Tony Bowles photo by K.Doran for Rob Rich/SocietyAllure.com ©2018 [email protected] 516-676-3939 Rebecca Seawright, Rita Cosby, Andrea Catsimatidis, Irene Michaels, Jean Shafiroff, Carolyn Maloney, Melanie Wambold, Margo Catsidmatidas, Summers Farkas, Margo Neederlander and Judith Guiliani photo by K.Doran for Rob Rich/SocietyAllure.com ©2018 [email protected] 516-676-3939 Summers Farkas, Carolyn Maloney and Robert Zimmerman photo by K.Doran for Rob Rich/SocietyAllure.com ©2018 [email protected] 516-676-3939 Nancy Thiel, Fred Thiel, Mark Epley and Marianne Epley photo by K.Doran for Rob Rich/SocietyAllure.com ©2018 [email protected] 516-676-3939 Brian Clark, Fred Weinbaum and Gary Bie photo by K.Doran for Rob Rich/SocietyAllure.com ©2018 [email protected] 516-676-3939 Bob Chaloner, Jean Shafiroff and Steven Bernstein photo by K.Doran for Rob Rich/SocietyAllure.com ©2018 [email protected] 516-676-3939 Jean Shafiroff photo by K.Doran for Rob Rich/SocietyAllure.com ©2018 [email protected] 516-676-3939 Jean Shafiroff, John Catsidmatidas, Andrea Catsidmatidas and Margo Catsidmatidas photo by K.Doran for Rob Rich/SocietyAllure.com ©2018 [email protected] 516-676-3939 Stony Brook Southampton Hospital held its 60th Annual Summer Party on Saturday, August 4, in Southampton. The Catsimatidis family and the Mosler family were honored. Caitlin Diebold served as Junior Chair, and Jean and Martin Shafiroff served as Presidents/Committee Chairs. Share Melanie Wambold and Gregory d’Elia photo by K.Doran for Rob Rich/SocietyAllure.com ©2018 [email protected] 516-676-3939 Lieba Nesis, Evelyn Tompkins and Sana Sabbagh photo by K.Doran for Rob Rich/SocietyAllure.com ©2018 [email protected] 516-676-3939
As the solicitors in Buxton v Mills-Owens  EWCA Civ 122 who stood to lose all profit costs, the Court of Appeal’s decision that we terminated our retainer with our erstwhile client Mr Mills-Owens with good reason was a relief (see Law reports). We had been instructed to put points to the court, which were in an administrative law context unarguable, and we and counsel had declined to do so. It was, however, hardly a surprise, as the decisions to the effect that it was not good enough reason to break a retainer to decline to do something one considered improper that we appealed struck one as unlikely to survive in the appeal court. Happily, the Law Society thought so too, and we are grateful for its support of our case on that. However, the more interesting stone that did not get turned related to the underlying nature of the solicitor-client relationship. The appeal court affirmed, but without analysis of the background to the rule, that a solicitor’s retainer is an ‘entire contract’. Conventionally, that means payment only on completion of the job, like the seaman in Cutter v Powell, (1795) 6 Term Reports 320, who died en route and thus failed to complete his agreed voyage. His widow failed to claim for any of his wages. This harsh rule has been ameliorated over the years – but apparently not in the case of solicitors who wrongly break retainers. Serious problemsThe reaffirmation of the concept of ‘entire contract’ without considering the serious problems to which this gives rise is unfortunate. The court had an excellent opportunity to do so. There has been judicial criticism of the ‘entire contract’ rule from the 1870s onwards, most recently by Mr Justice Lindsay in Angelo Perotti v Collyer Bristow  EWHC 25 (Ch). From a solicitor’s point of view ‘entire contract’ is a Sword of Damocles, such that if one does err in breaking a retainer – one’s reason was not good enough – one is entitled to no costs at all. This leaves solicitors in the unsatisfactory position of having to ‘follow instructions’ against their better instincts for fear of the sword falling. While sympathising with our concerns, the Law Society did not consider the entire contract point needed resolving, as it could be dealt with in terms of business. In the light of the appeal court judgment we will take (yet another) look at our terms of business to ensure that there is no prospect of their being construed as an entire contract and in the event of breach, damages are limited to losses suffered. But even then, situations may arise – for example starting very urgent work for someone without the opportunity to sign terms of business – where this is not practicable. Indeed it is precisely situations such as this which can land one with a difficult client or circumstances which were not as they first appeared. The entire contract rule and prospective loss of all profit costs in case of wrongful breach of a retainer is not covered at all in the Solicitors Code of Conduct. One trusts that the Law Society may consider releasing a practice note to help solicitors avoid the trap into which we fell – and from which we had to extricate ourselves by pursuing two levels of appeal from the costs judge. Loss of all profit costsWe said ‘entire contract’ is a label to a committed and continuing relationship between solicitor and client, but not one where breach should mean the loss of all profit costs. We said the circumstances were like Taylor v Laird (1856) 1 H&N 266, where a captain employed to explore and trade on the River Niger had refused to go further than a particular trading post, but succeeded in claiming his fees on the basis that these were payable on a monthly basis. And similarly, we argued that our fees accrued as we spent time, as is normal with litigation retainers. Embarking on High Court litigation does indeed bear close parallels in other ways with the hazards of exploring Africa in the 19th century. Richard Buxton heads a small firm in Cambridge specialising in environmental and public law
FacebookTwitterEmailPrintFriendly分享The Joint Board of Fisheries and Game meeting has rescheduled for January 14, 2015 to develop a list of qualified persons for the governor to consider for the Alaska Department of Fish & Game commissioner. That meeting will begin in Juneau at 8:30 am on January 14, 2015. Previously meetings had been scheduled in Anchorage and Juneau for December 29 but due to a low number of applicants, Glenn Haight with the department said that it made more sense to just have one meeting. The meeting has also added a live internet audio stream which can be found at the Joint Board website along with additional information about the meeting. Among the candidates is local drifter Roland Maw who was appointed to Gov. Bill Walker’s transition team subcommittee to represent fisheries in November. Haight: “And so each of the boards have provided committee members, three of them, and they will be meeting to review the candidates they’ve received.” Public comments are being accepted by fax and email until 5:00 pm Friday, January 8, 2015. He is up against Sam Cotten who was named interim Fish and Game commissioner on the same day Walker took the oath of office.
Shawn Theodore/SHOWTIME(NEW YORK) — Ahead of the season three finale of The Chi, Miriam A. Hyman is sharing what she hopes fans will leave with after they watch the final episode.“I really hope fans will be extremely satisfied, completely satiated with just everything that we’re giving them,” Hyman, who plays Dre, tells ABC Audio. “And I also hope that it becomes very clear in terms of who I am within their family.” Even though Hyman just joined the series this season as the new wife of Nina, the actress and artist has already established herself as an integral character on the show. “I mean, I would hope that by the first episode, it’s pretty doggone clear [who I am],” she says of her character’s addition.Still, Hyman notes that like in previous seasons of the The Chi “a lot of questions will probably be answered,” but many will not.“We want to leave room for those questions that aren’t answered, so hopefully [in] season four we’ll be able to answer some more of those questions,” she explains. “But yeah, I think that the fans and supporters will be very, very pleased.”While Hyman wants fans to be entertained by the unpredictable drama of the season, she also wants them to feel represented.“And I think it just raises more awareness in terms of the climate that we’re in right now,” she says. “And so I just think these stories are just extremely important and really necessary.”The season three finale of The Chi, also starring Jacob Latimore and Birgundi Baker, airs Sunday night at 9 p.m. ET on Showtime.By Candice WilliamsCopyright © 2020, ABC Audio. All rights reserved.
OTTAWA – An environment professor at Dalhousie University says Canada’s push to lead the G7 into a war against plastic garbage would get a whole lot more heft if the federal government started enacting stronger policies at home.Tony Walker says Canada is actually lagging behind many other countries, at least 40 of which have enacted some sort of national policy to curb the use of single-use plastic drink bottles, plates, straws, and grocery bags.In a new article published in the journal Resources, Conservation and Recycling, Walker argues Canada would be sending the right signals if it steps up with a national ban on plastic bags.“I think they could send a message, a very strong message,” Walker told The Canadian Press.Several small Canadian municipalities have banned plastic bags and Montreal became the first major city to do so in January. Victoria will follow suit in July. However Walker says it’s too ad hoc of an approach and doesn’t encourage manufacturers to streamline their products to make for easier recycling. He also notes many attempts at the municipal level to enact bans in Canada and the U.S. have failed, including in Toronto in 2012.Walker says he knows a ban is a heavy handed approach but in our “use once and then discard” mentality, we need to force people to think harder about what happens to their products of convenience.He noted Canada banned the manufacture of microbead plastics already, deeming them to be toxic to human health or the environment, and will ban the sale of shower gels, face scrubs and toothpaste that contain them in June. Given that plastic bags and straws that end up in the ocean have been proven to be toxic for marine life, he wonders why Canada can’t use the Canadian Environmental Protection Act to do with plastic bags and bottles what it did with microbeads.“I don’t know the mechanism how (a plastic bag ban) could occur but I hope they’re very forward thinking and progressive about this,” Walker says.Last week Environment Minister Catherine McKenna was at the World Ocean Summit in Mexico, where she was pushing Canada’s desire to see the G7 nations sign a plastics charter, pledging to work towards 100 per cent recyclable, reusable or compostable packaging.In a call with reporters she noted the equivalent of a dump truck full of plastic is dropped into the ocean every minute of every day, and at this rate, there will be more plastic than fish in the ocean by 2050. However she did not cite federal bans on plastic bags as one of the steps the government is currently pursuing.When asked about concrete policies of the government on plastic she talked about helping developing countries finance waste management policies, funding science to make plastic that is easier to compost and public awareness.Canada is already playing catch up to the world to address plastic garbage, including several other G7 nations.The European Union in January launched a strategy to get its member nations to aim for 100 per cent recycling by 2030. In France, all disposable tableware will have to be least 50 per cent compostable by 2020, and 60 per cent by 2025.Great Britain cut its addiction to single-use plastic bags by 85 per cent after implementing a five pence (less than a Canadian dime) charge for getting one in 2015.Italy enacted a ban on non-compostable plastic bags at grocery stores in January, although it got a rough ride from the public as it was executed.China banned plastic bags a decade ago although many reports suggest the ban is not enforced much.Kenya and Rwanda have laws that will see people sentenced to jail time for importing or selling plastic bags. Taiwan announced in February single-use plastics will be entirely banned there by 2030. Scotland is barring the use of plastic straws and plastic-stemmed cotton swabs.It’s estimated about three billion plastic bags are used in Canada each year, and anti-plastics advocates note most are used for less than 20 minutes each but take hundreds of years to break down.Walker says when plastic bags or bottles or straws are tossed away, and end up in the dump, the river or the ocean, they will eventually break down into smaller bits from friction, UV light, or salt water. Plastics account for about 85 per cent of the garbage found in the ocean and can often trap marine life, or be mistaken by fish and turtles as food.In 2015, Australian scientists found more than 90 per cent of the sea birds they studied had plastic in their digestive tracts.Walker says at a round table event hosted by McKenna’s department last month, academics, environment groups, plastic makers and representatives from the food industry all sat down to talk about what can be done and he thinks the government is getting ready to make some big announcements.This coming week, Stephen Lucas, Canada’s deputy environment minister, will be in San Diego at the sixth annual Marine Debris Conference sponsored by the United Nations where he is considered a keynote panellist.— follow @mrabson on Twitter.