Summer tours: After some bum notes, Scotland can end on song

first_imgItaly’s Luke McLean is too late to stop Samoa’s James So’oilao (L) from scoring during the rugby match between Italy and Samoa at The Mbombela Stadium, in Nelspruit, on June15, 2013. AFP PHOTO / STR (Photo credit should read STRINGER/AFP/Getty Images) Banding together: They’ve been wounded, picked apart and bested, but Scotland could end on a high note against ItalyBy Alan DymockWHEN SCOTLAND’S head coach and soon-to-be director of rugby says: “We have no-one else,” when the team’s No.8 goes down, it can send a shiver down Scots spines.Rising to the challenge: Sean Lamont smacks the SpringboksThat one lonely sentence sums up the injury crisis Scotland currently find themselves in. Playing Italy in South Africa in the last game of their summer the boys in the darker shade of blue have seen captain Kelly Brown, Geoff Cross, Pat MacArthur, Ryan Wilson and Pete Horne fly home with injuries. Hooker Stevie Lawrie is still out there but plays no more part, much like fly-half Ruaridh Jackson, and now Johnnie Beattie is rated as 50/50 to play a part tomorrow.Yesterday Scott Johnson was putting a brave face on his team’s disintegration.“I said that this tour would be about broadening our base and that we’d find out about whether certain players were ready to play international rugby.”However, today with Beattie’s battle to be fit, he has found himself admitting that they may have an empty spot on the bench should the Montpellier back-rower pull out. He said: We would probably have to put Fraser Brown [the uncapped hooker on the bench] in as the reserve cover and bring in Stevie Lawrie [additional cover at hooker].“We will see how Beattie pulls up in the morning. He is a tough lad. His rugby is surprisingly tough, you talk about some of his skills but he is resilient and has played injured before.“He has the ability to put it out of his head, so we will go late with it – one, because we have no choice and, two, because he has the character to carry it.” As for the Scots, they will hope that Matt Scott can continue to show the touches of class that had South Africa on the back foot last week. Al Strokosch and Sean Lamont will also be expected to continue grinding and scratching forward.This tour was always meant to be a development process running at the same time as the Lions. Circumstance has rendered it an ugly slog at times, but that does not mean it has to be a total bust. If Scotland can continue what they started last week they can end their season – at long last – on a good note. LATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALS Character will certainly be tested on Saturday. Scotland rebounded strongly after their humbling defeat to Samoa two weeks ago by running South Africa close. It was a hard-edged performance that rattled their hosts and did some much-needed repair work to their reputations.They now face an Italian side also smarting from two losses, but who are not a shadow of themselves in terms of personal. A customary glance at the Azzurri bench where Leonardo Ghiraldini, Lorenzo Cittadini, Alessandro Zanni, Gonzalo Canale and Luke McLean sit in waiting tells you that the Italians plan an 80-minute assault.Problems of their own: Italy have been cruelly thumped, tooScotland have had to re-jig with David Denton coming in to start at blindside, Al Kellock is reinstated as Jim Hamilton returns to blighty for the birth of his second child and Tom Heathcote returns at fly-half with Jackson out.This is the last significant day of a long, long season and both sides will just want to get to the other end. Nevertheless, there will be a dog fight before the final whistle goes and neither team will want to secede what pride they have left just to get over the line.Perhaps with the pressure almost off some players will let it all hang out. Andrea Masi will be dangerous, Sergio Parisse always gives his best and Marco Bortolami is still hoping to get something out of a season where he has played almost no rugby at all.last_img read more

WSPA launches new DRTV advert

first_imgWSPA launches new DRTV advert “We are also hugely grateful to REM for allowing us to use their iconic song for the soundtrack and to our celebrity supporter Andew Sachs for the voice-over.”The DRTV appeal comes after WSPA’s successful online banner appeal, which the charity says was “the UK’s most viewed click-through web advert in July 2006”. Tagged with: Digital Individual giving AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis1 Animal welfare charity the World Society for the Protection of Animals (WSPA) yesterday launched a new direct response television advert with celebrity support.WSPA’s appeal focuses on the suffering evident in animals’ eyes and features a soundtrack of REM’s ‘Everybody Hurts’ with actor Andrew Sachs providing the voice-over.Fiona Kitson, WSPA UK Direct Marketing Manager said: “The DRTV advert goes live this week on satellite channels in the UK. We worked with Think! and the DTV Group to refresh our campaign and have focused on the eyes of a range of animals from bears to stray dogs to primates to showcase the wide breadth of the WSPA’swork. Advertisementcenter_img Howard Lake | 4 January 2007 | News About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving.  49 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis1last_img read more

Interview with Vismail’s Michael Kaufman

first_img Howard Lake | 30 October 2008 | News Interview with Vismail’s Michael Kaufman Tagged with: Digital Recruitment / people Resource Alliance  20 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Video email specialists Vismail were exhibiting at this month’s International Fundraising Congress in Holland.UK Fundraising’s Howard Lake interviewed Michael Kaufman, VP Business Development at Vismail UK, to find out details of their latest products.www.vismail.com About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving.last_img read more

National Lottery marks 25th anniversary with new £7.5m fund

first_img Tagged with: Funding National Lottery Howard Lake | 19 September 2019 | News AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis46 About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving. The National Lottery Community Fund has created a one-off £7.5 million fund to mark the 25th anniversary of The National Lottery.The fund, #CelebrateNationalLottery25, will help communities “celebrate the extraordinary impact the National Lottery has had since its launch in November 1994”. Since then £40 billion has been raised for good causes, funding 565,000 projects across the UK.Bringing people togetherThe #CelebrateNationalLottery25 funding is designed to support activity that will bring people and communities together across the UK.Up to £2 million will be made available this year in small grants of up to £1,000. The remainder will be released to the sector through the Fund’s National Lottery Awards for All programme.Applications open in NovemberApplications for the 25th anniversary fund will open in November, when full details will be announced.Dawn Austwick, CEO of The National Lottery Community Fund, said:  Advertisement “For 25 years The National Lottery has been helping communities to thrive. We are launching our fund, #CelebrateNationalLottery25, to say happy birthday and a huge thank you to everyone who has helped make it such a great success. People have always been passionate about their communities and this special birthday fund means they can bring even more great ideas and projects to life.”  263 total views,  5 views today  264 total views,  6 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis46 National Lottery marks 25th anniversary with new £7.5m fundlast_img read more

U.S. to join Colombia ‘peace process’ in Havana

first_imgOn Oct. 24 in Havana, the FARC brought 18 new members to serve on the Technical Subcommittee on bilateral ceasefire and surrender of weapons.Photo: FARC-EPThe U.S. State Department announced on Feb. 20 that it would send a representative to the peace talks between the Colombian government and the FARC-EP (Revolutionary Armed Forces of Columbia-People’s Army) to be held in Havana, Cuba. That same day, the Peace Delegation of FARC — which is the revolutionary opposition to the Colombian government — issued a statement saluting this step and saying in part, “We consider it a necessity, given the presence and the permanent impact that the United States has in the political, economic and social life of Colombia, that the U.S. would now be able to contribute to the establishment of social justice and true democracy, and to overcome inequality and poverty, which is the right way to open the path to peace.”U.S. perspective is differentDuring a meeting in December 2014, Colombian President Juan Manuel Santos asked of U.S. Secretary of State John Kerry that the U.S. “take a more direct role in and be more directly in support of the peace process.” (state.gov)For this role the U.S. chose Bernard Aronson, former assistant secretary of state for Inter-American Affairs from 1989-93, who was involved in the peace processes in El Salvador and Nicaragua. In El Salvador, Aronson refused to sign an order to cut U.S. funding for death squads. In Nicaragua he is notorious for his statement: “The great myth of the 20th century is that left-wing fascism is different from right-wing fascism.” (“Contra Aides,” Mother Jones, October 1987)Aronson is on the Board of Directors of the National Democratic Institute, an organization created by the U.S. government through the infamous National Endowment for Democracy that provides funding for opposition right-wing groups in Latin America. He also has financial connections, having served as director for the investment firm Goldman Sachs and having founded his own firm, ACON Investments.But it was Aronson himself during the Feb. 20 press conference who revealed the U.S. role in Colombian negotiations. By saying that the U.S. will stand by the Santos government, he already made its partisan intent clear. He reinforced that stance by declaring that it is time that the FARC forever renounce violence, without even mentioning the violence of the Colombian state. He ended his talk by referring to the riches of Colombia, saying, “The World Bank said that Colombia is the best place in Latin America to do business.” (state.gov)While the U.S. presence is important for the peace process, for the reasons stated by the FARC, it is essential to briefly review the role of U.S. intervention in Colombia in order to clearly highlight its character.U.S. intervention in ColombiaTo show how extensive the U.S. role is, it is only necessary to mention a few facts to remind us that much of the suffering of the Colombian people was conceived of in the White House, the Pentagon and the offices of the major mining, petroleum and chemical transnational corporations, as well as the U.S. agricultural monopolies, with the complicity of the Colombian elites and the Colombian government.This started with the violations and massacres of banana farmers by the United Fruit Co. in 1928, when some 2,000 workers were killed. It continues to the most recent terrorist acts of Chiquita, Dole, Del Monte and Coca Cola corporations, which pay paramilitary squads to beat up and even murder their workers.The suspected role of the CIA in the assassination of the popular political leader Jorge Eliecer Gaitan in 1948 is still under investigation. At issue is the CIA’s refusal to disclose classified documents about that murder, which opened the door to what is known as the “Great Violence,” which has lasted until today.Also important is the U.S. role in the establishment of the paramilitary forces themselves, even before the founding of the FARC-EP, and the so-called LASO Plan of bombings and annihilation used against peasant resistance in Marquetalia province, which led to the founding of the FARC insurgency.We should not forget Washington’s Plan Colombia, which began in 1999 and has resulted in an escalation of social conflict with enormous implications in terms of increasing poverty, disease, violations of human and labor rights and massacres; mass poisonings and destruction of food crops by Monsanto chemicals; and the internal displacement of millions of Colombians.It is because of this U.S. responsibility for perpetuating the war against the Colombian people that Washington must be part of the peace process.Achievements of peace talksThe talks began with exploratory meetings in 2011. They have brought hope to the Colombian people that they will finally achieve the peace that they seek, which has been so elusive. It has been a unique process with breakthroughs as well as huge obstacles and difficulties.Up to now, the talks have achieved partial agreements in the areas of agricultural development, political participation of the insurgency in Colombia’s future and a solution to the problem of illicit drugs. Currently they are discussing questions involving the victims of the conflict.How the peace process has developed deserves a separate article. However, it is necessary to mention the active participation of several organizations and of the Colombian people themselves, including victims of the conflict, who have enriched the discussions with their contributions. Five groups of victims traveled to Havana on several occasions to intervene directly in the process.During these years various forums were held in Colombia to provide suggestions. A subcommittee on gender was formed to ensure that the new Colombia arising out of these dialogues is a country without gender discrimination. There have been special hearings with organizations of women and the lesbian, gay, bi and trans population in Colombia. A Historical Commission of the Conflict and its Victims was established to study the causes with a view toward ending the conflict.The FARC has proposed holding a constituent assembly where the people decide the future of the implementation of the agreements.Although the process is making gains, it still confronts powerful forces. The FARC has demanded a bilateral ceasefire so that negotiations can be held in an atmosphere of peace. So far, the government has rejected this proposal. On Dec. 17, however, the FARC insurgency announced a unilateral and indefinite ceasefire to demonstrate its desire to achieve peace.Now in Spain, President Santos said, “We are nearing the time for starting the discussion of a bilateral ceasefire. Precisely tomorrow morning, Tuesday, five active-duty generals and an admiral will go to Havana to initiate this process.” (Telesur, March 2)On Oct. 24 in Havana, the FARC brought 18 new members to serve on the Technical Subcommittee on bilateral ceasefire and surrender of weapons. Their aim is “to contribute to the analysis of experiences, generate and discuss initiatives and proposals [and] give input, expedite and facilitate discussions of the plenipotentiaries of the national government and the FARC-EP, to permit the implementation of agreements leading to the end of the conflict.” (resistencia-colombia.org)As stated, the talks are at a crucial stage when solidarity movements, particularly in the United States, have an essential role to express solidarity with the insurgency and the Colombian people, expose the criminal role of the U.S., and pressure the White House to abandon any attempt to undermine the negotiations.FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare thislast_img read more

In ominous move, justice denied to victims of nukes

first_imgOn a Sunday after church in 1946, a Navy commodore met with the people of Bikini Atoll and told them they were like the Israelites, a chosen people, and that perfecting the atomic bomb would deliver humankind from future wars. Within one month of that conversation, Bikinians boarded U.S. ships for relocation. Within five months, the first two tests had been conducted. “We located the one spot on Earth that hadn’t been touched by the war and blew it to hell,” Bob Hope reportedly once said. (washingtonpost.com, Nov. 27)Bikini Atoll is a string of islands in the territory of the Marshall Islands — a nation in the Pacific Ocean of some 55,000 Polynesian people. The thriving Polynesian culture for hundreds of years spread from Tahiti to Hawaii, spanning many thousands of miles. At the end of World War II, the U.S. took control of the Marshall Islands as a “trust territory” — in other words, a colony. The Pentagon decided that its isolated position made it the ideal location to test nuclear bombs: first atomic bombs and then hydrogen bombs.On March 2, 1954, the U.S. detonated the “Castle Bravo,” a 15-megaton hydrogen bomb on Bikini Atoll. The blast was 1,500 times more powerful than the bomb the U.S. had dropped on Hiroshima. Its flash could be seen in Okinawa, 2,600 miles away.Every year, the Indigenous people of the Marshall Islands mark March 2 as “Nuclear Victims Remembrance Day.”Between 1946 and 1958, the U.S. detonated 67 nuclear bombs in the Marshall Islands, 23 of them on Bikini Atoll. Residents had been moved to neighboring islands that could not sustain increased population, so many starved. The people were told they could return to their islands when the tests were completed, but the radioactive fallout made those islands permanently uninhabitable. Many of the people also suffered from a huge increase in cancer and birth defects.In 1983, the Marshall Islands finally won its independence. And in 2014, mindful of the terrible consequences of the Pentagon’s nuclear testing on their people, the Marshall Islands government filed suit, first in U.S. federal court and then in the United Nations International Court of Justice, demanding that all countries possessing nuclear weapons, such as the U.S., abide by their obligations under the 1968 Nuclear Nonproliferation Treaty, particularly the treaty’s Article VI.Article VI commits nuclear weapon states like the U.S. to “pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control.” (armscontrol.org)Lawyers for the Marshall Islands said the goal of the suit was “to persuade the court to order serious disarmament talks that were long overdue. They also said that many countries favored drafting a convention to ban nuclear arsenals, much like the treaties that prohibit chemical, biological and other weapons of mass destruction.” (nytimes.com, Oct. 6)By a vote of 9 to 7, the International Court of Justice, the U.N. court in The Hague, ruled on Oct. 6 that it did not have jurisdiction to hear the case. “It’s difficult to understand that it finds no jurisdiction even when the parties have ‘opposite views,’” said lawyer Phon van den Biesen, citing a definition that the court uses for cases it hears.In fact, the U.S government had already signaled it would ignore any court decision that might impede its military buildup. At the same time that it is trying to bully the Democratic People’s Republic of Korea out of testing nuclear weapons to defend itself from a threatened U.S. attack, the Pentagon has announced a $1 trillion program to “modernize” its vast arsenal, which currently contains 7,100 nuclear bombs. (armscontrol.org,Aug. 1)FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare thislast_img read more

Publisher and editor of al-Sudani released but daily still banned

first_img News May 21, 2007 – Updated on January 20, 2016 Publisher and editor of al-Sudani released but daily still banned Organisation Covid-19 in Africa: RSF joins a coalition of civil society organizations to demand the release of imprisoned journalists on the continent Mahgoub Erwa was freed on 19 May, 24 hours before the end of his preventive detention period. Osman Mirghani, was released on 20 May on the orders of a court which refused to extend his detention, as requested by the public ministry. A journalist on the paper, Hafiz Al-Khair, was questioned about the case on 17 and 19 May. Sudan : Press freedom still in transition a year after Omar al-Bashir’s removal Coronavirus infects press freedom in Africa News SudanAfrica The misuse of Article 130, which punishes any breach of the confidentiality of investigations, is one of the authorities’ favourite weapons. Since the start of 2007, al-Sudani has fallen victim to this ambiguous piece of legislation which is supposed to prevent “influence being brought to bear on an on-going investigation”. The justice ministry on 1st February banned the paper “indefinitely” for referring to the 2006 murder of the editor of the daily al-Wifaq, Mohammed Taha, in defiance of a government imposed blackout on the case on the pretext of “preserving public order”. Protests from professional organisations – and from the National Press Council, close to the government, which questioned the legality of the decision – resulted in a climb-down by the authorities 48 hours later.————————18.05.2007 – Independent daily closed down, two journalists arrestedReporters Without Borders today condemned the closure of the independent Arabic-language daily Al-Sudani on 16 May as a result of a complaint by the justice minister about an article accusing him of lying.“Closing a newspaper is a violation of democratic freedoms,” the press freedom organisation said. “President Omar Al-Bashir solemnly undertook to support democratisation in Sudan in a speech to several African presidents, the UN secretary-general, and US and European officials in July 2005. The authorities should respect that undertaking and guarantee press freedom in Sudan.”Officials went to the premises of Al-Sudani on 16 May, confiscated the plates of the next day’s issue as it was about to be printed, and handed over a letter from the prosecutor’s office ordering the newspaper’s closure because of a column by Osman Mirghani in that day’s issue accusing justice minister Mohamed Ali al-Mardhi of “lying about a money-laundering case” before the courts.Al-Sudani will remain closed until the courts reach their verdict on the minister’s libel complaint. Mirghani and editor Mahgoub Orwa have been arrested under three-day, renewable detention orders. SudanAfrica “This case typifies one of the most glaring obstacles to press freedom in Sudan,” the organisation said. “The banning of al-Sudani is unwarranted in that it was decided unilaterally by the government, while there is a press regulation body whose authority was by-passed.”“Yet again the government based its decision on Article 130 of the criminal code procedure when the entire profession and the National Press Council have all challenged its validity.” April 10, 2020 Find out morecenter_img to go further News News Follow the news on Sudan Reporters Without Borders today called for the lifting of a ban on the Arabic-language daily al-Sudani, under a highly controversial article of criminal code procedure, over an editorial accusing the justice minister of “lying in a money-laundering case”. March 29, 2020 Find out more Help by sharing this information RSF_en Receive email alerts Reporters Without Borders today called for the lifting of a ban on the Arabic-language daily al-Sudani, under a highly controversial article of criminal code procedure, over an editorial accusing the justice minister of “lying in a money-laundering case”.The worldwide press freedom organisation however welcomed the release of the publisher and editor of the privately-owned paper, Mahgub Erwa and Osman Mirghani, who had been imprisoned on 17 May 2007 and were respectively released on 19 and 20 May. April 6, 2020 Find out morelast_img read more

Limerick FC management Abseil for ADAPT

first_imgLinkedin Email WhatsApp Joe Gamble Print Facebook Limerick’s Paudie O’Connor named Bradford City Player of the Season Advertisement NewsLocal NewsLimerick FC management Abseil for ADAPTBy Staff Reporter – March 6, 2018 1437 Self Help Africa Abseil Thomond ParkPicture: Keith WisemanLimerick FC will be making the trip from Markets Field to the home of Munster Rugby on Saturday 10 March, when members of the management team will scale Thomond Park Stadium in aid of a local charity.Limerick FC Manager Tommy Barrett, Assistant Manager Willie Boland and Strength & Conditioning Coach Joe Gamble will abseil down the side of Thomond Park to raise funds for and awareness of ADAPT Domestic Abuse Services.They will join over 40 participants, including Limerick Rose Kayleigh Maher and Limerick Cllr Elena Secas, taking part in the ‘Abseil for ADAPT’. “We are absolutely delighted to have the support of Limerick FC for our fundraising abseil,” said Lorraine Gallagher from ADAPT.Sign up for the weekly Limerick Post newsletter Sign Up Twitter Based in Rosbrien, ADAPT provides supports and services for women and children affected by domestic abuse in Limerick, including emergency refuge accommodation and a 24/7 helpline.Ahead of the Abseil for ADAPT, a fundraising collection will take place at Markets Field this Friday 9 March, when Limerick FC take on Bray Wanderers at 7.45pm.For more information on ADAPT Domestic Abuse Services, see www.adaptservices.ie, contact Lorraine at [email protected] ie or call 061-412354.More local news here. RELATED ARTICLESMORE FROM AUTHOR Former Limerick FC defender Tony Whitehead ‘not surprised’ by Treaty United’s dream start TAGSabseilADAPTLimerick FCThomond Park Previous articleIrish cancer society to sell Daffodil Day merchandise in Limerick’s milk marketNext articleLimerick teen bikers graduate from innovative bike programme Staff Reporterhttp://www.limerickpost.ie Munster winger Liam Coombes braced for Benetton battle Willie Boland Suffering in silence Tommy Barrett Former Limerick FC star named in Ireland squad 1 of 3 REPORT: FAI looking into eligibility of former Limerick FC starlast_img read more

MCH reports 2 more COVID-19 related deaths

first_img Facebook Facebook By Digital AIM Web Support – December 14, 2020 WhatsApp Twitter WhatsApp Twitter Local Newscenter_img TAGS  MCH reports 2 more COVID-19 related deaths Medical Center Health System is reporting two more COVID-19 related deaths, a press release detailed. The first patient, a 77-year-old man, died Saturday night, Dec. 12. The second patient, a 67-year-old woman, died late Tuesday night, Dec. 13. The first patient was a resident of Ector County and died shortly after arriving at the Emergency Department. The second patient was a resident of Lincoln Tower and was admitted on Dec. 10. Both patients had pre-existing conditions and both families have been notified. Pinterest Previous articleHIGH SCHOOL FOOTBALL: Balmorhea-Richland Springs title game postponed due to COVID-19Next articleBarry Phillips Digital AIM Web Support Pinterestlast_img read more

Once Resolution Plan Is Approved, No Creditor Can Initiate Proceedings To Recover Claims Not Part Of Resolution Plan : SC Upholds ‘Clean Slate Theory’

first_imgTop StoriesOnce Resolution Plan Is Approved, No Creditor Can Initiate Proceedings To Recover Claims Not Part Of Resolution Plan : SC Upholds ‘Clean Slate Theory’ Deepak Joshi13 April 2021 9:34 AMShare This – xInsolvency & Bankruptcy Code, 2016 (“IBC”) is a legislation aimed at timely resolution of an entity (“corporate debtor”) which has defaulted in payment to its creditors (including the statutory authorities). The corporate debtor has to undergo baptism by fire in the form of a Corporate Insolvency Resolution Process (“CIRP”). Once the corporate debtor is admitted into CIRP, it is the…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginInsolvency & Bankruptcy Code, 2016 (“IBC”) is a legislation aimed at timely resolution of an entity (“corporate debtor”) which has defaulted in payment to its creditors (including the statutory authorities). The corporate debtor has to undergo baptism by fire in the form of a Corporate Insolvency Resolution Process (“CIRP”). Once the corporate debtor is admitted into CIRP, it is the duty of the resolution professional to collate all the outstanding claims from all classes of creditors against the corporate debtors. It is only once all such claims have been crystallised, that the IBC allows for interested parties (“resolution applicant”) to submit their respective resolution plans which include the treatment of the aforesaid claims. These plans are then put to vote before the body of financial creditors (“Committee of Creditors”/”CoC”) who then vote for the most commercially viable resolution plan. The successful resolution plan then carries through the transition of the corporate debtor into the new entity. Amidst the very brief overview of the abovementioned process, there arises an interesting issue. As has been the experience so far, most of the resolution plans provide for a ‘haircut’ in payment to the creditors. This means that the successful resolution applicant will implement the plan by paying some value of the outstanding claim and extinguish the unsatisfied part of the claim. The IBC does not expressly provide for the treatment of the unsatisfied part of the claim. Would this mean that the creditors who have suffered a haircut or whose claims have been rejected outrightly, can still initiate legal proceedings against the new avatar of the corporate debtor for recovery of their outstanding claims? Further, would pending demands from the statutory authorities also face the same treatment as that of a normal class of creditors and hence they cannot also continue the demands post a successful resolution? The Supreme Court in a very recent decision in Ghanshyam Mishra vs EARC & Ors has laid to rest the above doubts and controversies. FACTUAL NARRATION The Supreme Court was presented with a batch of matters wherein a common issue arose – whether after approval of resolution plan by the Adjudicating Authority a creditor including the Central Government, State Government or any local authority is entitled to initiate any proceedings for recovery of any of the dues from the Corporate Debtor, which are not a part of the Resolution Plan approved by the adjudicating authority? The creditors in these batch matters included statutory authorities like the State commercial tax department, State mining department, income tax department etc. in respect of their respective outstanding demands against the corporate debtors. In each of these matters, the concerned successful resolution plan had stipulated that the claims (including statutory liabilities and contingent liabilities) to the extent not satisfied or received under the plan will be extinguished. The corporate debtor in its new avatar shall not be liable to bear the same. The Adjudicating Authority in each of these cases had approved the resolution plans exercising jurisdiction under section 31 of the IBC. On appeal, the approval of these resolution plans was upheld. However, the Hon’ble NCLAT had given the following liberty to various class of creditors: Workmen can move appropriate applications before the labour court for recovery.Statutory dues of various government departments are dues outstanding & would qualify as operational debt.Corporate Guarantee can be invoked against the new entity The effect of these observations was that the creditors were now filing claims/suits/recovery actions against the corporate debtor in its new avatar (under a new management). The statutory authority continued to press their demands for outstanding dues. Hence, the successful resolution applicants were aggrieved with these observations of the Hon’ble NCLAT and the matters were carried to the Hon’ble Supreme Court. The above factual narration has culminated into the present decision. DECISION OF THE SUPREME COURT Once a resolution plan is duly approved by the Adjudicating Authority under Section 31, the claims as provided in the resolution plan shall stand frozen and will be binding on the creditors (including statutory authorities, employees and guarantors)On the date of approval of resolution plan by the Adjudicating Authority, all such claims, which are not a part of resolution plan, shall stand extinguished and no person will be entitled to initiate or continue any proceedings in respect to a claim, which is not part of the resolution plan.The amendment made to section 31 of the IBC is clarificatory and declaratory in nature and therefore will be effective from the date on which I&B Code has come into effect.Consequently all the dues including the statutory dues owed to the Central Government, any State Government or any local authority, if not part of the resolution plan, shall stand extinguished and no proceedings in respect of such dues for the period prior to the date on which the Adjudicating Authority grants its approval under Section 31 could be continued. COMMENTS THE DECISION FURTHERS THE OBJECTIVE OF THE ACT The intent of the I&B Code was to inter alia permit a restructuring process whereby the liability of a corporate debtor could be reset in order to enable a new management to begin with a clean slate for reviving the business of the corporate debtor.This becomes clear from the debate in Rajya Sabha when the IBC was first introduced. The Hon’ble Finance Minister had clearly envisaged a system of resetting the debt in the following words: “…There is a reset and then after the reset the company is competitive once again and it goes forward and it becomes successful. That is what happens consistently in the United States. They go into bankruptcy, the liabilities are reset, they become competitive again and then thereafter they do fine…” In this regard, it is instructive to refer to the Supreme Court’s decision in Essar Steel v Satish Gupta & Ors. reported at 2019 SCC OnLine SC 1478, which held as under: “88.…….A successful resolution applicant cannot suddenly be faced with “undecided” claims after the resolution plan submitted by him has been accepted as this would amount to a hydra head popping up which would throw into uncertainty amounts payable by a prospective resolution applicant who successfully take over the business of the corporate debtor. ……….This the successful resolution applicant does on a fresh slate, as has been pointed out by us hereinabove. For these reasons, the NCLAT judgment must also be set aside on this count.” If a civil suit/ recovery proceeding is permitted to be initiated after the conclusion of insolvency proceedings and after the moratorium is lifted, it will lead to a multiplicity of endless legal proceedings. Clearly, such an argument defeats the very objective of I&B Code and any legal proceedings so initiated in respect of a rejected claim once the moratorium is lifted, will be in teeth of the provisions of I&B Code Further, the SC in the case of Swiss Ribbons v. Union of India& Ors. reported at (2019) 4 SCC 17 has held that the aim of the IBC,2016 is to economically rehabilitate the Corporate Debtor and for that purpose, the timelines protect the corporate debtor’s assets from further dilution. To achieve the said purpose, it is essential that creditors are barred from raising belated claims against the successfully Resolution Applicant who is trying to resuscitate the Corporate Debtor. Lastly, the approach propounded by the NCLAT has the effect of giving liberty to the fence sitters to raise their claims belatedly even after the resolution of the corporate debtor. In such a case, most of the creditors will not submit their claims and will wait for the resolution so that they can initiate proceedings against the corporate debtor. There will never be clean slate as is envisaged by the IBC IBC ALLOWS FOR SETTLEMENT OF DEBT AT A REDUCED VALUE Regulation 37 of the IBBI (Insolvency Resolution of Corporate Persons) Regulations, 2016 (“CIRP Regulations”) mandates a Resolution Applicant to provide in its resolution plan any reduction in the amount payable to a particular category of creditor. Accordingly, settlement of a debt at a reduced value is clearly permissible pursuant to a Resolution Plan SECTION 31 (1) MAKES THE RESOLUTION PLAN BINDING ON ALL STAKEHOLDERS – SINCE THE INCEPTION OF IBC Any entity which is involved in the CIRP Process shall be bound by the Resolution Plan, including any provision for extinguishment of claims. A creditor which submits its claim is certainly involved in the CIRP Process as it has submitted its claim as per the provisions of IBC to get his claim resolved under the CIRP Process. In fact, the Government recently passed the 2019 Amendment to the IBC,2016 [Act No. 26 of 2019] wherein it was further clarified that the rigours of Section 31 also apply to the Central and State Government, as well as local authorities. Therefore, once the Resolution Plan is approved by the Adjudicating Authority, it is binding on all parties under Section 31 of the Code The Finance Minister, while answering questions about the 2019 Amendment Act, explained before the Rajya Sabha on 29.07.2019 that, The amendment now is clearly making it binding on the Government. It is one of the ways in which we are providing that. The Government will not raise any further claim. The Government will not make any further claim after resolution plan is approved. … So, now, they need not be scared that the taxman will come after them for the faults of the earlier promoters….” The Hon’ble Supreme Court has rightly held that this amendment is a mere clarificatory amendment and has to apply retrospectively. Therefore, we need to read Regulation 37 along with section 31. On one hand, Regulation 37 allows for settlement of debt at a reduced value. On the other hand, Section 31 makes the Resolution Plan binding on all stakeholders involved in the Resolution Plan. Therefore, a creditor is bound by the Resolution Plan even if his claim has not been decided on merits. However, there is a note of caution for professionals, practitioners and lawyers – these observations have been made wherein the plan explicitly mentioned that the rejected claims shall be extinguished forever. Hence, the application of the law will depend on the actual wording of the resolution plans. CONCLUSION This decision is a welcome one because there were increasing instances wherein statutory departments as well as other creditors were filing/continuing recovery proceedings despite a successful resolution. Further, owing to observations of the NCLAT, the creditors in whose favour guarantee was provided by the erstwhile corporate debtor, had the liberty to initiate recovery against the new entity. This was a big impediment for the prospective resolution applicants because there was always an apprehension that even after crystallised part payments of debts, the new entity will be saddled with claims. The  Supreme Court has established it beyond any doubts that the dominant purpose of IBC is that the corporate debtor should start with fresh slate on the basis of the resolution plan. The scope for a “hydra head” monster to appear again in form of fresh claims has been rightly restricted by this important ruling. The author is a professional with dual qualification. He is a practising advocate and a fellow chartered accountant. He practises in the courts of Delhi. He can be contacted at [email protected]  Case: Ghanashyam Mishra And Sons Private Limited Vs.Edelweiss Asset Reconstruction Company Limited [ CA 8129 OF 2019]Coram: Justices RF Nariman, BR Gavai and Hrishikesh RoyCitation: LL 2021 SC 212Click here to read/download the judgmentNext Storylast_img read more