Wide Application of Costs Against Third Party A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, which were now appealed. Held: The appeals were allowed. The court’s … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The “Vimeira”): HL 1986
PENALTY – No appearance by or on behalf of Appellant – Appeal heard under rule 26(2) of VAT Tribunal Rules 1986 – Appellant deregistered for VAT when trading above registration limit – Appellant’s main client VAT exempt not valid reason for . .
FTTTx Procedure – costs – application for costs out of time – whether discretion to entertain an application should be exercised – Rule 5 (3) (a) Tribunal Rules 2009 – whether direction should be made to apply Rule 29 of the VAT Tribunal Rules 1986 – Atlantic Electronics considered – alternatively whether order for costs … Continue reading Eastenders Cash and Carry Plc v Revenue and Customs: FTTTx 27 Mar 2012
COSTS – case under Rule 29 VAT Tribunal Rules 1986 – HMRC applied for costs after appeal dismissed – parties’ reasonable expectations – whether Sheldon statement applied – no – costs awarded on standard basis Citations: [2014] UKFTT 326 (TC) Links: Bailii Jurisdiction: England and Wales VAT, Costs Updated: 04 October 2022; Ref: scu.525391
Excs Excise Duty – Appeal against Civil Penalty – Lack of prosecution – Decision under Rule. 26 VAT Tribunal Rules 1986 – Direction to Appellant to serve particulars of grounds of appeal Citations: [2005] UKVAT-Excise E00936 Links: Bailii Jurisdiction: England and Wales Customs and Excise Updated: 18 July 2022; Ref: scu.272012
Disclosure of documents – Rule 20(3) VAT Tribunal Rules 1986 – Application refused Citations: [2005] UKVAT V19293 Links: Bailii Jurisdiction: England and Wales VAT Updated: 15 July 2022; Ref: scu.238009
VDT Default Surcharge – Appeal against assessment failure to attend – VAT Tribunal Rules 1986 – Decision under Rule.26 – Direction to Appellant to serve particulars of grounds of appeal – Appeal dismissed. Citations: [2005] UKVAT V19402 Links: Bailii Jurisdiction: England and Wales VAT Updated: 04 July 2022; Ref: scu.238086
The applicant claimed that proceedings under which he had been accused of fraud in dishonestly evading VAT liability were in reality criminal proceedings and that the minimum standards of a fair trial applied. Held: The characterisation under the rules of such proceedings as civil was a starting point only. The fact that no sanction of … Continue reading Han and Yau t/a Murdishaw Supper Bar, and Others v Commissioners of Customs and Excise: CA 3 Jul 2001
References: [2005] UKVAT-Excise E00936 Links: Bailii Ratio: Excs Excise Duty – Appeal against Civil Penalty – Lack of prosecution – Decision under Rule. 26 VAT Tribunal Rules 1986 – Direction to Appellant to serve particulars of grounds of appeal Last Update: 30-Jul-16 Ref: 272012
FTTTTx VAT – COSTS – transitional appeals being current proceedings under Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (SI 2009/56) – application by taxpayers for substitution of Value Added Tax Tribunals Rules 1986 (SI 1986/590) for Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (SI 2009/273) – application made after conclusion … Continue reading Hillcraft Trading Ltd and Another v Revenue and Customs: FTTTx 3 Dec 2012
FTTTx COSTS – transitional appeal – application to disapply the 2009 Tribunal Rules and to apply the 1986 VAT and Duties Tribunal Rules – HMRC v Atlantic Electronics Limited considered – application refused – application for costs pursuant to rule 10(1)(b) of the 2009 Tribunal Rules on the basis of unreasonable conduct – application refused … Continue reading AK Optical Ltd (T/A Eyecare) v Revenue and Customs: FTTTx 3 May 2012
The applicant, a student had overstayed his leave. Through his solicitor’s negligence, he lost his appeal against deportation. He sought judicial review of that decision. Held: Judgment obtained in a party’s absence due entirely to the fault of that party or his advisor was not one obtained in breach of the rules of natural justice … Continue reading Al-Mehdawi v Secretary of State for the Home Department: HL 23 Nov 1989
UTTC Procedure – Transfer of functions of VAT Tribunal to First-tier Tribunal. Procedure – Discretion to apply 1986 Rules in place of 2009 Rules-whether to apply Rule 26(4) of 1986 Rules. Procedure – Application to set aside dismissal of VAT appeals after failure of prior application not attended by the applicant. Citations: [2010] UKUT 176 … Continue reading Atec Associates Ltd v HMRC: UTTC 27 May 2010
The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . Convention . . requires a court, which is being asked to … Continue reading Manchester City Council v Pinnock: SC 9 Feb 2011
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013
ASSESSMENT – Bank statements reflected greater income than shown on returns – No explanation and no sales figures produced – Whether best judgment COSTS – Previous hearing order made that Appellant pay – Respondents had applied for hearing in absence Appellant under Rule 26(1) Tribunal Rules 1986 – Statement of Case did not reflect true … Continue reading Harris v The Commissioners of Customs and Excise: VDT 7 May 2003
VDT Reasonable excuse appeal Citations: [2008] UKVAT V20850 Links: Bailii Statutes: Value Added Tax Tribunals Rules 1986 VAT Updated: 23 July 2022; Ref: scu.301853
reasonable excuse appeal Citations: [2008] UKVAT V20830 Links: Bailii Statutes: Value Added Tax Tribunals Rules 1986 2 VAT Updated: 23 July 2022; Ref: scu.301823
VDT VALUE ADDED TAX – Direction to pay costs to the successful party (the Appellant) – rule 29(1) of the VAT Tribunals Rules 1986 – whether costs should be awarded on the standard basis or alternatively on the indemnity basis – CPR rule 44.4 applied by analogy – in the light of their conduct of … Continue reading The Funding Corporation Ltd v Revenue Customs: VDT 4 Apr 2006
EXCISE – Restoration – Application by Customs to dismiss appeal as abuse of process – Deemed forfeiture of 5000 cigarettes – Appellant claiming cigarettes for own use – Notice 12A (October 2002) – Appellant sent Letters A and B both appealing against seizure and requesting restoration – Customs’ letter stating restoration could not be considered … Continue reading Smith v Revenue and Customs: Excs 12 Jul 2005
PROCEDURE – hearing in public or private – VAT Tribunals Rules 1986 r 24(1) – assessment to recover allegedly over-claimed input tax – VATA 1994 ss 25, 26, VAT Regs 1995, reg 29, Sixth Directive art 18 – Human Rights Convention arts 6 and 8 – appellant a sole practitioner solicitor – application for hearing … Continue reading A Practitioner v Customs and Excise: VDT 12 Dec 2003
Appeal against a decision of the Respondents with respect to surcharge assessments in the sums of andpound;3105.61, andpound;2218.89 and andpound;658.87 and being a reasonable excuse appeal as defined by rule 2 of the Value Added Tax Tribunals Rules 1986. Held: Dismissed as to two appeals but allowed as to the third. Citations: [2008] UKVAT V20556 … Continue reading Pegasus Communications (UK) Ltd v Revenue and Customs: VDT 28 Jan 2008
An industrial tribunal hearing conducted behind the locked doors of the chairman’s office was not held in public, even if, in fact, no member of the public was prevented from attending. The obligation to sit in public was fundamental, and the tribunal had no jurisdiction to conduct itself in this way. The industrial tribunal system … Continue reading Storer v British Gas plc: CA 25 Feb 2000
VDT PROCEDURE – Application to set decision aside – Failure to appear at the hearing – Appellant failed to appear at hearing when appeal was determined against him – Appellant applied to have decision set aside – Whether just to do so – Value Added Tax Tribunals Rules 1986 r. 26(3) Citations: [2006] UKVAT V19722 … Continue reading Prebble C and Prebble H (Trading In Partnership) v Revenue and Customs: VDT 18 Aug 2006
The tribunal heard an appeal against a surcharge assessment, the taxpayer claiming a reasonable excuse. Citations: [2006] UKVAT V19736 Links: Bailii Statutes: Value Added Tax Tribunals Rules 1986 2 VAT Updated: 07 July 2022; Ref: scu.244766
VDT INPUT TAX – Whether there was genuine trade in platinum alloy – Whether Appellant knowingly involved in sham transactions – Hitch and Others v Stone (Inspector of Taxes) [2001] STC 214 considered PROCEDURE – Whether statement of case adequately pleaded – Tribunal’s jurisdiction to strike out – Rules 19(4) and 27(4) VAT Tribunals Rules … Continue reading Plasma Trading Ltd v Revenue and Customs: VDT 14 Mar 2006
Reasonable excuse appeal as defined by rule 2 of the Value Added Tax Tribunals Rules 1986 Citations: [2006] UKVAT V19459 Links: Bailii VAT Updated: 05 July 2022; Ref: scu.238987
VDT VALUE ADDED TAX – Direction to pay costs to the successful party (the Appellant) – rule 29(1) of the VAT Tribunals Rules 1986 – whether costs should be awarded on the standard basis or alternatively on the indemnity basis – CPR rule 44.4 applied by analogy – in the light of their conduct of … Continue reading Harrods (UK) Ltd v Revenue and Customs: VDT 1 Nov 2005
Prisoners were disciplined after refusing to be squat searched, saying that the procedure was humiliating and that there were no reasonable grounds to suspect them of any offence against prison discipline. The officer who had been involved in ordering the search was the one later who decided on their complaint that it was unlawful. Held: … Continue reading Al-Hasan, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005
Appeal against a decision of the Respondents with respect to a Default Surcharge being a reasonable excuse appeal. Citations: [2005] UKVAT V19128 Links: Bailii Statutes: Value Added Tax Tribunals Rules 1986 2 VAT Updated: 03 July 2022; Ref: scu.229595
Three appeals raised issues about the way in which sex discrimination laws were to be applied for cases involving sexual orientation. Held: The court should start by asking what gave rise to the act complained of. In this case it was the sexual orientation of the first claimant. Discrimination for sexual orientation does not come … Continue reading MacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School: HL 19 Jun 2003
Appeal against a decision of the Respondents with respect to a Default Surcharge being a reasonable excuse appeal as defined by rule 2 of the Value Added Tax Tribunals Rules 1986 as amended. Judges: Palmer TJ Citations: [2004] UKVAT V18691 Links: Bailii Statutes: Value Added Tax Tribunals Rules 1986 82 VAT Updated: 11 June 2022; … Continue reading Sentinal Lifts Ltd v Customs and Excise: VDT 9 Jul 2004
VDT Assessment under s73(1) VATA – No appearance by the Appellant or representative at the hearing – Appeal considered in the absence of the Appellant – Appeal dismissed for want of prosecution – Rule 18(2) VAT Tribunals Rules 1986 applied. Citations: [2004] UKVAT V18593 Links: Bailii VAT Updated: 11 June 2022; Ref: scu.199116
The company went into insolvent liquidation. The secretary of state was to make payments to employees and there were other state preferential creditors. At the same time a refund of VAT was due from the Commissioners of customs and Excise. Held: The sums paid out and preferential debts could be set off against the VAT … Continue reading Secretary of State for Trade and Industry v Frid: HL 13 May 2004
The applicant was a senior officer seconded to the National Crime Squad. He complained that his secondment had been terminated in a manner which was unfair, and left him tainted without opportunity to reply. He appealed against rejection of his request for judicial review. Held: The appeal failed. Operational matters within the police service, save … Continue reading Regina (Tucker) v Director General of the National Crime Squad: CA 17 Jan 2003
The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed. Held: The Court of Appeal looked to see whether there had been an error of law in the employment tribunal decision. It did not look to see whether the Employment Appeal Tribunal had erred … Continue reading Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers. Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004
PRACTICE – Joint hearing – Application for appeals by separate appellants to be heard together – Carousels alleged – Separate facts – Powers of Tribunal under Rule 19(3) – Whether ‘necessary or expedient to ensure the speedy and just determination of the appeal’ – Held, not necessary for ‘just determination’ nor to ensure speed – … Continue reading RP Ltd and others v Customs and Excise: VDT 11 Aug 2004
The claimant was a serving a life sentence. During prison disciplinary proceedings he was refused legal and other assistance, and an outside tribunal on the basis that since any finding would not lead to any loss of remission or extra time, his rights to a fairtrial were not engaged. Held: The prisoner’s appeal was dismissed. … Continue reading Tangney v The Governor of HMP Elmley and Another: CA 29 Jul 2005
The employee was a whistleblower, but her manager in response bullied her and dismissed her on the grounds of alleged poor performance. J suffered stress and was away from work and unable to defend herself. The decision maker, acting honestly dismissed her. The Court of Appeal allowed the appeal holding that that a tribunal required … Continue reading Royal Mail Group Ltd v Jhuti: SC 27 Nov 2019
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
VAT – application to strike out appeal – No decision reached against which an appeal could be lodged – Rule 18(1)(a) Value Added Tax Tribunals Rules 1986 – application allowed and appeal struck out Citations: [2006] UKVAT V19874 Links: Bailii Jurisdiction: England and Wales VAT Updated: 12 April 2022; Ref: scu.246191
Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
Separated parents shared the care of their child. The father complained that all the Child Tax Credit was given to the mother. Held: The appeal failed. Although the rule does happen to be indirectly discriminatory against fathers, the complaint would be exactly the same if it did not discriminate between the sexes. Mothers who share … Continue reading Humphreys v Revenue and Customs: SC 16 May 2012
VAT – shooting rights – whether Appellant making supply of shooting rights in course or furtherance of a business carried on by him – nature of supplies made by Appellant – shoot operated by syndicate of members, not Appellant – Appellant supplying administration and management services to syndicate – even if Appellant making supply of … Continue reading Harrison v Revenue and Customs: FTTTx 23 May 2011
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
Costs – application by appellants for indemnity costs – rule 29, VAT Tribunals Rules 1986 to apply – whether conduct of HMRC out of the norm or unreasonable to a high degree [2011] UKFTT 64 (TC) Bailii England and Wales Costs Updated: 21 January 2022; Ref: scu.442792
FTTTx VAT – cashback subject to conditions relating to taking out and maintaining a specified loan – whether cashback a discount or rebate of price for home improvement supplies – whether taxable amount for those supplies reduced – art 11(C)(1), Sixth Directive Procedure – costs – ‘current proceedings’ – Transfer of Tribunal Functions and Revenue … Continue reading Everest Ltd v Revenue and Customs: FTTTx 1 Dec 2010
Balancing Rights of Prisoner and Society The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him. Held: The appeal failed (by a majority). The … Continue reading Roberts v Parole Board: HL 7 Jul 2005
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
Disapplication of Without Prejudice Rules The House was asked whether a letter sent during without prejudice negotiations which acknowledged a debt was admissible to restart the limitation period. An advice centre, acting for the borrower had written, in answer to a claim by the lender for the sum still due after the sale of the … Continue reading Bradford and Bingley Plc v Rashid: HL 12 Jul 2006
Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence establishments in Germany; under the NATO Status of Forces Agreement of 1951 … Continue reading Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006
The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal immigrant. Held: The term ‘illegal immigrant’ included anyone entering unlawfully. … Continue reading Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983
The appellants challenged decisions of the VAT and Duties Tribunal after seizure of their goods, and in particular whether the cases had been criminal or civil cases and following Roth, whether the respondent’s policy had been lawful and proportionate. Held: The present procedure does not involve the criminal courts and the absence of any criminal … Continue reading Gora and others v Commissioners of Customs and Excise and others: CA 11 Apr 2003
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
The administrators gave employees of the company notice of termination of their employment. Then administrators refused consent under para 43(6) to actions against the company in the Northern Ireland Industrial Tribunal for protective awards, unfair dismissal, breach of contract and otherwise. The claims were issued anyway, and the administrators argued that they were a nullity, … Continue reading McCartney and Unite The Union and Another v Nortel Networks UK Ltd (In Administration): ChD 22 Apr 2010
The claimant was a former Kenyan minister. He had been visiting the UK for medical treatment. His visas were cancelled on the basis that his presence was not conducive to the public good. Public Interest Immunity certificates had been issued to prevent his seeing some the evidence on which the orders had been made. A … Continue reading Murungaru v Secretary of State for the Home Department and others: CA 12 Sep 2008
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003
New CPR govern Indemnity Costs awards The defendant had successfully defended the main claim and now appealed against the refusal of an order for costs on an indemnity basis even though judge thought that the claimants had behaved unreasonably. He had said that some conduct deserving of moral condemnation was required. The defendant had made … Continue reading Reid Minty (a firm) v Taylor: CA 2002
Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, but equally refused to award the defendant her costs. She now appealed against the refusal to … Continue reading Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another: CA 4 Feb 2010
The claimant appealed against refusal of his challenge to the new constitutional law for Sark, and sought a declaration of incompatibility under the 1998 Act. He said that by restricting the people who could stand for election, a free democracy had been denied to them, and that the constitution did not achieve a sufficient separation … Continue reading Barclay and Others, Regina (on the Application of) v Secretary of State for Justice and others: CA 2 Dec 2008
Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990
Costs of Wrongly Appointed Receiver ‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of … Continue reading Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s allowance payable to those under 25. Held: (Lord Carswell dissented in part.) The claims failed. The … Continue reading Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005
The applicant sought judicial review of the defendant’s refusal to employ him to work at GCHQ, which had a policy not to employ anyone with non-British parents save exceptionally. The claimant said this was racially discriminatory.
Held: The . .
The claimant having failed in his claim for unfair dismissal, wanted to claim against the tribunal and appeal tribunal alleging a conspiracy against him. The hearing had been heard in private to which he had objected. He wanted to go straight to the . .
The degree to which an appellate court will be willing to substitute its own judgment for that of the tribunal will vary with the nature of the question. Hoffmann LJ said: ‘The concept of limited liability and the sophistication of our corporate law . .
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