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    • I unexpectedly had a couple of hours free this afternoon and thought I would have a bash at helping simeon drafting his counterclaim.  Everybody please feel free to comment on and - hopefully improve it!  (In particular I am not sure if I've got the terminology correct vis a vis counterclaimant and defendant - so that may need correcting).   I am aware that Andyorch and BankFodder often stress the importance of keeping POCs to the bare minimum so as not to give away your case too much.  Whether I've given too much detail - or not enough - here, I don't know.  As I say, it's free to be pulled apart, but simeon seems to have nothing else.   Paras 1 - 16 (in black typeface) are simply a precis based on what has gone before and I've used them to put the counterclaim in context. Paras 17 - 19 (in red typeface) are simply my attempt to provide a basis for simeon's counterclaim.   At the end of the day this is simeon's documant - nobody else's.  simeon has to satisfy himself that it is both accurate and true, and also says what he wants it to say.  He will also have to order and sort out any attachments.  As I said earlier, I'm NOT giving legal advice!   Here goes... ===================================================================================================== Counterclaim   1.      The defendant agreed to undertake building work (Project 1) at the counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously removed chimney breast and, c. To install a new beam to the patio door.     2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the counterclaimant and that the defendant’s work would be as a result of instructions received following the structural engineer's assessment of the property.   3.      Between June and July in 2020 the counterclaimant provided the defendant with a full copy of the structural engineer's report which detailed instructions to the defendant for the works to be carried out.   4.      It was agreed between the parties that the works would commence on 13 August 2020.     5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. The first payment would be made at the start of the defendant's work. The second payment would be paid at the halfway point of the defendant's work. The final payment would be made on completion of the total works.   6.      The defendant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the defendant asked the counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The defendant also stated that Project 1 was approaching mid-way and the counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the defendant’s work but the defendant was absent.  The inspector was obviously very displeased by the standard of the defendant's work.  The inspector spoke to the defendant by telephone, asking him why he was absent and interrogating him about the work he had done.  The inspector then gave him some instructions over the telephone and also left a list of instructions with the counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the counterclaimant’s structural engineer with his findings and the counterclaimant should hear from the engineer soon.   9.      The counterclaimant passed on the Building Inspector’s instructions to the defendant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The defendant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the counterclaimant to do the necessary work and this company was engaged by the counterclaimant to complete the necessary piling at an additional cost to the counterclaimant of £3300. (See receipt at Attachment1).     11.  The defendant asked if the counterclaimant needed any more work to be done and, despite the problems encountered on Project1, the counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.     12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the counterclaimant had occasion to make several complaints to the defendant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the defendant demanded payment for that work.  After a period of negotiation the counterclaimant agreed to pay him £2000 on 18 August 2020.    14.  The counterclaimant subsequently paid the defendant  £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.     15.  It later came to the counterclaimant’s attention that the defendant had removed material (including a steel beam) from the counterclaimant’s property that the counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When challenged the defendant admitted he had done this.  The counterclaimant has included the value of this material in his counterclaim detailed below.   16.    On 21 September 2020 the counterclaimant highlighted and sent a snagging list to the defendant (Attachment 2).  Over a month later the defendant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Attachment 3).  All of this snagging work remains undone by the defendant.     17.  Apart from the outstanding snagging work referred to in para 16 above, the defendant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at Attachment 4.   18.  During the course of carrying out work on Projects 1 and 2 the defendant also negligently caused substantial damage to the counterclaimant’s property (as itemised in Attachment 5) by not executing the work with the skill expected of a reasonable tradesman.   19.  The counterclaimant seeks an order from the court directing the defendant to pay to the counterclaimant the sum of £nnnnnnn {Simeon - put in the actual total amount here} in respect of:   (a)   the cost of the piling referred to in para 10 above which the defendant could not undertake and another contractor had to be paid to complete; (b)   the cost of completing work the defendant had left undone from Projects 1 and 2; (c)   the cost of remedial work to put right the damage negligently caused by the defendant and referred to in para 18 above; and (d)    the cost of the steel beam referred to in para 15 above.   A receipt in respect of item (a) - see Attachment 1 - and two priced quotes in respect of items (b) and (c) - see Attachments 6 and 7 - are attached in support of this counterclaim.     =================================================================================================================   What I'm not entirely clear about are two points.   First, it's not 100% clear to me whether simeon can properly claim the £3300 in paras 10 and 19(a) or not.  What I mean is, simeon is arguing that this work required by his structural engineer was always within the agreed scope of Project 1.  But it's not clear to me if it was within scope or whether it was entirely new and unforeseen work.  As I see it simeon can only counterclaim this amount from the builder if it had already been incuded in Project 1.   Second, the basis of the counterclaim still seems extraordinarily thin to me.  Is it sufficient at this stage just to allege that the builder caused any damage negligently and is therefore liable to pay to put it right.   That's it from me I think...    
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Mutating Corona Virus


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I wonder if this variant is anything to do with the low vaccine rate in southern Africa, leading to more mutation of the virus than in Europe.

 

I think the manufacturers should have released the formulation of their vaccines so that poorer countries could make their own, rather than waiting until rich countries had vaccines to spare.

Illegitimi non carborundum

 

 

 

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(Almost) absolutely (to your first point) HB, and partial agreement with your second point.

 

It isn’t now low vaccination rate though, it is low vaccination rate in the immunocompromised (and the whole host of other pressures that come with sociopath-economic challenges in the developing world) .

Virus mutation is expected for the coronaviridae. Add to that prolonged replication / shedding in the immunocompromised, increased risk of transmission in those environments (poorer housing / access to healthcare / lower vaccination rates / inability to self-isolate when unwell), and emergence of variants can be expected.

(If you are in a marginalised group and living hand to mouth at best, when unwell you can’t self-isolate / stop doing whatever gives you some income, let alone arrange for food deliveries ……)

 

vaccines? Production in the developing world needed, as well as vaccines from the developed world. At what point should the focus switch from “vaccinate our population at most risk” to “vaccinate the developing world’s population at most risk” to protect OUR population (from the emergence of new variants that have greater escape from current vaccine).

 

Whilst travel bans appeal to those who want to blame “Johnny Foreigner”:

a) Omicron is already here.

b) “Punishing” South Africa (or anywhere with a robust sequencing / surveillance system!) is counter-productive.

We don’t seem to learn the lessons of history (1918 H1N1 ‘Spanish Flu’ didn’t originate in Spain ……)

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UK.YAHOO.COM

Prime Minister Boris Johnson addressed the nation on Saturday.

 

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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I am due my booster vaccination  and have been looking to book, for the last week or so. But when I try to book, the venues show no time slots available or no vaccines available. And now the NHS are prioritising 1st & 2nd doses and boosters to those with health conditions that mean they are at higher risk, which makes perfect sense.

 

Is there a shortage of vaccine supplies or are the NHS wanting the vaccine delivery centres to concentrate on those most at risk ? 

 

 

We could do with some help from you.

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It really is mixed messaging UB.  I can't get a booked appointment and when I look to walk-in centres every one flags up not doing boosters.  There does seem to be a real PR job going to blame the public for not getting a third jab while making it very difficult in the real world.

 

I'm not overly worried as I've been tracking my antibody levels and although they did drop significantly at around the 3-4 month mark they have plateaued nicely since then.

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Well, this clarifies the new strain infections getting into the UK

 

WWW.INDEPENDENT.CO.UK

Health Secretary Sajid Javid has admitted that passengers arriving from South Africa on Friday were not tested for Covid-19 despite fears they...

 

 

Seems they came in, crossed the country and then found to be infected when they got symptoms?

 

Seems the UK hasn't learned from all the people they let in before without tests

 

"Javid said these passengers would have got home from the airport “in the normal way”, when appearing on BBC’s Andrew Marr Show.

The news comes after a single flight from South Africa into the Netherlands showed that a staggering 10 per cent of passengers tested positive for Covid."

Edited by tobyjugg2
  • Sad 1

 "Moral emptiness and epidemiological stupidity”

"unrepentant and inveterate liar" “tinpot dictator” “mired in sleaze”

Boris Johnson Mendex est

“as he waded through the empty bottles and platters of sandwiches, he didn’t realise it was a party”

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

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40 minutes ago, tobyjugg2 said:

The news comes after a single flight from South Africa into the Netherlands showed that a staggering 10 per cent of passengers tested positive for Covid."

I've seen a figure of 61 passengers from two flights.  These were/are presumably symptom free or as good as.  So far I've seen headache and overwhelming fatigue as the main symptoms (among the vaccinated) of the new variant  - more or less what you'd expect from jet lag.

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add to all this that apparently one person has 'visited London' and apparently left for somewhere else ...

 

Comparing Johnson the corrupt incompetent liars regime to Muppets is being unkind to muppets

 "Moral emptiness and epidemiological stupidity”

"unrepentant and inveterate liar" “tinpot dictator” “mired in sleaze”

Boris Johnson Mendex est

“as he waded through the empty bottles and platters of sandwiches, he didn’t realise it was a party”

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

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UK.YAHOO.COM

A third person infected with the Omicron coronavirus variant has been identified in the UK, health officials have said. The UK Health Security...

 

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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The Citizens and Byline Times are investigating government contracts for private firms, transparency, etc.

 

KEEPINGTHERECEIPTS.SUBSTACK.COM

We spoke to Good Law Project founder Jolyon Maugham QC about Covid contracts, corruption and why things will get worse before they get better

 

Illegitimi non carborundum

 

 

 

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UK.YAHOO.COM

Six cases of the Omicron coronavirus variant have been found in Scotland, authorities have confirmed. Four cases are in the Lanarkshire area and two...

 

UK.YAHOO.COM

Britons who refuse to wear a face mask could will face fines of £200 as the Government tightens Covid restrictions to contain the Omicron variant...

 

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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I agree, HT, help poorer countries. I read earlier that Botswana ordered Moderna doses and paid over the odds for them, but delivery is being held up because richer countries are being prioritised.

 

But as I said the other day, companies like Pfizer could do more by licensing developing country companies to make their own vaccines.

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Illegitimi non carborundum

 

 

 

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2 hours ago, hightail said:

So here we go again with another variant, proof that we're none of us safe until we all are.  Have to wonder if a push for boosters among rich nations is what the world really needs.

 

It is what the rich nations need, but the rich nations ALSO need to get the rest of the world inoculated.

There is no need for it to be one OR the other - quite the opposite (other than profit)

Edited by tobyjugg2

 "Moral emptiness and epidemiological stupidity”

"unrepentant and inveterate liar" “tinpot dictator” “mired in sleaze”

Boris Johnson Mendex est

“as he waded through the empty bottles and platters of sandwiches, he didn’t realise it was a party”

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

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and you can be certain the ONLY reasons we aren't seeing more cases reported in England is:

 

* They aren't looking

(evidenced by the infected arrivals traveling across the country - unlike with other nations)

 

* Immensia and other VIPals incompetence in their 'labs' and processing

(as reported - yet they are still profiting)

 

* probably suppression of any reporting of infections thats occurring ... where they can

(just like the Johnson variant spreading for 2 months unannounced before last Christmas)

 "Moral emptiness and epidemiological stupidity”

"unrepentant and inveterate liar" “tinpot dictator” “mired in sleaze”

Boris Johnson Mendex est

“as he waded through the empty bottles and platters of sandwiches, he didn’t realise it was a party”

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

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SCIENCE.THEWIRE.IN

The omicron variant is not a descendant of any of the existing VOCs; instead, it appears to have descended directly from the ‘original’ strain.

 

 

ABCNEWS.GO.COM

COVID-19 booster shots are an extra dose of the original vaccine, and some experts wonder why they weren't updated to better match the delta variant

 

WWW.THEGUARDIAN.COM

Drugmakers are looking at ways to improve their vaccines so they are ready for mutations of the virus

 

 "Moral emptiness and epidemiological stupidity”

"unrepentant and inveterate liar" “tinpot dictator” “mired in sleaze”

Boris Johnson Mendex est

“as he waded through the empty bottles and platters of sandwiches, he didn’t realise it was a party”

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

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I was somewhat concerned that my booster wasn't tweaked to the delta variant, but Omicron isnt a delta descendant

Still pleased to be getting an mRNA vaccine booster

 "Moral emptiness and epidemiological stupidity”

"unrepentant and inveterate liar" “tinpot dictator” “mired in sleaze”

Boris Johnson Mendex est

“as he waded through the empty bottles and platters of sandwiches, he didn’t realise it was a party”

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

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I see Javid is saying that boosters for all is now the option

 

Hows that then when they couldn't meet the prior demand? (as also evidenced by members here)

 "Moral emptiness and epidemiological stupidity”

"unrepentant and inveterate liar" “tinpot dictator” “mired in sleaze”

Boris Johnson Mendex est

“as he waded through the empty bottles and platters of sandwiches, he didn’t realise it was a party”

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

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8 COVID hotspots as UK urges boosters for all adults to battle Omicron

Jimmy Nsubuga

Mon, 29 November 2021, 5:21 pm

Health secretary Sajid Javid insisted the booster programme is the main form of defence from the variant. (Getty)

Some eight local authorities in the UK are currently recording a weekly rate of new COVID cases higher than 750 infections per 100,000 people.

It comes as the UK battles to keep the Omicron variant under control, with the government announcing on Monday that all people aged 18 and over will be offered a COVID-19 booster vaccine.

Across the UK as a whole, a further 42,583 cases of coronavirus were reported in the most recent 24 hours.

Another 35 people were confirmed to have died, which now puts the official COVID death toll at 144,810.

Many of the worst-hit areas for infections are in the South West, with the highest current rate in Torridge, Devon, with a seven-day rolling case rate of 1,081.2 new cases per 100,000 people.

The UK’s seven-day rolling rate of infections is up 3.7% compared to this time last week.

These are the UK's eight COVID hotspots, and their weekly COVID case rates

Torridge: 1,081.2 cases per 100,000 people

North Devon: 895.4 cases per 100,000 people

Mid Sussex: 889.3 cases per 100,000 people

Gwynedd: 858 cases per 100,000 people

Elmbridge: 848.3 cases per 100,000 people

Guildford: 820.1 cases per 100,000 people

Wycombe: 782.1 cases per 100,000 people

Tandridge: 762.4 cases per 100,000 people

The map below show's the UK's rate of new COVID cases by local authority area. The higher the case rate, the darker the colour.

Map showing COVID hotspots in the UK

Speaking in parliament on Monday, health secretary Sajid Javid failed to rule out any future lockdown when urged to do so by Tory MP Richard Drax.

Instead he insisted that "putting the booster programme on steroids” is the country's main form of defence.

Deputy chief medical officer Professor Jonathan Van-Tam said the booster campaign was “as urgent as it could possibly be” – but added people should not panic over the new variant.

Read more:

WHO names Omicron variant identified in South Africa

New coronavirus variant is 'not doomsday', leading UK scientist says

Urgent hunt for COVID cases linked to KFC restaurant and school in Essex

He told a Downing Street press conference: “I want to be clear this is not all doom and gloom at this stage and I do not want people to panic at this stage.

“If vaccine effectiveness is reduced, as seems pretty likely to some extent.

“The biggest effects are likely to be in preventing infections and hopefully there will be smaller effects on preventing severe disease."

However, it could be three more weeks before further details emerge from scientists on how transmissible the variant is, whether it evades vaccine protection, and whether it causes more severe disease.

All people aged 18 and over will be offered a COVID-19 booster. (Getty)

The UK Health Security Agency (UKHSA) identified two further cases of the Omicron variant in England on Monday, bringing the total to five.

The individuals who tested positive are not connected and are not linked to the previously confirmed cases.

One case is located in Camden, London, and the other case is located in Wandsworth, London. Both have travel links to southern Africa.

The Joint Committee on Vaccination and Immunisation (JCVI) also advised that young people aged 12 to 15 should be offered a second dose of the Pfizer/BioNTech COVID-19 vaccine, no sooner than 12 weeks after their first dose.

Further advice said that severely immunosuppressed people should be offered a booster dose no sooner than three months after completing their primary course of three doses.

The JCVI said that both the Moderna and Pfizer/BioNTech vaccines can be given as a booster for adults – with equal preference given to both.

Watch: Booster programme 'has never been more vital', says Van-Tam

 

0:05

 

2:10

   

Booster programme 'has never been more vital', says Van-Tam

Edited by snowdragon
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R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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13 hours ago, tobyjugg2 said:

I see Javid is saying that boosters for all is now the option

 

Hows that then when they couldn't meet the prior demand? (as also evidenced by members here)

 

Ah : As usual - Johnson and co just blathers at the last minute and expects others to deliver when already run into the ground:

 

 

 

WWW.INDEPENDENT.CO.UK

‘NHS can’t do it alone’ says chief executive

 

 "Moral emptiness and epidemiological stupidity”

"unrepentant and inveterate liar" “tinpot dictator” “mired in sleaze”

Boris Johnson Mendex est

“as he waded through the empty bottles and platters of sandwiches, he didn’t realise it was a party”

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

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A number of issues IMO HB, and I have people I know, double vaccinated (mostly, but not exclusively AZ recipiants) testing positive in the last week via LFT and then PCR,  although we dont know what variant. The effects are varied, some unpleasant, but none life threatening.

 

on the one side, I think (as i already stated) that all those who have had the AZ vaccine more than 4 months ago will benefit significantly from an mRNA booster.

 

BUT That its just been opened up - with no resourcing and lack of management and planning, and with a number of sites apparently implementing a first come first served basis (as some did before) is utterly Bonkers

- Queuing for a preventative vaccine - when many who have a far more defined need are still struggling to get an appointment - is both stupid and potentially dangerous.

 

I booked my jab almost a month ago and go this week - and have rung up today to ensure the site isnt operating a 'just turn up' policy to ensure I wont again be stuck in a queue with hundreds of people i dont know waiting an hour and a half plus for my booked jab.

 

Typical Johnson chaos.

I doubt even Farage would have made a worse job of all this - although I'm not certain on that.

Edited by tobyjugg2

 "Moral emptiness and epidemiological stupidity”

"unrepentant and inveterate liar" “tinpot dictator” “mired in sleaze”

Boris Johnson Mendex est

“as he waded through the empty bottles and platters of sandwiches, he didn’t realise it was a party”

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

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