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Friday 28 September 2012

Was the Armada sunk by Martian Navy?

No

Is John Terry innocent?

It's not denied that Terry uttered the phrase "You fucking black cunt". It would be hard to do so. The video footage shows him clearly mouthing those words. In the criminal court guilt must be proved beyond all reasonable doubt. The Magistrate could not be sure - so I read - as to the context in which the phrase was used. So Terry was aquitted.
   The FA work on the balance of probabilities and also, apparently,  on the basis that it doesnt matter why you say it, saying it is an offence.
    On  a similar basis (balance of probabilities) ex PC Simon Harwood was aquitted by the criminal court but could well be found liable for Ian Tomlinson's death by a civil court.
    Look at the video footage on the Guardian website. Are these words spoken with a look of incredulity on Terry's face? "What? Are you suggesting I would call you a fucking black cunt?" Or are they spoken with derision?
    It may be that Terry is a far more erudite footballer than many would give him credit for. A cynic might say no, he just has some very clever and expensive lawyers.
    I do find it surprising that a footballer, particulalry in the middle of a game, would offer such a retort. I would have expected more a "What did you fucking say?"
   Like many others, I'm just a laptop pundit. As a lawyer I know the devil is always in the detail. I'm a strong believer in the presumption of innocence - let those ten 'tea leaves' (leaf - thief) go free before you send an innocent man down -  by the same token, however, my rose tinted spectacles were trampled into the mud many years ago.

Since writing the above I see the FA has delivered its verdict and found Terry's version of events difficult to believe. They do of course work to a different burden of proof. Would they have reached the same verdict if they'd had to be satisified beyond all reasonable doubt? From the reports it seems they probably would. You would have thought a Magistrate would have taken a fairly hardbitten view of the matter. Interesting to see the FA seem to be more cynical than the courts!

Wednesday 26 September 2012

You made a right poll tax out of that!

Remember when the phrase 'You made a right poll tax out of that' was a way of saying you'd dropped an almighty clanger? Will the same term apply in years to come to Nick Clegg and Mitt Romney? As in 'You made a total Mitt Romney out of that!'
   Or, where its really awful, a 'Nick Romney,' to symbolise it was so bad you have to role them both into one!
   Or you could say, 'You made a total Sarah Palin out of it!'
   I could go on, Im sure there are lots more. All suggestions welcome.

Will you be in deep water over your house insurance?

Flood risk insurance is covered by  “the Statement of Principles on the provision of flood insurance”.  This is an agreement between the Association of British Insurers ('ABI') and the Government.
     Insurers are obliged to offer flood insurance to homes and small businesses, where the risk of flooding is lower than a 1 in 75 year event and where the property is already insured.  For properties at a greater risk, insurance is available on the condition that flood defences will be constructed to reduce the risk below that limit within 5 years. 
    The agreement does not cover properties built after January 2009.
    The Statement of Principles comes to an end on July 1st 2013.  The Insurance Industry wont currently commit itself after that date, without seeing more commitment from the Government to spend on flood defences. Not easy in these cash strapped times.
     An ABI research paper published in January of this year based on a sample of 124000 properties at significant risk (> 1 in 75 year event) showed that 78% of properties in the sample were currently paying an under-priced premium averaging £290 per year.
    One in six properties (commercial and residential) in the UK are estimated by the Environment Agency to be at  risk of flooding and 500,000 of these to be at “significant risk.”     
   The ABI estimates that by 2035 this figure will rise to 835,000 properties.
    Homeowners are currently protected by the Statement of Principles which imposes restrictions on the premiums that insurers can apply.  Come 1st July 2013 all that changes.  Will you be able to insure your house next year?
    If you can’t insure it can you sell it?  How many mortgage companies will be willing to lend on an uninsurable house?

The influence of your ancestors

The Ga people  of Southern Ghana regard their ancestors as more powerful than the living.  When someone dies they carry a lot of influence over how you live your life. 
   It's extremely important to get on the right side of the dead.  One way to achieve this is through having a uniquely designed coffin which highlights how 'big a cheese' the recently departed was.  
  The coffin is hidden away until the day of the funeral.  Coffins shaped like chairs or swords carry a magical and religious status reserved for those of suitable importance.  Lions, cockerels and crabs represent clan totems.  Only the head of the family gets one.  Families will pay up to a years salary for the right coffin.


An evening of life, death, cake and contemplation

24th October 7.00 pm - 9.00pm
At the Woolpit Institute (1st floor)
The Street, Woolpit, Bury St Edmunds IP30 9QN

For more information see blog entries below
 

Thursday 20 September 2012

Love at first sight

I saw a client today.
   We got to discussing what he would want said when he died. I asked him how he'd met his wife.
   'It was love at first sight' he said.  'On our first date we went to the cinema and saw Meet Me in St Louis. On the way back I asked her if she'd ever thought of getting married?'
   'I'm waiting for Mr Right,' she said.
   'Do you think he'll ever come along?' he asked.
   'He just has,' she replied.
   They've been married for 63 years.

Death Cafe comes to Bury St Edmunds


An evening of life, death, cake and contemplation

24th October 7.00 pm - 9.00pm
At the Woolpit Institute (1st floor)
The Street, Woolpit, Bury St Edmunds IP30 9QN
 (The Institute is located in the village centre. Directions at www.woolpit.org)

What is the Death Café?
At Death Cafes people come together in a relaxed and safe setting to discuss life and death, drink tea and eat delicious cake.  The objective of Death Cafe is "To increase awareness of death with a view to helping people make the most of their (finite) lives".

"Somebody should tell us, right at the start of our lives that we are dying. Then we might live life to the limit, every minute of every day. Do it! I say. Whatever you want to do, do it now! There are only so many tomorrows." - Pope Paul VI, Italian pope, 1897-1978

The idea of running Death Cafes came from the work of Swiss sociologist Bernard Crettaz. Jon Underwood has brought the idea to the UK.  The first Death Cafe took place in Jon's basement in September 2011. Since then Death Cafes have been held in the Royal Festival Hall, a yurt, cool cafes and people's houses. Over 200 people have so far attended a Death Café in the UK. The events have invariably been very special and feedback has been fantastic.

Death Cafes are always offered:

On a not for profit basis though, to be sustainable, we try to cover expenses through donations and fundraising
·      
In an accessible, respectful and confidential space, free of discrimination, where people can express their views safely

With no intention of leading participants towards any particular conclusion, product or course of action

Alongside refreshing drinks, nourishing food – and cake!

RSVP if you would like to attend (so we know how much cake we need!)

For more details call Nigel George on 01449 737582 or email ng@georgeandco.co.uk

Want to know more about the Death Café? Go to www.deathcafe.com
 

Friday 14 September 2012

Are you a bigot?

Nick Clegg has been attacked this week for allegedly calling opponents of  gay marriage, bigots. While I have no objection to people attacking Nick Clegg, were they right to do so?

My dictionary defines a bigot as; "a person who is prejudiced in their views and intolerant of the opinions of others"

The good old Oxford English goes on to define prejudice as; "preconceived opinion not based on reason or actual experience"

Intolerant it defines as; "not tolerant of views beliefs or behaviour that differ from ones own"

So if you oppose gay marriage on religious grounds, can that be based on reason? Religion is based on faith not reason.  'God moves in mysterious ways' where is the reason in that?  You can't say 'God exists and these are the reasons why'. You tend to say, 'I have faith in his existence'. God is a belief not a provable fact.

I presume most of those huffing and puffing at being called bigots have not experience gay marriage or had any dealings with anyone who has and therefore have no actual experience on which to base their views.

If you oppose gay marriage, then isn't it fair to say its not something you are willing to tolerate? The reason being it goes against your religious beliefs.

So as much as it pains me - Clegg having gone from possible hero to total zero in my eyes - on this he could just possibly have been right!





Tuesday 11 September 2012

The joy of life


Life should be a celebration, when you have it and when you don't . The Egyptians had some pretty interesting views on both life and death.

To quote Leo Buscaglia

Ancient Egyptians believed that upon death they would be asked two questions and their answers would determine whether they could continue their journey in the afterlife. The first question was, 'Did you bring joy?' The second was, 'Did you find joy?'

Friday 7 September 2012

The Death Cafe

To quote the late and great Steve Jobs, inventor of the Iphone, Ipad etc.

"No one wants to die. Even people who want to go to heaven don't want to die to get there. And yet death is the destination we all share. No one has ever escaped it. And that is as it should be, because Death is very likely the single best invention of Life. It is Life's change agent. It clears out the old to make way for the new. Right now the new is you, but someday not too long from now, you will gradually become the old and be cleared away. Sorry to be so dramatic, but it is quite true."

As some readers may know, I have developed a health interest in death. If you want to know more about my thoughts on the subject then visit my website www.happyendingfunerals.com 

I was therefore very interested to come across the work of Jon Underwood and the Death Cafe www.deathcafe.com

I'm looking to hold a Death Cafe in Bury in October. If you would be interested in coming along or knowing more then look at the websites and get in touch. You can email me ng@happyendingfunerals.com, or call me on 01449 737582

I aim to create a warm friendly environment, with a nice cup of tea and some cake - my daughter India's Bakewell tart is legendary. It will be an opportunity to talk about life and death, what makes us happy and what makes us sad. All thoughts and opinions will be of equal value. Most importantly we will be looking at how best to celebrate life, both when you have it and when you dont.

Although Im not a big fan of the Catholic Church I was struck by the following:
"Somebody should tell us, right at the start of our lives that we are dying. Then we might live life to the limit, every minute of every day. Do it! I say. Whatever you want to do, do it now! There are only so many tomorrows." - Pope Paul VI, Italian pope, 1897-1978

Thursday 6 September 2012

Have the lights gone out on the Government's new planning policy?



The Government have today trumpeted the relaxation of planning regulations.  We all can now build bigger and better extensions to our houses with out bothering with all that pesky red tape.  While this may be good news for some, what of the neighbours?  They may find their house cast into darkness by the towering edifice you’ve constructed.

Planning permission is only one of the consents you need before carrying out building work.  If your property is leasehold you will normally need the consent of your landlord.  Many freehold properties are subject to covenants restricting development without the original developers consent.

Light though, is the main issue.  Your neighbour may think it unfair that his living room is now a place of continual shadow.  And he may well be right.  Most of us will have a right to light either under common law or as a result of the Prescription Act of 1832.

This provides that just over half of your home should be lit by natural light.  The minimum standard is quaintly described as light which is equivalent to that from one candle one foot away.

Rights may be acquired under the Prescription Act where they have been used for 20 years.  The house doesn’t need to have been in the same ownership throughout that period.

So before you start thinking about your extension, you should give serious thought to the effect it will have on the light enjoyed by your neighbours.  If your extension is going to diminish that light, then they may be entitled to prevent you from building it.

If you build it regardless of those rights, you may find they obtain a court injunction requiring you to take it down.  When considering whether or not to grant an injunction, the court will have regard to the following criteria:-

1.       Is the loss of light small?

2.       Is the loss one which is capable of being estimated in money?

3.       Is it one which can adequately be compensated by a small money payment?

4.       Is the case one in which it would be oppressive to grant an injunction?

The case of HKRUK II Ltd-v- Heaney 2010, involved the loss of light to a commercial property.  The loss was calculated at less than 1% of the net lettable area and the book value calculation of damages was only £80,000 against the £4,000,000 value of the building.  The neighbour did not want compensation though.  The court were influenced by the fact the developers infringement had been deliberate and could have been avoided if the extenstion had been smaller.

Each case is always judged on its own merits.  However, before you call that builder you may need to think again.

Wednesday 5 September 2012

Disability - time for a new definition?

My dictionary defines disability as a physical or mental condition that limits a persons movements, senses, or activities.

The Equality Act 2010 defines it as a physical or mental impairment, which has a substantial and long term adverse affect on his/her ability to carry out normal day to day activities.

We all have a perception of the disabled. Or should I say had. Anyone watching the Paralympics and seeing one legged cyclists, swimmers with no arms and runners with no legs, have had that perception radically changed.

Sophie Christiansen was born two months prematurely with cerebral palsy. She has suffered from other health problems including jaundice, blood poisoning, a heart attack and a collapsed lung. She has won 5 gold medals, a silver and a bronze. She also has a Masters degree in mathematics.

Its ironic to think how may Paralympians might not satisfy the definition of disability under the Equality Act. They can all swim and run a lot faster than me.

So is it time to think not of someone as being disabled but just different?

It's good to talk

I was sorry to read that Bob Hoskins was suffering from Parkinsons disease. The Long Good Friday is one of my favourite all time movies. Bob played gangster Harold Shand. The character was a major inspiration for my villain Bernie Doyle, in my novel Money Death & Curry.

My dad had Parkinsons and sadly it robbed him of most of his body apart from his mind which he retained till the end.

It was Bob who told us in the BT commercials of the 1980's that it was good to talk. I was reminded of this when I received the latest news letter from Dying Matters. They've produced a new leaflet called Time to Talk. It addresses the importance of discussing the onset of dementia and what it will mean.

I'm a firm believer that knowledge is power. The more we know about something and the more we discuss our thoughts and feelings the better. In the words of Harriet Beecher Stowe; 'The bitterest tears shed over graves are for words left unsaid and deeds left undone.'

So if there is someone you love and there is something big happening in their lives then talk about it.