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<copyright>Copyright &#169; 2012 Lanyon Bowdler Solicitors</copyright>
<pubDate>Sun, 05 Feb 2012 09:01:09 +0000</pubDate>
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<description>Lanyon Bowlder Solicitors blog.</description>
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<description>Lanyon Bowlder Solicitors blog.</description>
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<title><![CDATA[Increase in Dangerous and Illegal Dogs in the West Midlands]]></title>
<link>http://blog.lblaw.co.uk/increase-in-dangerous-and-illegal-dogs-in-the-west-midlands-361/</link>
<description><![CDATA[
The subject of dangerous dogs is featuring heavily in the news at the moment, and there is a continuing problem of dangerous and illegal dogs in the West Midlands.Although the majority of dog owners are responsible and care for their animals, sadly certain individuals choose particular breeds of dog, some of which are already illegal, for use in criminal activities or as protection dogs, creating an animal which is out of control, aggressive and dangerous, through no fault of its own.Many dog owners and victims alike will be uncertain of the laws surrounding dog attacks.  If you are the owner, are you liable if your dog injures or attacks somebody?  If you are the victim of an attack, can you claim for compensation and press criminal charges?Responsible owners of dogs would not be held responsible as they ensure their dogs are kept under sufficient control so as to avoid causing anyone any injury.  In fact a large majority of dog owners themselves are concerned that there are a small minority who mistreat dogs which can often result in the dog turning and attacking someone innocent.The reality of dog bite attacks is that they often involve severe injuries which lead to permanent scarring.  Of course, in addition to the physical injury there is the psychological impact, not only from the scarring, but also from the attack itself.  Often the attacks are not just a little bite from a dog, they are vicious aggressive attacks and can often involve more than one bite.  An attack by a dog can be incredibly distressing, aside from the physical injury.  In severe cases victims require cognitive behaviour therapy to assist them to deal with a phobia of dogs. It is also an unfortunate fact that dog bite claims are on the increase, and statistically children between the ages of 5 to 9 years are most vulnerable.  More than half the incidents involving dog bites require medical attention and a high percentage are fatal.For successful compensation claims a dog owner would only be potentially liable for injuries if their breed of dog falls under the Dangerous Dogs Act 1991 or if they had the knowledge that their dog has previously shown a tendency of aggressive behaviour, or has previously bitten.  The Dangerous Dogs Act came into force in May 1991 and it states that any Pit Bull Terrier, (Pit Bull Type), Japanese Tosa and Fila Brazilliero, must be muzzled and on a lead whilst in any public place.  Because these dogs are classed as "dangerous breeds" any injury caused will automatically lead to compensation, irrespective of any previous incidents.  If you own one of these breeds of dog it is an offence not to have them muzzled and on a lead, any failure to do so can lead to a fine, or imprisonment for up to 6 months, or in some cases both.  In addition a clause within the Act, which is applicable to all dogs in the UK, states any dog "dangerously out of control in a public place" would also be liable for destruction.In addition, for a successful claim the dog either has to be listed under the Dangerous Dogs Act or proof has to be obtained that the owner should have known that their dog would attack in the given circumstances of the case.  Often either of these things can be proved but victims are left uncompensated because the owner of the dog has no insurance or money to cover the compensation for the victim.  The victim is then left with permanent scarring and distress with no recompense.I am disappointed that in March 2010 the Government announced a compulsory insurance on dogs but then ruled it out only a week later they on the basis that they did not want to penalise responsible owners. There are a staggering 200,000 dog bites in the UK each year, often leaving the victim with permanent physical and psychological scarring.  Responsible owners would have nothing to fear - if you are responsible with your dog, these incidents are likely to be avoided.  In addition, irresponsible owners of dogs would be highlighted as insurance companies would be aware of the claims being made.Often victims of dog attacks do not know that they can claim for compensation due to the actions of irresponsible dog owners.  It is a very sad fact that some people who own dogs do not take responsibility for them or indeed choose a particular breed to use to attack or for dog fighting.  I would urge anyone who has concerns about a dog having a vicious nature to report it immediately to the Police.  Often attacks are not reported to the Police which means there is no evidence of an owners irresponsibility and no way of knowing which owners need education on how to control the dog.  Similarly there would be no records of where owners are using dogs inappropriately.If you have been bitten by a dog contact a local solicitor who specialises in dog attacks, as you may be eligible for a compensation claim.
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<category><![CDATA[Personal Injury]]></category>
<pubDate>Tue, 24 Jan 2012 10:34:28 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/increase-in-dangerous-and-illegal-dogs-in-the-west-midlands-361/</guid>
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<title><![CDATA[Pedestrians and Cyclists Listening to Music on Headphones - Hear the Warning]]></title>
<link>http://blog.lblaw.co.uk/pedestrians-and-cyclists-listening-to-music-on-headphones-hear-the-warning-358/</link>
<description><![CDATA[
With the advancement in technology, marvellous devices such as the Ipod allow people to listen to music wherever they may be, but at what price?  Recent studies have shown an increase in accidents involving pedestrians because of the use of such devices.  Accidents where pedestrians are involved always have the potential for the pedestrian to sustain serious or significant injuries which more often than not lead to death. 
Pedestrians and cyclists who use MP3s or the like whilst out and about on the roads should ensure that they take extra care for their own safety.  Whilst headphones are in use, the pedestrian or cyclists concentration is likely to be affected, as is their ability to hear the actions of car drivers around them.  I was recently driving to work when a cyclist pulled out in front of me.  Whilst I had sounded my horn to indicate my presence and alert the young man involved, unfortunately he was completely oblivious to my horn as he had headphones on and no doubt his volume was greater than just background noise.   
Drivers are often criticised in claims involving pedestrians or cyclists for not making the victim aware of their approach, for example for failing to sound their horn or flash their lights or indicate their intention.  Unfortunately, a driver observing a pedestrian who does not seem fully aware of the vehicle's presence will have little impact sounding their horn if the pedestrian or cyclist cannot hear it.  Similarly while devices are on and the headphones in, often the individual can drift off into a world of their own and become very unaware of what is going on around them.   
In accidents involving pedestrians or cyclists using headphones, they should be aware that it is likely that if they are injured and wish to pursue someone for compensation, their compensator may claim contributory negligence against them for failing to take care of their own safety.  Contributory means that they have in some way contributed to the accident and therefore their injuries.  In recent years there have been laws brought in with respect to the use of mobile phones whilst driving and I would welcome similar laws being brought in with respect to the use of headphones - particularly with cyclists.   
Headphones are just as likely to affect concentration as mobile phones, so think twice when 'plugging in' on your journey. 
  
]]></description>
<category><![CDATA[Personal Injury]]></category>
<pubDate>Tue, 17 Jan 2012 11:46:00 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/pedestrians-and-cyclists-listening-to-music-on-headphones-hear-the-warning-358/</guid>
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<title><![CDATA[Courts Agree to Asbestos Claim]]></title>
<link>http://blog.lblaw.co.uk/courts-agree-to-asbestos-claim-350/</link>
<description><![CDATA[
Following the recent Court of Appeal Case of Sir Robert Lloyd & Co Ltd and others against Bernard Hoey, the Courts agreed that a Claimant can bring an asbestos case outside the usual three year time limit to bring a claim. Mr Hoey had been employed by five Defendant companies in various jobs between 1947 and 1992.  During that time he had been exposed to asbestos.  By the time he went to see a solicitor he was suffering from pleural plaque and bi-lateral pleural thickening.  He had first developed chest pains in 1984 and was referred to the chest clinic by his GP to do some investigations.  They had considered pneumonia, cardiac problems and mesothelioma.  It was spotted on the x-rays that there was pleural thickening which was the suspected cause of his chest pain. In 1987 Mr Hoey was discharged from the chest clinic and his condition improved.  In 1992 he was having breathing difficulties and retired on grounds of ill health.  He was not referred back to the chest clinic until 2007.  On 17 December 2008 he was diagnosed with extensive calcified pleural plaque and some areas of course fibrosis.  Mr Hoey went to see a solicitor; medical evidence was obtained which included the conclusion that the pleural thickening would have caused the chest pain in the mid 1980s.  Court proceedings were issued, the Defendants raised a defence that the Mr Hoey knew in 1984  1986 that he had a significant injury that was attributable to asbestos.  It was successfully argued that the Mr Hoey did not know.  He found out in 2008 that he had significant injury.  Therefore he was within the three year time limit for bringing a successful case. It is extremely important therefore to consider very carefully the medical evidence in asbestos related injuries in order to successfully bring a case which may appear to be well out of time.  The significance being date of knowledge. If you feel you may have a claim for an industrial disease such as asbestosis, then contact me on 01743 280280 or email dawn.humphries@lblaw.co.uk.   
]]></description>
<category><![CDATA[Personal Injury]]></category>
<pubDate>Wed, 21 Dec 2011 10:42:51 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/courts-agree-to-asbestos-claim-350/</guid>
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<title><![CDATA[Referral Fees and Personal Injury Claims]]></title>
<link>http://blog.lblaw.co.uk/referral-fees-and-personal-injury-claims-330/</link>
<description><![CDATA[
The Ministry of Justice have decided to have a stamp down on referral fees in personal injury claims. Referral fees for a personal injury case or leads have been paid to Insurance Companies and Claims Management Companies for many years. This comes as good news, particularly for consumers, but also for many personal injury solicitors who have been concerned about these set-ups for some time.It is fair to say that the media portrayal of the so-called compensation culture does the reputation of the legal profession in general no favours at all. However it doesnt reflect the nature of the vast majority of cases we see, where the client has suffered genuine injury and really needs our help. Often clients lose their livelihood, or need extensive care, as a result of an unexpected accident. We agree with the view of the Ministry of Justice, that the system of referral fees does nothing for the consumer who has inevitably ended up paying more for their insurance, but more than this, it benefits only the middle man and is not in a clients best interests.Cold Calling?A good few of us have probably been subject to cold calling or text messages from unscrupulous claims management companies. Not only does this exacerbate the problems with the referral fee system, but selling personal details without a customer's permission is in fact illegal under the Data Protection Act.An insurer who wants to pass a client's details onto a law firm must say upfront they have such an arrangement in place, and give the insured the option to opt out. However, probably few of us realise when we buy insurance that such an agreement is often buried in the policy's terms and conditions, and even where this isnt the case, there have still been companies contacting consumers in complete breach of the Data Protection Act.Genuine claim and can I use my own solicitor?Where insurance is in place, often clients will be made to use the insurers panel solicitors without being clearly told if and when they are free to make a choice to use their own solicitor.The usual procedure of insurers is to refer claimants to their panel solicitors following an accident. This is why people get letters from lawyers the day after an accident in which they have been involved. The insurers are of course usually incentivised to do so by the payment of a referral fee, or the costs agreements they have with their panel firms. These panel firms are not always the ones with the best reputation and expertise to deal with the claim, particularly if its a serious injury. They may not allocate the case to a sufficiently experienced lawyer or contact, and knowledge of local service providers may be difficult because the firm are many miles from the injured claimant.What many claimants dont realise though is they are able to request their insurers allow them to use their own choice of solicitor, with the insurers paying the costs of that chosen firm. Regulation 6 of the Insurance Companies (Legal Expenses Insurance) Regulations 1990 ('the Regulations'), specifically provides for claimants to exercise their own choice of lawyer. This regulation is frequently interpreted as meaning that the insured has a right to choose his or her lawyer at the moment when proceedings are issued, but not earlier, meaning that at least initially claimants are referred through to the panel firms of the insurer, but there is case law which challenges this position. Your chosen solicitor may be able to offer you a suitable alternative way of funding your case. You should carefully select your solicitor based on recommendation, quality marks and experience. Should you have a query, or on any of the above, then please contact us.Lanyon Bowdler specialise in Personal Injury Litigation. 
]]></description>
<category><![CDATA[Personal Injury]]></category>
<pubDate>Fri, 14 Oct 2011 10:31:21 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/referral-fees-and-personal-injury-claims-330/</guid>
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<title><![CDATA[What Do I Look for in My Solicitor]]></title>
<link>http://blog.lblaw.co.uk/what-do-i-look-for-in-my-solicitor-328/</link>
<description><![CDATA[
Brain injuries are complex and give rise to a variety of considerations when compared to other forms of injury. The choice of solicitor is crucial. The solicitor needs to understand the complexities of the claimants injuries and how it is likely to affect their day to day life.  The solicitor should specialise in personal injury work and not be a generalist. In particular, as well as specialising in personal injury, the solicitor should regularly deal with acquired brain injury and large multiple injury cases.  There are many solicitors who try to practice in all fields of the law and dabble with personal injury and brain injury cases.  As a rule of thumb this should be avoided.  There are various quality standards, which can assist in the choice of solicitor.  Ask whether: - 
   
    The solicitor is a member of the Law Societys Panel of Personal Injury Solicitors. 
   
   
    The solicitor is on Headways Approved List. 
    The solicitor is a member of the Law Societys Panel of Clinical Negligence Solicitors (for victims of medical accidents). 
    The firm holds the Legal Services Commission Specialist Quality Mark (LSCSQM) in Personal Injury or Clinical Negligence. 
    The firm have solicitors who are members of the Association of Personal Injury Lawyers. 
  These panels and the LSCSQM require the solicitor to demonstrate experience, and ensure that the solicitors firm has appropriate systems and resources in place.  Solicitors on Headways Approved List will be specialists in dealing with acquired brain injury.Recommendation from someone who knows the solicitor is a good idea.  Also have a look at the firms website and the solicitors profile. Most solicitors will offer at least a free half hour interview.  This interview can be used to ensure the client is comfortable with the solicitor and gives a chance to ask the questions of which, the client may be unsure. The solicitor should be asked about the type of cases they have handled in the past and their practice.For more information as to how Lanyon Bowdler could assist you, follow this link, or call me on 01743 280280 or email me at neil.lorimer@lblaw.co.uk. 
]]></description>
<category><![CDATA[Personal Injury]]></category>
<pubDate>Tue, 04 Oct 2011 11:49:09 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/what-do-i-look-for-in-my-solicitor-328/</guid>
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<title><![CDATA[Free Personal Injury Clinic Available to Those in Telford]]></title>
<link>http://blog.lblaw.co.uk/free-personal-injury-clinic-available-to-those-in-telford-302/</link>
<description><![CDATA[
In the current climate it is not very often you hear about someone getting something for nothing.  However, here at Lanyon Bowdler we continue to run a free advice clinic at our Telford Office each Friday between 2pm and 5pm, where we provide assistance to people who have had accidents and wish to know whether or not they are entitled to receive any compensation.  
Our Personal Injury Team consists of one partner, three associate solicitors, two legal executives, two trainee solicitors, and two legal assistants who all specialise solely in relation to the law surrounding personal injury claims.  
Our wealth of knowledge and experience covers all areas of personal injury work such as road traffic accidents, accidents at work, slips and trips, industrial diseases, product liability, accidents aboard, dog bite claims and criminal injuries compensation claims.  Our specialists are also experienced in handling catastrophic accidents such as amuptations, head, brain and spinal injuries.
Whilst people suing for whiplash as a result of a road traffic accident is now more commonly known, not many people realise that the victims of crimes of violence are entitled to claim compensation from the Criminal Injuries Compensation Recovery.  These victims may be innocent people who are mugged, or people experiencing violence at the hands of estranged partners or neighbours with whom they have a dispute.  The Claims are not limited to assault only so if you are not sure whether you, or someone you know, is the victim of crime telephone one of our Team and they will be happy to help.
Karen Clarke of Lanyon Bowdler says, We continue to run the free advice clinics as it enables people to drop in, with or without an appointment and have 15 minutes free advice with a specialist adviser.  There are always some cases, due to their sensitive nature, that some people may not feel comfortable talking about over the telephone, or indeed they may be so sensitive it takes time for the person to summon up the courage to ask someone for help, and we feel that allowing people the option to just drop in and get some help is a valuable service.  
"The Team are able to provide advice in all areas of personal injury law and it is great to feel we are able to offer a service to clients who need help and advice where some unplanned event has taken place and where their future is not always certain.  Whilst many people are often dismissive of whiplash injuries, these are well recognised injuries and whilst the majority of these types of cases do recover within a short space of time, there are many other accidents where the injuries are much more severe and have a knock on effect to peoples families and ability to work.  These people are vulnerable and need advice for securing their future and it is good to know we are able to offer them valuable advice and assistance.
 
 ]]></description>
<category><![CDATA[Personal Injury]]></category>
<pubDate>Tue, 28 Jun 2011 15:02:35 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/free-personal-injury-clinic-available-to-those-in-telford-302/</guid>
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<title><![CDATA[Faulty Hip Replacement Implants]]></title>
<link>http://blog.lblaw.co.uk/faulty-hip-replacement-implants-262/</link>
<description><![CDATA[
The Medicines and Healthcare Products Regulatory Agency (MHRA) have recently issued a Medical Device Alert in respect of Hip Replacement Implants produced by DePuy, a company specialising in the design and manufacture of orthopaedic devices used in joint replacement surgery.
DePuy have initiated a product recall of their ASR hip implants, which have been widely used by NHS and private hospitals in the resurfacing of hip joints and in total hip replacements since July 2003.
Doctors are being asked to return any unused implants and are instructed to cease using the devices in operations with immediate effect. Patients who have received implants after July 2003 are being urged to seek medical advice to see whether they may be affected. 
The recall has been initiated following research by DePuy into the effectiveness of their products. It emerged that the ASR hip replacement implants were substandard and that a higher than average number of patients who had been fitted with the devices required additional revisionary surgery within 5 years of initial replacement.
DePuy have issued a press release explaining that patients fitted with the implants may not necessarily need to have them removed, but that they will require additional follow up from the orthopaedic surgeon who fitted the device to check for any symptoms which indicate that their joint replacement is failing.
Patients are being warned to be vigilant for symptoms which may include pain, swelling and problems walking. These symptoms may indicate loosening of the implant, fracture of the bone around the implant or dislocation of the implant. 
If you are concerned that you have suffered from sub standard care with regards to orthopaedic surgery and if in particular you are aware that you have received a DePuy hip replacement which may be faulty you are encouraged to contact the Clinical Negligence Department at Lanyon Bowdler.
The Clinical Negligence team have the expertise to deal with a wide range of medical negligence matters and have extensive experience in medical product liability cases. ]]></description>
<category><![CDATA[Clinical Negligence]]></category>
<pubDate>Wed, 26 Jan 2011 13:00:28 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/faulty-hip-replacement-implants-262/</guid>
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<title><![CDATA[Recording Radio Ads is a Nerve Wracking Business!]]></title>
<link>http://blog.lblaw.co.uk/recording-radio-ads-is-a-nerve-wracking-business-260/</link>
<description><![CDATA[
Recording at a music station is a bit nerve racking no matter how many times you have done it before. I have been recording my own adverts at Radio Wyvern for the last 8 or so years and was really pleased to be back there last week to record my advert for Lanyon Bowdlers Personal Injury and Clinical Negligence team.
I went to the studio in Worcester to meet Geoff who designs the ad and Holly our account manager who makes sure we get it all right. They are both great fun and put you at ease straight away.  
I bumped into breakfast DJ Rich Hurst or Hursky as he prefers to be known who laughed at being introduced to the voice behind the ad. Having played the ad for so long you wonder what they are expecting and cant tell if your physical presence is somewhat of a disappointment to your image on air. Thats the fun of radio.
We recorded in the studio with Jim Kerwood technical genius. The headphones and the big microphone make you feel like a radio news reader. After a few laughs and missed takes we had got a straight run of the ad that sounded just right.
Geoff then puts the music to the ad and the piece is put together and emailed over to us for approval, and much laughing at me in the office as we listen to the finished result.
Fame at last!]]></description>
<category><![CDATA[Clinical Negligence]]></category>
<pubDate>Tue, 25 Jan 2011 15:04:15 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/recording-radio-ads-is-a-nerve-wracking-business-260/</guid>
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<title><![CDATA[Maternity Services in Crisis]]></title>
<link>http://blog.lblaw.co.uk/maternity-services-in-crisis-254/</link>
<description><![CDATA[
Maternity units are teetering on the brink under the relentless pressure of rising birth rates, warns Cathy Warwick General Secretary of the Royal College of Midwives, who announced her concerns to the media this week.
Over the past decade, the birthrate in the UK has increased by 19 per cent and is at its highest for over 26 years  yet the number of midwives available to care for mothers has increased by just 12 per cent, she explained. This renders the service at least 3,500 short of the number of midwives required to provide safe and high-quality care. 
Mrs Warwick explained that the historically high birth rate, increasing complexity of pregnancies and births and staff shortages meant that the safety of mothers and babies was too often being compromised and lives were being put at risk.
Last year it emerged that women were being forced to travel up to 99 miles in order to give birth after being turned away by overstretched maternity units.  Midwives have also spoken out against unsafe practices including the lack of supervision provided to mothers receiving epidurals. 
A recent survey reported that almost a quarter of mothers were left alone and frightened during labour because midwives do not have the time to provide one-to-one care.
The solicitors of Lanyon Bowdlers clinical negligence department have considerable experience in working with individuals and families facing the aftermath of all types of medical and clinical accidents. In particular our team has expertise in birth injury, cerebral palsy, obstetrics and maternal injury claims. 
Mothers and their families concerned about the standard of care provided to them are encouraged to contact the Clinical Negligence Department on 0800 9549936 for further assistance and advice. ]]></description>
<category><![CDATA[Clinical Negligence]]></category>
<pubDate>Wed, 05 Jan 2011 15:43:19 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/maternity-services-in-crisis-254/</guid>
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<title><![CDATA[Motorists Neglect Using Seatbelts]]></title>
<link>http://blog.lblaw.co.uk/motorists-neglect-using-seatbelts-239/</link>
<description><![CDATA[I recently read that motorists in southern England are putting their lives and those of other drivers, at risk by failing to wear a seatbelt.  And I bet this isn't just happening in the south of our country!Road Safety Partnership's 'No Excuse' campaign shows just under 2,500 drivers or passengers were caught not wearing a seatbelt in the past 12 months in Dorset alone. Figures also included a staggering 1,000 used mobile phones while driving.This news follows other instances of driver recklessness. Police have given examples which include finding a pregnant woman behind the wheel of her car without a seatbelt on.  The soon-to-be mother, was fined for her actions. Officers also pulled over a woman who was waving her hands around wildly in the car as she tried to shoo out a fly."Unfortunately, a significant number of drivers continue to put themselves and others at risk though selfish or careless practices," said Chief Inspector Robert Nichols, Head of Special Operations at Dorset Police.To avoid financial penalties, possible prison time and potentially fatal accidents always follow the letter of the law when operating your vehicle.  However, if you do find yourself on the wrong side of the law, then promptly contact our Motoring Law specialists. ]]></description>
<category><![CDATA[Motoring Offences]]></category>
<pubDate>Fri, 05 Nov 2010 15:25:45 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/motorists-neglect-using-seatbelts-239/</guid>
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