Insolvency

first_img Jane Lambert (instructed by Public Access Rules) for the appellant; Stephen Davies QC (instructed by Eversheds) for the respondent. Practice statements – Proportionality – Remuneration – Trustees in bankruptcy The appellant bankrupt (B) appealed against a decision fixing the remuneration of the trustee in bankruptcy (R). B ran a small retail flower business. She did not keep up with her VAT payments and was made bankrupt on a petition by HM Revenue & Customs. R was appointed as trustee. It was agreed that B’s husband would purchase the business and assets for £10,000. In addition to the flower shop business, the other substantial asset in B’s estate was a half-share in the matrimonial home valued at about £165,000. B made an application for annulment of her bankruptcy. The claim of the Revenue was settled at £15,177. B’s bank was a creditor for a total of £10,347 on two unsecured accounts, a current account and a loan account. The annulment application was adjourned more than once. There were issues as to whether and, if so, how debts had been paid, and B was challenging the amount of the bankruptcy costs and disbursements. A meeting of creditors, attended by the Revenue by proxy, had resolved that R’s remuneration should be fixed by reference to the time properly given by him and his staff in attending to matters arising in the bankruptcy. At first instance, the district judge fixed R’s costs and remuneration at £20,354, with additional disbursements of £2,890, and assessed his solicitors’ costs at £23,086, together with a small amount for disbursements. On appeal the judge, sitting with two assessors, fixed R’s costs and remuneration, excluding disbursements, at £9,929 and assessed the solicitors’ costs at £10,038. R’s disbursements and most of the solicitors’ disbursements were also allowed. B argued that even the reduced figure for R’s remuneration was disproportionately high in relation to the circumstances of the bankruptcy, did not have regard to the Practice Statement (Ch D: Fixing and Approval of Remuneration of Appointees) [2004] BCC 912 Ch D, and in particular to the principle that the remuneration of the trustee in bankruptcy should reflect and be fixed so as to reward the value of the service rendered by him, not simply to reimburse him in respect of time expended and cost incurred, and did not properly take into account the status of the trustee in bankruptcy as a fiduciary. Held: (1) The Practice Statement of itself could not make law on substantive issues or require courts to apply the guiding principles stated in it. But the Practice Statement was not an attempt to create a new set of principles, but a convenient means of gathering together in one place the principles to be derived from the Insolvency Rules and authority, Mirror Group Newspapers Plc v Maxwell (No1) [1998] BCC 324 Ch D considered. The Practice Statement acquired authority as a statement of guiding principles if it was expressly approved and applied as such in judgments at an appropriate level, and it had been. Although the guiding principles were expressed to apply to applications for fixing and approving remuneration, it was clear that they would be applied also to a challenge, taking into account that the remuneration or its basis had been duly fixed under the Insolvency Rules by a relevant body, such as a creditors’ committee or meeting of creditors. A court hearing an application to fix or to challenge the remuneration of an office-holder should proceed on the basis that the Practice Statement was to be applied, except in so far as in the circumstances of the particular case the party objecting to its application showed that it would be wrong in principle to do so (see paragraphs 42-48 of judgment). (2) The principles set out in the Practice Statement should have been expressly applied, but that omission was not a ground for allowing the appeal. The judge applied what were fundamentally the relevant criteria. He examined in some detail, with the benefit of the assessors, the remuneration claimed and the work done, in terms of value more than time, bearing always in mind the need to arrive at a figure which was proportionate to the circumstances of the bankruptcy. It was not open to the judge wholly to disregard the time spent by R, both because it was a relevant, but not decisive, factor in any case and because the basis of his remuneration had been fixed at the meeting of creditors. In relation to the issue of proportionality, the number and size of claims and the number and value of assets was an important, but not the only, element in the circumstances of the bankruptcy. There were many ways in which costs could properly be incurred which were not related, principally or even at all, to the assets and liabilities of the estate. In the instant case, B’s conduct in relation to the application to annul plainly did increase R’s costs. As to the issue of hourly rates, B adduced no evidence as to local charging rates and the judge and the assessors must have had some knowledge of those rates. B had had the benefit of a detailed examination of R’s remuneration, resulting in a very substantial reduction. Applying expressly the principles in the Practice Statement, the result would not be materially different (paragraphs 86-90). Appeal dismissed. center_img Helen Brook v Nicholas Edward Reed (trustee in bankruptcy of the estate of Helen Brook): CA (Civ Div) (Lady Justice Arden, Lord Justice Black, Mr Justice David Richards): 25 March 2011last_img read more

Fil-Am Clarkson expects seeing Kai Sotto in NBA

first_imgHe added: “My advice for him is ‘Be you and be humble no matter what. The media is going to do and say what they want. Just be free.’” Utah Jazz guard Jordan Clarkson (right) hopes to see his fellow Filipino Kai Sotto (left) make it to the National Basketball Association (NBA). Sotto committed to play for NBA G League select team on May 11. ABANTE TONITE MANILA – Utah Jazz guard Jordan Clarkson is expecting the entry of his fellow Filipino Kai Sotto to the National Basketball Association (NBA) soon.Clarkson said during an interview with Spin.ph that he is excited to partner or compete against the 7-foot-2 Sotto who recently committed to play for the NBA G League select team.G League is NBA’s developmental league. Players who are 18 years of age can play there before becoming eligible to participate in the NBA Draft. “I’ve seen some of his highlights, and he’s coming along pretty well. It would really be nice to see Kai make it to the NBA. I have my eyes on him and I’ll be supporting him,” said Clarkson. Clarkson, who played for Gilas Pilipinas during the 2018 Asian Games in Jakarta, Indonesia, earlier praised Filipino-American Jalen Green – the first to commit to the NBA G League select team.Sotto and Green are expected to build a formidable partnership in G League games.The 18-year-old Sotto trained with the Skills Factory in Atlanta, Georgia for the past year. His breaking performances attracted several giant National Collegiate Athletic Association teams in the US and European ball clubs.He made visits to University of Kentucky, Georgia Tech, DePaul, and University of Auburn before he made his move to NBA G-League.The Filipino center is expected to earn to earn $500,000 for a five-month season in the G League./PNlast_img read more

Pan American Games

first_imgGuyana’s senior men’s 7s team were blanked 62-nil by the USA in their first preliminary Pool A match when the Pan American Games got underway yesterday in Lima, Peru. Maceo Brown led the USA ruggers with three tries while Ben Brocelle recorded two tries to add his name to the scoresheet.Captain, Cody Melphy chipped in four conversions and a try to stretch the scoreline while Jake Lachina, Montae Noble, Marcus Tupuola and Harley Wheeler recorded a try apiece. Naima Fualaau also had four points off his boot.Today, Guyana will face Brazil in their next match from 11:50am.last_img read more

Old friends Narduzzi, Pelini square off in opener

first_imgPITTSBURGH (AP) — Bo Pelini and Pat Narduzzi have spent the better part of their lives occasionally staring across the football field at one another.On Saturday they’ll do it for the first time as coaching equals.The kids who played against each other in high school growing up in Youngstown, Ohio, then became two of the nation’s top defensive coordinators will meet as head coaches when Pittsburgh hosts Youngstown State on Saturday.For the 49-year-old Narduzzi, the kickoff will signify his long, slow climb through the ranks, one that ended when the Panthers tabbed him to replace Paul Chryst last December. For Pelini, the Penguins are a chance to come home and revive his career following his only sporadically successful tenure at Nebraska.Yet both men insist Saturday isn’t about them but about the players they’re trying to get ready for seasons being met with drastically different expectations.The Panthers were picked to finish sixth in the ACC’s Coastal Division even though they have two of the nation’s top skill position players in running back James Conner and wide receiver Tyler Boyd.The Penguins are ranked 14th in the Football Championship Subdivision, a nod to the immediate impact Pelini’s arrival is expected to make and the program’s history, which includes a trip to the Division II national title game in 1979 when Bill Narduzzi was Youngstown’s coach and son Pat was working as a ball boy during gamedays.Pat Narduzzi will try to put the history out of his mind, but it won’t be easy.“I could sing the (Youngstown) fight song if you wanted,” he offered with a laugh.Some things to look for as Pelini and Narduzzi prepare for a warm pregame handshake that will turn decidedly more fiery once the ball is kicked:___HISTORY LESSONNarduzzi is tasked with a challenge Chryst could not overcome: beating the Penguins in his first game as a head coach. Youngstown State drummed the Panthers 31-17 in the 2012 opener, a loss that proved symbolic of Chryst’s uneven tenure. Rather than ignore history, Narduzzi plans to mention it so his team can avoid repeating it.“To me, it becomes personal that that happened,” Narduzzi said. “I think it’s great to play with an attitude and play angry. That’s what we’ll try to do. We’ll put a little anger in a bottle and throw it out there on Saturday.”___LOFTY GOALSPelini was brought in to restore some luster after eight straight seasons in which the Penguins failed to make the FCS playoffs. He won at least nine games in each of his seven years with the Cornhuskers. If he can reach that number with the Penguins, Youngstown should play deep into November if not beyond.“You don’t want to coach in a place where winning doesn’t matter,” Pelini said. “I think winning matters to people. They expect and demand success.”___NO BOYDThe Panthers will play without Boyd, who will serve a one-game suspension after getting pulled over in June and charged with DUI. Narduzzi has remained intentionally vague on who will fill in, though redshirt freshman Elijah Zeise impressed during fall camp.Boyd, who apologized for his mistake, has tried to become a mentor while he waits to make his season debut on Sept. 12 at Akron.“I’m going to continue to push all these guys and make them believe in themselves and not just look at me or another vet to get the job done,” Boyd said. “I’m trying to let all the other guys know that we need everybody. Everybody has a role on this team.”___AP college football site: www.collegefootball.ap.org,PITTSBURGH (AP) — Bo Pelini and Pat Narduzzi have spent the better part of their lives occasionally staring across the football field at one another.On Saturday they’ll do it for the first time as coaching equals.The kids who played against each other in high school growing up in Youngstown, Ohio, then became two of the nation’s top defensive coordinators will meet as head coaches when Pittsburgh hosts Youngstown State on Saturday.For the 49-year-old Narduzzi, the kickoff will signify his long, slow climb through the ranks, one that ended when the Panthers tabbed him to replace Paul Chryst last December. For Pelini, the Penguins are a chance to come home and revive his career following his only sporadically successful tenure at Nebraska.Yet both men insist Saturday isn’t about them but about the players they’re trying to get ready for seasons being met with drastically different expectations.The Panthers were picked to finish sixth in the ACC’s Coastal Division even though they have two of the nation’s top skill position players in running back James Conner and wide receiver Tyler Boyd.The Penguins are ranked 14th in the Football Championship Subdivision, a nod to the immediate impact Pelini’s arrival is expected to make and the program’s history, which includes a trip to the Division II national title game in 1979 when Bill Narduzzi was Youngstown’s coach and son Pat was working as a ball boy during gamedays.Pat Narduzzi will try to put the history out of his mind, but it won’t be easy.“I could sing the (Youngstown) fight song if you wanted,” he offered with a laugh.Some things to look for as Pelini and Narduzzi prepare for a warm pregame handshake that will turn decidedly more fiery once the ball is kicked:___HISTORY LESSONNarduzzi is tasked with a challenge Chryst could not overcome: beating the Penguins in his first game as a head coach. Youngstown State drummed the Panthers 31-17 in the 2012 opener, a loss that proved symbolic of Chryst’s uneven tenure. Rather than ignore history, Narduzzi plans to mention it so his team can avoid repeating it.“To me, it becomes personal that that happened,” Narduzzi said. “I think it’s great to play with an attitude and play angry. That’s what we’ll try to do. We’ll put a little anger in a bottle and throw it out there on Saturday.”___LOFTY GOALSPelini was brought in to restore some luster after eight straight seasons in which the Penguins failed to make the FCS playoffs. He won at least nine games in each of his seven years with the Cornhuskers. If he can reach that number with the Penguins, Youngstown should play deep into November if not beyond.“You don’t want to coach in a place where winning doesn’t matter,” Pelini said. “I think winning matters to people. They expect and demand success.”___NO BOYDThe Panthers will play without Boyd, who will serve a one-game suspension after getting pulled over in June and charged with DUI. Narduzzi has remained intentionally vague on who will fill in, though redshirt freshman Elijah Zeise impressed during fall camp.Boyd, who apologized for his mistake, has tried to become a mentor while he waits to make his season debut on Sept. 12 at Akron.“I’m going to continue to push all these guys and make them believe in themselves and not just look at me or another vet to get the job done,” Boyd said. “I’m trying to let all the other guys know that we need everybody. Everybody has a role on this team.”___AP college football site: www.collegefootball.ap.org In this file photo from Oct. 16, 2014, Pittsburgh running back James Conner (24) tosses the ball to an official after scoring in the NCAA football game against Virginia Tech, in Pittsburgh. The reigning ACC Player of the Year is a star now, one with a slimmer waistline and his eyes set on getting the Panthers off a treadmill of mediocrity. (AP Photo/Keith Srakocic, FILE)last_img read more

Manchester United to test Real Madrid’s resolve with second Sergio Ramos bid

first_img Real Madrid’s interest in David de Gea and Ramos’ situation with Los Blancos has played into United’s hands, with this saga, along with the Paul Pogba transfer, set to become one of the summer’s biggest dramas.  However, Rafa Benitez hopes that is not the case. He would like everything sorted before July 11, when Madrid begin their pre-season tour in Australia and China.   Upd. at 20:28 Louis van Gaal’s Manchester United want to sign Sergio Ramos at any cost.  It seems that Ramos is clear on wanting to leave Madrid; time will tell if that is the case. CESTcenter_img Sport EN In the United Kingdom, there are reports that Madrid rejected Man United’s first offer, which was around 40 million euros. The Premier League side will now test Madrid with a second bid.  As reported yesterday, Manchester City are also interested in Ramos following a season which brought zero titles. They would also be prepared to invest a serious amount of cash in the defender.  29/06/2015last_img read more

Bright ballsy future down under

first_imgThe Gazette’s Dave Nagel catches up with the ultimate father figure, Kooweerup’s Ronnie Bright. Ronnie, we’ll get to the rest…[To read the rest of this story Subscribe or Login to the Gazette Access Pass] Thanks for reading the Pakenham Berwick Gazette. Subscribe or Login to read the rest of this content with the Gazette Digital Access Pass subscription.last_img

Train pain as rail strike looms

first_imgBy Mitchell Clarke More train pain could hit commuters with the Rail Tram and Bus Union (RTBU) indicating action could be taken across…[To read the rest of this story Subscribe or Login to the Gazette Access Pass] Thanks for reading the Pakenham Berwick Gazette. Subscribe or Login to read the rest of this content with the Gazette Digital Access Pass subscription.last_img

Social Networking for Good: Eventbrite Updates their Merchant Agreement After Backlash

first_imgThe tweet caught me by surprise last Friday night. Eventbrite, the popular online platform used by event organizers (including me) to create, promote and sell event tickets, had rights to attend the event I published on their platform. In addition, Eventbrite could film and copyright my event. And according to their Merchant Agreement, as the event organizer, I had to pay licenses, permissions, clearances, and cover Eventbrite expenses.What? Here’s the tweet I read:Wow. I guess it’s time we all stopped using @eventbrite. They claim the right to attend your event, film it, and own the copyright. https://t.co/4lQ84UKjAC— Barney Dellar (@branaby) April 20, 2018The text of their Merchant Agreement (before it was changed yesterday):You, on behalf of yourself and the Subjects, grant Eventbrite and its licensees the nonexclusive right to use the names and trademarks of you, the Premises, the Events documented in the Shoot, and the Subjects in connection with Eventbrite’s and its licensees’ use of the Recordings. You are responsible for obtaining, at your own cost, all third party permissions, clearances, and licenses necessary to secure Eventbrite the permissions and rights described above, and you represent that you have done so.And my quick reply to Eventbrite late Friday night, expressing my frustration. . @eventbritehelp This isn’t right. Eventbrite has right to record our events, but organizers “…are responsible for obtaining, at your own cost, all third party permissions, clearances, and licenses necessary to secure Eventbrite the permissions and rights described above…” https://t.co/AsAYOgcAK0— Deborah Edwards-Onoro (@redcrew) April 21, 2018The Eventbrite social media team was on top of the discussion, since they replied to my tweet in less than 10 minutes.Our Marketing team is excited to share moments that spotlight the magic of your events. In order to accommodate the specific needs of every user, you have the option to opt out of Section 7 by sending written notice of your decision to opt-out to [email protected]— Eventbrite Help (@eventbritehelp) April 21, 2018Huh? This is something event organizers have to opt-out of? In my opinion, it shouldn’t be there in the first place! Plus, there’s nothing in their clause indicating how to opt-out. If I hadn’t received a reply from Eventbrite, how would I have discovered how to opt-out? I wasn’t the only one who found Eventbrite’s terms beyond the norm.Outraged Event Organizers Respond to Eventbrite’s TermsWord spread quickly on social media within the event organizer community. And event organizers shared their outrage and frustration.Here are a few of the hundreds of tweets posted in the past few days. Dear @eventbrite. We’ve been happy customers for years, but can & will not work with the new terms which heavily impact our guests privacy and our speakers intellectual property. Right to enter the event, record & publish everything are NOT necessary to provide ticketing. pic.twitter.com/RgP9wWekHR— push.conference (@push_conf) April 22, 2018It’s worse than that. If you’ve ever been stalked or have any abusive exes you’re trying to avoid, it is unsafe to go to an event ticketed by @eventbrite. They can film you, and use that footage plus your name – forever – to do whatever they want. https://t.co/A57YSnTM80— Sarah Mei (@sarahmei) April 22, 2018We won’t be using @eventbrite for our meetups ever. That’s a huge breach of privacy for security meetups! https://t.co/7lUeHcvYPg— Shannon Morse (@Snubs) April 22, 2018Dear @eventbrite: I didn’t know we gave you permission to attend our events, film & claim copyright when we used your service: https://t.co/XYhl7iqnAY I suspect most other consumers did not, either. Please change this to opt-in, or I’ll need to stop using your service. cc @ftc https://t.co/G4th0h2Tvg— Alex Howard (@digiphile) April 21, 2018The way I read the new @eventbrite ToC, if you run a conference, they can show up, record the whole thing, sell it or give it away for free without asking or even notifying you, all because you paid them to use their platform.#bucketOfNope— Uncle Cal (@CalEvans) April 22, 2018Eventbrite Finally RespondsAfter going dark on social media for more than a day (I can understand a bit, it was the weekend), Eventbrite finally responded to their customers with a tweet, explaining that the clause had been removed from their terms.A clause in our updated terms was designed to help create promotional content with our creators, but the language we used was broader than necessary. We have not recorded any footage at events and have now removed the clause entirely. Apologies for any concern this caused.— Eventbrite Help (@eventbritehelp) April 22, 2018However, the ill will the clause created among event organizers has many reconsidering other options for event promotion and ticketing. I know, I’m one of them.My ThoughtsObviously, Eventbrite blundered with the clause in their Merchant Agreement. Though it took more than a day to respond, Eventbrite finally heard their customers and removed the clause.But they’ve lost a huge amount of trust and credibility with event organizers. Eventbrite’s policy was overreaching. In their goal of creating promotional content with event creators, they overstepped in expecting event organizers to pay for the costs, by hiding the info in a lengthy merchant agreement. The change to their terms is a reminder to everyone who uses online services to read the terms of service and the email messages notifying us of changes in terms of service.However, I have to wonder. If it wasn’t for how quickly the clause spread on Twitter, would Eventbrite have made the change on their own?Eventbrite is used by event organizers in 180+ countries. It’s not a free service for organizers who use the online platform to sell tickets. What’s Still Missing from Eventbrite?I give credit to Eventbrite management for stepping up and resolving the issue quickly. However, they could do more. A blog post on their website and an email message to all customers where Eventbrite:Apologizes to their users for the clauseAdmits the negative impact it had on their customersDiscusses how they remedied it, made it rightSummaryKudos to everyone who shared the news on social media. Your social networking efforts had a positive impact, influencing Eventbrite to quickly remedy a bad situation. If you’re an event organizer who is looking for alternatives, here are a couple of sites to consider: Tito (low fees, community group rates) and Trybooking (free for free events, unlimited support). I’ll be doing my research to learn more about the two ticketing companies and may publish a post on what I discover. On a personal note, when I chose to use Eventbrite for our new West Metro Detroit WordPress Meetup group earlier this year, I didn’t think I’d be looking for another online ticketing service so quickly. Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to print (Opens in new window)Like this:Like Loading…RelatedEvent Registration Alternatives to Meetup.comWith this week’s announcement that Meetup.com was changing its pricing policy, many meetup organizers are looking for alternatives to using Meetup.com for their event registration. The news of the pricing change spread quickly among meetup organizers on Twitter. While the decrease in cost to organizers at $24/year was welcomed, the…In “Internet”Lanyrd: The One Place You Want to Post Conference Info, Slides, and PhotosUpdated May 6, 2018: Unfortunately, Lanyrd is no longer being maintained. I’m searching for an alternative site for posting conference information. Last week one of my friends in higher education sent me a tweet. “Hey, Deborah, what happened to the blah-blah conference 2013 website? I can’t find it.” “Not sure,”…In “Conference”Lessons Learned from 12+ Years of Organizing Meetup EventsImagine you’re a project manager, invited to speak at a local meetup group. You’ve spent six hours creating and fine-tuning your talk and presentation slides. The day before your talk, you check the online event registration site to see over 45 people have registered to hear you speak. Whoa! It’s…In “Miscellaneous”last_img read more