Tag: 广州阡陌验证收录

Professional regulation

Professional regulation

first_img The second defendant company, the Institute of Legal Executives (ILEX), was a professional body which represented about 22,000 practising legal executives and trainees. It was a company limited by guarantee, governed by elected representatives known as the council. The council was presided over by a president and vice-president. At the time of the instant proceedings, the vice-president was G, who was a member of the first defendant ILEX appeal tribunal (IAT). On or about 1 October 2008, ILEX formed a subsidiary company, IPSL, to deal with its professional regulation responsibilities. IPSL was a company limited by shares and was subject to the exercise of the control, management and supervision of ILEX as its sole shareholder. The memorandum of association (MOA) of IPSL stated that its objects were to carry out, on behalf of ILEX, the functions and responsibilities of ILEX as an approved regulator designated as such by the Legal Services Act 2007. Its other objects were stated to be: to carry out, on behalf of ILEX, such functions and responsibilities of ILEX as a regulator of its membership generally, as ILEX might from time to time delegate to IPSL. That reflected the powers in ILEX’s own MOA. The intention of forming IPSL was to put the investigatory and prosecutorial arms of regulation in a body separate from ILEX. The claimant was a registered student member of ILEX who took certain law and practice examinations in May 2007. The applicable rules prevented, inter alia, taking any course materials into the examinations. Similarities were subsequently revealed between the scripts of certain candidates and the ILEX course materials. Following further investigation and a decision by the investigation committee, the claimant and five others were charged with various disciplinary offences. It was alleged that they had engaged in conduct unbefitting of ILEX, in that the claimant, either alone or with others, had cheated in two examinations. The allegation was in effect that she had to have had access to course manuals in two examinations. The claimant denied the allegations. The charges against the claimant were brought before the ILEX disciplinary tribunal (DT), which was comprised of three members, two of whom were lay members, with the third being a serving ILEX council member (H). The DT dismissed one charge against her but found the other charge proved. It ordered that the claimant should be excluded from ILEX for a minimum period of five years and she was ordered to pay costs of £1,700. The IAT heard the claimant’s appeal against that decision. The IAT comprised three members, two of whom were lay members, the third being G. The IAT rejected the claimant’s appeal. The claimant’s judicial review application rested on the doctrine of apparent bias on the basis that both the DT and the IAT had contained a serving ILEX council member (G and H) and two lay members. The claimant’s challenge was directed at the integrity of the process and the essential argument was that council members were put in a situation where a conflict of interest might arise because they owed ILEX a fiduciary duty to support its cause. The trial judge dismissed the application finding that the creation of IPSL was a sufficient guarantee of fair regulation (see [2010] All ER (D) 253 (Nov)). The obligation on ILEX members to procure compliance with professional standards did not give rise to any material interest or to an appearance of bias, for it did not require the adoption of unfair procedures. The claimant appealed. The short issue on the appeal was whether the presence of H and G on the IAT was in breach of the doctrines that: no one could be a judge in his own cause (the doctrine of automatic disqualification); and second, of apparent bias, thereby requiring those decisions to be quashed. The claimant submitted that council members and thus directors, and a fortiori, the vice-president of ILEX were disqualified from sitting on either the DT or the IAT which had heard the claimant’s disciplinary proceedings, whether under the doctrine of automatic disqualification or under the doctrine of apparent bias. Each director of ILEX had an interest and a duty to promote and ensure compliance with professional standards by prosecuting breaches. The formation of IPSL was not a sufficient insulation, for all that was done by IPSL was done as ILEX’s agent and in its name. That had been recognised by the January 2010 change in the rules, which barred council members from sitting on ILEX tribunals. Alternatively, it was submitted by the claimant, that the fair-minded and informed observer would consider that there was a real possibility that the tribunal was biased. The appeal would be allowed. In the instant case, it was not necessary to choose between the two doctrines in question. Applying either test, G had been disqualified by her leading role in ILEX, and thus her inevitable interest in ILEX’s policy of disciplinary regulation, from sitting on a disciplinary or appeal tribunal. The fair-minded and informed observer ought to have and would have concluded that, in the instant case, there had been a real possibility of bias, or he or she would be concerned that there had been the appearance and perception and indeed reality that, through G, the IAT had not been free of an influence which could prevent the bringing of an objective judgment to bear. That same conclusion would embrace all council members and directors of ILEX. Members who were not elected to council and did not seek or achieve that status were simply not concerned, as council members were, with the governance of ILEX and with the achievement of its objects (see [46], [47] of the judgment). The orders of both the DT and the IAT would be quashed (see [53] of the judgment). Per curiam: ‘In these circumstances, it seems to me that by now it may be possible to see the two doctrines which remain in play in this appeal as two strands of a single over-arching requirement: that judges should not sit or should face recusal or disqualification where there is a real possibility on the objective appearances of things, assessed by the fair-minded and informed observer (a role which ultimately, when these matters are challenged, is performed by the court), that the tribunal could be biased. On that basis the two doctrines might be analytically reconciled by regarding the “automatic disqualification” test as dealing with cases where the personal interest of the judge concerned, if judged sufficient on the basis of appearances to raise the real possibility of preventing the judge bringing an objective judgment to bear, is deemed to raise a case of apparent bias…’ (see [45] of the judgment). Per curiam: ‘The promotion and achievement of effective self-regulation must be among the most important objects of any professional organisation which follows the route of such self-regulation. Although it goes without saying that no one concerned with the governance of such an organisation would for that reason desire any injustice, the doctrines with which we are here concerned are to guard against the insidious effects of which those concerned are not even conscious. It follows to my mind that, whatever the means by which regulation and representation are kept separate, as modern understandings require, that necessary insulation is over-leaped (or undermined, whatever the metaphor) if those principally concerned in governance are permitted to move from representative to regulatory functions as ex officio members of disciplinary or appeal tribunals. This is particularly the case in ILEX where the regulatory functions were performed on behalf of ILEX by its wholly owned subsidiary. Indeed, the fact that the president or vice-president were required by the rules to sit on appeal tribunals (and council members generally were required to sit on the disciplinary tribunals) to my mind demonstrates the interest that ILEX continued to take in the process of self-regulation, disciplinary matters, and the promotion of professional standards. Why else was this a requirement of the rules, if such senior members of ILEX’s current governance were not expected to bring their experience and views about regulation into the arena?’ (see [49] of the judgment). Decision of Foskett J [2010] All ER (D) 253 (Nov) reversed. Tribunal – Bias of tribunal inquiring into exclusion of student membercenter_img R (on the application of Kaur) v Institute of Legal Executives Appeal Tribunal and another: CA (Civ Div) (Lord Justices Rix, Sullivan, Lady Justice Black): 19 October 2011 Marc Beaumont (counsel instructed under the Bar Public Access scheme) for the claimant; Gregory Treverton-Jones QC and Kevin McCartney (instructed by Russell-Cooke) for the defendants.last_img read more

VIAVI Showcasing 5G and IoT Network Solutions at MWC Los Angeles

VIAVI Showcasing 5G and IoT Network Solutions at MWC Los Angeles

first_imgViavi Solutions is showcasing enhanced test instruments, automation and monitoring to enable customers to manage network complexity, meet performance targets and minimize cost at MWC Los Angeles from Oct 22 to 24.The mobile communications industry is in the midst of unprecedented transformation, with standards bodies still finalizing 5G core specifications while carriers are rolling out radio access networks around the globe. VIAVI has enabled leading network equipment manufacturers and service providers to validate 5G base stations in the lab and supported field technicians as they’ve installed and verified initial network deployments. Now we’re introducing the next level of solutions to help them grow their footprints, from single instruments to manage multiple generations of technology, to antenna alignment tools addressing the unique requirements of 5G and IoT.VIAVI is showcasing the following solutions at MWC Los Angeles:CellAdvisor 5GSince its introduction, the CellAdvisor 5G base station analyzer has been used by Tier-1 service providers around the globe to verify 5G NR functionality and performance in the field. Now, VIAVI has expanded the capabilities of this trusted solution to enable RF engineers and cell-site technicians to efficiently deploy and maintain 3G, 4G LTE, LTE-Advanced and 5G cell sites with a single instrument. Enhancements include LTE/LTE-A FDD and TDD signal analyzer functions; cable and antenna analyzer modules; and support for the VIAVI 4100 series of OTDR modules. The CellAdvisor 5G solution eliminates the need for field workforces to carry separate instruments to validate 5G, fiber, coaxial cables, and antennas.3Z IoA – IoT for AntennasAs 5G and IoT networks utilize a far broader range of frequency bands than previous generations and employ more sophisticated technologies such as small cells and massive MIMO beamforming, antenna alignment becomes vital to network performance. Minor obstructions can render cells unusable and can occur after antenna installation. 3Z Telecom has introduced IoA – IoT for Antennas, cloud-enabled remote monitoring of alignment sensors attached to antennas, detecting and reporting alignment changes in three dimensions – azimuth, down-tilt, and roll – in real time.RANtoCoreOne of the biggest challenges facing NEMs and service providers as they launch 5G is validating network performance against continually changing and maturing 3GPP specs, with services, core and RAN elements from different suppliers. The VIAVI RANtoCore portfolio provides end-to-end agnostic network testing, mitigating these challenges in the lab, and building confidence that 5G and 4G services can run concurrently. The TM500 Network Tester can emulate thousands of 5G and 4G UEs simultaneously, including low-complexity IoT devices and unmanned aerial vehicles (UAVs). TeraVM Core Test and TeraVM Core Emulator enable complete, end-to-end 5G NSA and SA base station and core network testing and validation, simplifying the development lifecycle of gNodeB (gNB) base stations and associated core nodes such as UPF for a more agile, 3GPP-compliant network, supporting the shift of core functionality to the network edge. TeraVM also offers 5G core testing at scale – emulating tens of thousands of 5G gNodeBs, over four million users with 200 Gbps throughput, all registered in under one minute.Fiber Test for 5G5G is not only driving more fiber to radios, but it is also driving a higher order of multiplexing on limited fiber links. Service providers will need to choose from a multitude of deployment options for 5G fronthaul, based on asset deployment cost, use cases, and technology – including dark fiber, passive WDM, WDM-PON or Time Sensitive Network (TSN) based Ethernet switching. VIAVI will showcase its leading portfolio of fiber inspection and test instruments, including the FiberChek Sidewinder and SmartClass Fiber MPOLx, which combine ease of use, speed of test and automation to improve field technician and contractor efficiency even as networks get more complex.These 5G-ready solutions from VIAVI will be on display at MWC Los Angeles from October 22-24, 2019. Attendees can also visit 3Z Telecom at Hall South Stand 1035. Click here to know more about MWC Los Angeles.last_img read more

Latest sluggish start on offense not concerning Auburn

Latest sluggish start on offense not concerning Auburn

first_imgAUBURN – With a far superior roster and one of the most potent rushing attacks in the country, Auburn was primed for an early runaway in its meeting with Samford.Or so everyone, including the Tigers, thought.Only Gus Malzahn’s Hurry-Up, No-Huddle offense wasn’t firing. It wasn’t even spinning its tires.Auburn went nowhere during the first quarter, gaining just 33 yards on 17 plays, with Cameron Artis-Payne accounting for 28 yards alone.The scoring drought finally ended after 79:02 on a 23-yard run by Quan Bray as Auburn rattled off 31 straight points in Saturday’s 31-7 win.Players admitted being out of contention for the College Football Playoff has taken its toll on the team.“I’d be a liar if I said that the high expectations and goals we had being diminished over the past couple of weeks, that that didn’t have an effect on us,” defensive tackle Gabe Wright said. “The fact that we’re looking at a bowl game, of course the big Iron Bowl, but a bowl game instead of the big show, I’m sure that definitely depleted some guys’ spirits some. And the fact is, when you play those high-level SEC games week in and week out and then you come and play an out of conference game, of course the energy might be slow. You might start slow. Those things shouldn’t be expected, but, you know, sometimes that just happens.”But another slow start, against a vastly inferior opponent, after two dreadful losses is not cause for concern for Auburn’s coaching staff, who was willing to write off the latest horrendous display on Samford’s coaching staff knowing Auburn’s plays, the emotions of Senior Day, and anything other than lack of effort and execution that several players admitted to afterward.“Not at all. It’s a long season,” Auburn offensive coordinator Rhett Lashlee said. “That was game 11 and there are a lot of ups and downs in a season. Our guys did what they needed to do, they responded. … I’m not concerned at all. I feel good about where our guys are at.”Nick Marshall had perhaps the worst performance of his career against an FCS team the week before playing top-ranked Alabama in the Iron Bowl.The second-year Auburn signal caller went 11-for-18 for 171 yards with a touchdown and interception and minus-8 yards rushing, due to four losses on third downs.“Probably a couple of times he should’ve maybe given the football,” Lashlee said. “He held the ball a couple times too long and took a sack or two when he should’ve hit a check-down or took off. I think he was just trying to make too much happen a couple of times. And then there may have been a few times that someone else didn’t do their job properly.”Marshall was focused on the outcome, and doesn’t think the slow starts will continue against Alabama.“I’m just glad we came out with the win tonight,” he said. “I know we’ll have our A game coming to next week’s game.”During the scoring drought from Auburn’s lone touchdown against Georgia to its first score against Samford, Marshall was 10-for-24 for 142 yards with two interceptions and had 13 carries for 34 yards. His 74.07 passer efficiency over that time was roughly one half of his total for the season (144.59).“I thought he played hard and well against Georgia,” Lashlee said. “Statistically, he didn’t, but that wasn’t all on him. Up to then, he’s played well most games, too. Sometimes you’re hot, and you get momentum that way. Sometimes you get in a little bit of a frustrating rut. … But all you can do is stay the course, and he’s done a good job of that.”As always, Marshall was seemingly unflappable during the recent stretch.“He doesn’t show any ups and downs,” Bray said. “He just goes out and he steps up his play. Once he does that, everybody else follows and everything else takes care of itself.”It showed, as Marshall closed Saturday’s game 8-for-12 for 116 yards and a touchdown.As Marshall prepares Auburn for Alabama’s defense, which is No. 2 in scoring (14.5) and No. 5 in total yards (283.5), there is no lack of confidence in his abilities to get back to the dynamic playmaker Tigers fan are accustomed to seeing.“I’ve noticed there’s times you can tell where he’s locked in and if he calls for a play you need to call it because he feels pretty good about it,” Lashlee said. “Usually when your quarterback or your guys that you count on feel confident in something it gives you confidence as a coach to call it. … I’d say that right now, as long as we don’t turn over the ball on the first play of the game, it’s always a positive.“The two times we did that, it didn’t go over well.”last_img read more

NPFL: Kabir Dogo Passes Vote of Confidence on Match Officials Despite Sunshine’s Loss (AUDIO)

NPFL: Kabir Dogo Passes Vote of Confidence on Match Officials Despite Sunshine’s Loss (AUDIO)

first_imgWith the recent spotlight on referee performances in the 2018/2019 Nigeria Professional Football League (NPFL) and amid accusations of real and perceived bias; the latest being the threat by Bendel Insurance to withdraw from the league over unfavourable refereeing calls, Technical Adviser of Sunshine Stars Kabir Dogo has commended the officiating in his team’s 2-0 loss to MFM on Match Day 10.Ahmed Rabiu was the referee in charge of the South West Derby which was settled by goals from Kabir Adeniji and Michael Ohanu either side of halftime and Dogo believes fair officiating as was the case in his team’s loss, eliminates controversy, engenders trust and spurs teams to work ever harder because they know officials won’t work towards a preconceived end.Addressing the media after the match at the Agege Stadium in Lagos, Dogo praised the level of officiated and called on the relevant bodies to ensure such standards were replicated across the league on a consistent basis.“The referees have done a good job and they should just keep on like that,” he said. “At least everybody that watched the game knows that they tried, we are all human beings and we are bound to make mistakes but for the game I have to commend them and the [Nigeria Referee Association], [League Management Company] and [the Nigerian Football Federation] for a job well done.“They should continue like that so that at the end of the day at least everybody will know we are going to have true champions. It’s not all about winning or losing, what matters is that we should have a well organised league so that our boys will know they are working and we too, coaches, can do more research to get the right results.”On his side’s loss to the Group A leaders, Dogo attributed the loss to a deficit in communication and lapse in concentration at key moments and identified Adeniji’s goal scored three minutes to half time as particularly injurious to his team’s chances.“Both sides played very well, no doubt about that, the only difference is the goal which even my side could have scored if they had the chance. [MFM] had their chances they took it but we didn’t make use of the little chances we had. “So, on our own part I will say loss of concentration and sometimes a lack of communication within the team like in our defence line,” he added.Relatedlast_img read more