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<copyright>Copyright &#169; 2012 Lanyon Bowdler Solicitors</copyright>
<pubDate>Sun, 05 Feb 2012 08:23:13 +0000</pubDate>
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<docs>http://blog.lblaw.co.uk/</docs>
<description>Lanyon Bowlder Solicitors blog.</description>
<link>http://blog.lblaw.co.uk/</link>
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<title>Lanyon bowdler Blog feed</title>
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<link>http://blog.lblaw.co.uk/</link>
<description>Lanyon Bowlder Solicitors blog.</description>
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<item>
<title><![CDATA[Assisting the CIDT at the University of Wolverhampton ]]></title>
<link>http://blog.lblaw.co.uk/assisting-the-cidt-at-the-university-of-wolverhampton-356/</link>
<description><![CDATA[
Recently myself and colleague Emma Alsop were delighted to be able to provide assistance to the Centre for International Development and Training (CIDT) at the University of Wolverhampton.  The CIDT has recently hosted teams from Bangladesh interested in furthering their knowledge and understanding in various fields of business, to assist them in projects planned for their country.  
One of the teams, based at the Universitys Telford campus, had specific interest in the registration of land transfers, digitalisation of information, plans relating to land transactions, the security of such information and how to make the ownership of land clear and transparent to all the citizens.  During their stay the team visited various relevant organisations including the Land Registry in Telford. 
Following the team's visit to the Land Registry, I chaired a half day de-brief and we then hosted a half day demonstration on the benefits of a conveyancing case management system and its interaction with the land transfer process. Emma Alsop, who heads the firms residential property team in Shrewsbury, ran the workshop. 
The feedback from the Bangladeshi teams was extremely encouraging and it really was a pleasure to be able to offer our help.  ]]></description>
<category><![CDATA[Residential Property]]></category>
<pubDate>Mon, 09 Jan 2012 14:38:23 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/assisting-the-cidt-at-the-university-of-wolverhampton-356/</guid>
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<title><![CDATA[Supreme Court's Judgment Over Property Owned by Unmarried Couple]]></title>
<link>http://blog.lblaw.co.uk/supreme-courts-judgment-over-property-owned-by-unmarried-couple-348/</link>
<description><![CDATA[
The difficulties faced by cohabiting couples when they buy a home together, and how they determine their respective shares in the property when the relationship breaks down, have been highlighted in a recent case.The court held that where cohabitees purchased a property in joint names to provide a home for themselves and their family, but without any express declaration of their beneficial interests, the starting point is that the legal and beneficial interests are held jointly. This presumption can be rebutted by showing the parties had a different common intention at the outset or that they later formed the common intention that their shares in the property would be changed. In Jones v Kernott the Supreme Court inferred a common intention from the parties conduct. Some eight years after buying the property together the relationship broke down and Mr Kernott moved out. He made no further contributions towards the mortgage or other outgoings, two years later the property was placed on the market for sale but a sale was not achieved. They decided to take the property off the market and cash in an endowment policy so that Mr Kernott could use his half share to buy somewhere else to live. The court determined that this sequence of events amounted to a common intention such that Mr Kernots interest in the property was to diminish from 50% to 10%. The court awarded Miss Jones a 90% interest in the property. The court inferred such common intention from the parties conduct, when there was no evidence that they had ever given this aspect of the matter any thought. This case highlights the dangers and uncertainty of litigating over such matters. When unmarried couples acquire an interest in property they must be properly and carefully advised at the outset both in relation to the preparation of a deed of trust, to expressly determine the shares of each party and also a cohabitation agreement to determine and regularise their financial arrangements. This applies whenever a property is owned by more than one party, for example, when parents and adult children buy a property together.Contact the Lanyon Bowdler Dispute Resolution or Family teams on 01743 280280. 
]]></description>
<category><![CDATA[Dispute Resolution]]></category>
<pubDate>Mon, 05 Dec 2011 14:18:18 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/supreme-courts-judgment-over-property-owned-by-unmarried-couple-348/</guid>
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<item>
<title><![CDATA[Have Home Repossession Fears Been Exaggerated?]]></title>
<link>http://blog.lblaw.co.uk/have-home-repossession-fears-been-exaggerated-307/</link>
<description><![CDATA[
  This week, the Governor of the Bank of England, Sir Mervyn King, has said that in his opinion fears of a wave of home repossessions have been overstated as UK interest rates are set to remain low. 
  He made the statement in response to recent comments made by the head of UKAR (UK Asset Resolution), Richard Banks, which holds mortgages once owned by Northern Rock. Banks claimed that a "tsunami" of home owners would lose their homes once rates increased. He went on to say that a number of families faced being repossessed unless lenders prepared them for the impact of higher rates. He also said that some 23,000 of the 750,000 mortgages UKAR owns are at least six months in arrears. 
  His warning comes on top of others, including from the Council of Mortgage Lenders earlier this month, which forecast that repossessions will rise to 40,000 this year from 36,000 in 2010. Sir Mervyn added that consumer borrowing charges such as mortgages, which are generally already several percentage points higher than the base rate, were unlikely to rise as quickly and that when there was a rate rise there would be a delay in it feeding through to other borrowing costs.
  If you are having difficulty paying your mortgage at the moment or are worried about whether you will be able to do so in the future when interest rates ultimately increase, you should speak to your lender as soon as possible to try and come to an arrangement and also check to see whether you are entitled to help from one of the numerous Government mortgage schemes that are on offer.
   ]]></description>
<category><![CDATA[Personal Debt & Insolvency]]></category>
<pubDate>Thu, 07 Jul 2011 11:52:17 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/have-home-repossession-fears-been-exaggerated-307/</guid>
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<title><![CDATA[Homes in the Countryside Beat the Property Downturn]]></title>
<link>http://blog.lblaw.co.uk/homes-in-the-countryside-beat-the-property-downturn-242/</link>
<description><![CDATA[Its not all doom and gloom in the property market, according to The Halifax, as rural house prices have nearly doubled during the past ten years.Homes in the countryside are now so desirable they have been rising by a rate of around 200 a week, and are now 96% more valuable than in 2000.As a result, buyers can expect to pay a 20% premium for a property in a rural location, compared with one in a town, up from a 17% difference at the start of the decade. The recent difficulties experienced by the housing market have also had less of an impact on homes in the countryside, with these losing an average of 20% of their value between 2007 and 2009, compared with a 25% price drop in towns and cities.The increase in TV programmes such as Escape to the Country and Location, Location, Location, which sell a contended rural lifestyle, can only have had an added impact. Suren Thiru, Housing Economist at The Halifax, said: "With the lifestyle benefits associated with living in the countryside still resonating with homebuyers, rural properties continue to trade at a significant premium to homes in urban areas."The biggest increase in rural prices during the past year has been seen in the South East, with the cost of a home in the countryside jumping by 8.9%.Yorkshire and the Humber and Wales had the biggest price gains for rural homes over the past decade at 123% and 122% respectively. South Oxfordshire is the most expensive rural local authority to purchase in, with the average property costing 388,326, 85% above the national average. ]]></description>
<category><![CDATA[Residential Property]]></category>
<pubDate>Fri, 19 Nov 2010 16:43:50 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/homes-in-the-countryside-beat-the-property-downturn-242/</guid>
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<title><![CDATA[Landlord Identify Theft Warning as Tenant Sells Property]]></title>
<link>http://blog.lblaw.co.uk/landlord-identify-theft-warning-as-tenant-sells-property-225/</link>
<description><![CDATA[Property experts have warned landlords to keep personal and financial documents away from rented properties and ensure identity theft is kept to a minimum.The warning comes following the court case of a south London tenant, who now faces imprisonment after attempting to sell his landlords property.Steven Rice, the managing director of a yacht company, obtained personal information about his 83-year-old landlord, Vernon Stratton, and sold Mr Strattons South Kensington property for 1.47million.After the money was paid into Mr Strattons account, Mr Rice obtained a false driving licence in Mr Strattons name and attempted to transfer the funds to his Dubai bank account.When Halifax staff questioned the validity of the driving licence, Mr Rice was reprimanded by police and could now face years behind bars for fraud.Tenant sub-letting is not going to stop. But this is a one-in-a-million case. I cant see many tenants having the confidence to get fake ID and maintain the front with solicitors, a leading letting agent commented.The serial opportunist admitted possessing a false ID document with intent and acquiring criminal property. However, he denied charges of fraud and possessing an article for use in fraud.Southwark Crown Court heard how Mr Rice had earlier rented another landlords Kensington house under a false name and secured a 489,235 loan on the property from Lloyds TSB. The money transfer was eventually cancelled at the last minute.Mr Rice will be sentenced later this year. In the meantime, landlords must make sure all confidential post is re-directed to a suitable address to avoid suffering the pitfalls undergone by Mr Stratton and those landlords whose properties are being sub-let.]]></description>
<category><![CDATA[Residential Property]]></category>
<pubDate>Tue, 10 Aug 2010 13:48:20 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/landlord-identify-theft-warning-as-tenant-sells-property-225/</guid>
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<title><![CDATA[Co-ownership of Property - Pitfalls to be Aware of]]></title>
<link>http://blog.lblaw.co.uk/co-ownership-of-property-pitfalls-to-be-aware-of-208/</link>
<description><![CDATA[
Former co-habitees Leonard Kernott and Patricia Jones took their legal battle to The Court of Appeal in May this year.  
Miss Jones and Mr Kernott had bought a property together in 1985 with a deposit provided by Miss Jones, together with a mortgage - the repayments of which were shared between them.  The property was in their joint names.  
In 1993, Mr Kernott moved out and Miss Jones remained in the house with their 2 children, she continued to make all the mortgage repayments.  Mr Kernott subsequently purchased another property and approximately 12 years after their separation, Mr Kernott sought a payment of his half (50%) of the property he had jointly purchased with Miss Jones.
Miss Jones issued proceedings to seek a declaration that she owned the entire beneficial interest in the property (100%).  At the first hearing, the court decided Miss Jones should have 90% and Mr Kernott should have 10%, this decision was appealed by Mr Kernott.
The Appeal decided that declaring the share of the joint interest in the property as a 90% - 10% split was wrong.  The conveyance into joint names created joint beneficial interests in the property and the parties agreed, when they separated, that they had equal shares.  Just because Mr Kernott had taken 12 years to seek his share did not mean Miss Jones had acquired a greater than 50% interest in the property.  The court ruled that if Mr Kernott and Miss Jones had truly intended for Mr Kernotts beneficial interests to reduce post-separation then they would have acted accordingly and adjusted their beneficial interests.
This acts as a warning to anyone purchasing residential accommodation, particularly if they are unmarried.  It is important that they address their minds to the size and therefore fate of their respective beneficial interests at the point of purchase, separation and thereafter and ensure, if necessary, the appropriate legal advice should be sought and clearly documented.
If you would like advice on situations such as this, contact me on 01743 280280 or email me at sue.hodgson@lblaw.co.uk.]]></description>
<category><![CDATA[Divorce and Family]]></category>
<pubDate>Tue, 08 Jun 2010 10:00:27 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/co-ownership-of-property-pitfalls-to-be-aware-of-208/</guid>
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<title><![CDATA[Make Sure you have Planning Consent Before Starting to Build Your Dream Home]]></title>
<link>http://blog.lblaw.co.uk/make-sure-you-have-planning-consent-before-starting-to-build-your-dream-home-202/</link>
<description><![CDATA[Robert Fidler built his castle complete with turrets, but without any planning, as he was relying on the fact that enforcement for the lack of planning for a residential dwelling cannot take place four years after completion.Mr Fidler had erected his castle under the cover of straw bales and tarpaulins, once it was completed he kept the castle hidden for over four years, only then did he remove the straw bales and tarpaulins in order to reveal his masterwork to the world!Unfortunately for Mr Fidler the Planning Authority were  unhappy with his construction and took enforcement action, which was upheld by the Government planning inspector and further upheld by the High Court.  Mr Fidler had been relying on a technicality that would have allowed his deceit to be successful however blatant.  The High Court upheld the fact that the removal of the straw bales and the tarpaulins constituted building operations, and therefore the building works had not been completed until the removal of these materials, which meant four years had not lapsed.  Sadly for Mr Fidler he will have to demolish his castle.The parallel to Mr Fidlers case is Alan Beesley, who managed to erect a residential dwelling inside a barn.  Mr Beesley obtained planning permission for a hay barn but proceeded to construct a building which was fitted out internally as a dwelling.  He then proceeded to live in the dwelling for a period exceeding four years.  The building externally appeared to be a barn, although Mr Beesley made it clear his intention was to erect this dwelling from the outset, unlike Mr Fidler this deliberate deceit was successful. The Local Authority was unable to take enforcement action and the Court held that Mr Beesley was entitled to a certificate of lawfulness of existing use.Clearly, reading the two stories above, sound planning advice is paramount if you are considering building a property.  If you have any planning issues, or would like to ask any questions regarding planning proposals, contact Praveen Chaudhari on 01952 211004 or Rebecca Simcock on 01743 280253 or email praveen.chaudhari@lblaw.co.uk or rebecca.simcock@lblaw.co.uk.]]></description>
<category><![CDATA[Planning]]></category>
<pubDate>Thu, 13 May 2010 12:15:04 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/make-sure-you-have-planning-consent-before-starting-to-build-your-dream-home-202/</guid>
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<title><![CDATA[New Consumer Code for Home Builders]]></title>
<link>http://blog.lblaw.co.uk/new-consumer-code-for-home-builders-196/</link>
<description><![CDATA[
A new Consumer Code for Home Builders came in to effect on 1 April 2010. 
Although participation in the code is voluntary as the majority of new homes sold in the UK are sold with the benefit of a NHBC guarantee or LABC New Home Warranty or Premier Guarantee, participating builders will be required to comply. 
The Code only applies to newly constructed properties.  Its aim is to ensure that buyers are treated fairly and given reliable information and access to a low cost dispute resolution service if problems occur.  The Code specifies the information to be included in the reservation agreement where this is signed on or after 1 April 2010.  All sales and marketing material must be truthful and clear. 
The Code also provides that the builder is no longer entitled to restrict the buyers choice of solicitor to deal with the purchase.  Many builders had provided incentives to buyers along the lines that their legal fees would be paid if they used an approved solicitor.  This would now be a breach of the Code. 
The Code also contains provisions which prevents builders from seeking to retain deposits paid when signing a reservation agreement, if the agreement is subsequently cancelled.  The buyer must be informed in advance if any deductions are to be made from the reservation fee. 
The Code also contains provisions governing changes to the specification after exchange of contracts has taken place.  If the builder wants to alter the design construction or the materials to be used in the property which would significantly and substantially alter its size, appearance or value then the builder must formally consult the buyer and obtain their agreement. 
If the builder fails to comply or if the buyer does not agree to the changes, then the buyer has the right to terminate the contract and to recover the deposit and reservation fee in full. 
The Code also introduces provisions to the effect that the buyer must be given accurate information about the proposed completion date.  The buyer has a right to withdraw from the contract if there has been an unreasonable delay. 
One of the most significant changes introduced by the Code is that the builder must have a in place a formal complaints procedure, and deal with complaints within a reasonable period of time. 
The Code also introduces a formal independent procedure for the resolution of disputes which can be referred to an Adjudicator.  However the maximum level of award which can be made by the Adjudicator is 15,000.  The new scheme would be a cost effective way for buyers to resolve low value disputes. 
It remains to be seen what impact the new Code will have as compliance is not compulsory, and it will only apply to members of the warranty schemes provided by NHBC, LABC or Premier Guarantee.  However, if a builder should fail to comply with the Code it faces the sanction of being removed from the relevant home warranty providers register and exclusion from other registers.  This will no doubt affect the saleability of its properties in what remains a difficult market. 
For more information contact Sue Haylock on 01743 280280 or email her at sue.haylock@lblaw.co.uk.
 ]]></description>
<category><![CDATA[Dispute Resolution]]></category>
<pubDate>Mon, 19 Apr 2010 19:36:15 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/new-consumer-code-for-home-builders-196/</guid>
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<title><![CDATA[An Insight into the Complicated Topic of Proprietary Estoppel]]></title>
<link>http://blog.lblaw.co.uk/an-insight-into-the-complicated-topic-of-proprietary-estoppel-191/</link>
<description><![CDATA[
The legal world is never boring or straightforward as the case of Cook-v-Thomas demonstrates; it highlights the difficulties faced by occupiers of land seeking to claim a legal interest on the basis of the principles of proprietary estoppel and constructive trust.
The claimant, Mrs Cook (now aged 92) and her husband acquired a farm in Ross-on-Wye in 1959.  Their daughter Pauline (now aged 60), the First Defendant worked on the farm and ran a riding school. 
Pauline married in 1990, it seems her parents were unhappy at the marriage and the parties did not speak for the next 5 years.  Mr Cook died in 1995 and Mrs Cook became the sole legal owner of the farm.  Things had improved by 1996 when Pauline and her husband moved back to the farm living initially in a mobile home.  They took over the running of farm and carried out extensive repairs to the farm buildings and the farmhouse itself. 
Pauline and her husband then moved into the farmhouse in 2001, but they fell out with Mrs Cook again in 2002.  Despite the fact that they were not on speaking terms, they all remained living together in the farmhouse.  
In 2008 Mrs Cook issued legal proceedings seeking to evict her daughter and son-in-law.  The Defendants argued that Mrs Cook should be precluded from enforcing her strict legal rights to obtain possession on the basis they had a right to occupy the farm for the rest of her life, and to acquire the property in the event of her death. 
The Defence was based upon on a number of legal principles including proprietary estoppel, constructive trust and unjust enrichment.  The Defendants relied upon the fact that over the years Mrs Cook had made four promises to the effect that if Pauline and her husband were to move into the farmhouse to look after her, she would allow them to live there and farm the land for as long as they wanted, and to inherit the farm in the event of death.  The Defendants claimed that in reliance upon such promises, they acted to their detriment in undertaking various works of improvement to the farmhouse and they took over the responsibility of running the farm.  Mrs Cook disputed that any such promises or assurances had been given. 
The Judge at first instance found that two of the promises did not amount to a commitment that the Defendants could remain in the farmhouse, that one of the promises had not in fact been made and that a third promise that its all going to be yours when I am gone, was not a representation giving rise to an estoppel and the Defendants did not rely upon in it in any event. 
The Court of Appeal found there was no basis upon which to challenge the decision of the trial Judge and dismissed the appeal.
To establish a proprietary estoppel claim it is necessary to show that the owner of the legal interest has made an express oral representation in terms that the non-owning party will acquire a beneficial interest in the property, which the non-owning party then relies upon to their detriment. 
The court in this case found that the acts of reliance, claimed by the Defendants including the running of the farm and improvements to farmhouse, were undertaken for their own personal benefit.  The court also considered that the comments made by Mrs Cook, to the effect that she would make a will in her daughters favour, could not be regarded as a representation to the effect that she was to have a present proprietary interest in the farm, the comments were simply an expression of her intention.
This case illustrates the difficulties involved in bringing such claims, and the substantial evidential burden which the non-owning party is required to overcome.  Promises made by parents, to the effect that they will leave their property to the children in the event of their death, are no more than an expression of intent and cannot be relied upon to establish a claim to an interest in property.  
The case also emphasises the importance of obtaining independent legal advice at the outset if you are intending to share occupation of property particularly with other family members. 
For more information, or to speak to Sue, call her on 01743 280280 or email her at sue.haylock@lblaw.co.uk. 
 ]]></description>
<category><![CDATA[Dispute Resolution]]></category>
<pubDate>Tue, 06 Apr 2010 17:41:21 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/an-insight-into-the-complicated-topic-of-proprietary-estoppel-191/</guid>
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<title><![CDATA[Life of a Trainee Solicitor at Lanyon Bowdler]]></title>
<link>http://blog.lblaw.co.uk/life-of-a-trainee-solicitor-at-lanyon-bowdler-174/</link>
<description><![CDATA[Despite the fact it only seems like yesterday that I was entering, with dread, the conference room at Telford for a final grilling from Garry Richards, John Merry & Lisa Grimmett to gain a position as a trainee at LB, I am now entering my fourth and final seat.  This worries me for two reasons first, I cannot believe how quickly time has passed and second and by far the most  worrying, I am due to qualify as a solicitor in a little over 6 months time!!!My journey started in the Personal Injury department where I had a fascinating insight into the world of a PI lawyer.  Luckily I timed it just right as there was a lot of activity on a number of big cases during my 6 months.  I went to a trial, a three day inquest, a couple of settlement meetings, numerous conferences with Counsel in particular one with a very eloquent QC and a contested costs hearing which showed me the importance of accurate time recording and attendance notes.  I also learnt how to use apostrophes properly and believe I am a dab hand now!I spent my second seat in the Private Client department.  This was a seat that I had always wanted to do and so was really looking forward to it  and it did not disappoint!  I was given tasks such as drafting Wills & Trust documents and updating Trust accounts.  I also had a crash course in using Excel spreadsheets and since I am a bit of a technophobe this was a challenge.  After many assurances that I couldnt delete/ruin/re-write the precedents that had been carefully created I think I learnt to embrace them with less trepidation than I started with, I even use them for my hockey accounts now!  For my third seat I chose Property.  I became suspicious a week before I was due to start when people came up to me saying, apropos of nothing, dont worry, youll be fine, sometimes getting thrown in at the deep end is a good thing!.  What could this mean, I wondered?  A week later, I found out!  I can certainly say my first two months in property, more specifically residential property, were a baptism of fire!  However what I can also say is the responsibility of ensuring the sale and purchase of someones home went through smoothly was a career-enhancing experience.  It was somewhat of a relief though to hear after two months that I would be moving to the Commercial and General property department, dealing with plot sales three days a week and assisting on other matters the remaining two.  Despite my initial thoughts that I was not going to enjoy property, this has been my favourite seat so far and I have decided it is the area of law that I would like to qualify into  not such great timing given the economic situation at present I know!Being a trainee at LB has lived up to all my expectations (and more, I didnt know it was a pre-requisite that LB trainees must sign up to the LB netball team!)  it really is a great place to undertake your legal training.  I have found everyone to be approachable and helpful and am impressed at the level of expertise and attention to detail that all the Partners Ive trained with demonstrate, it really is something to aspire to in the future.  Trainees are given proper work to do and real responsibility so we get to know what it truly is like to be a solicitor meaning I will be fully equipped to qualify in September.  Although my current supervising Partner did exclaim the other afternoon trainees are not what they used to be! on seeing my attempt at photocopying an extract of a rather large Land Registry plan which ended up as a tiny plan crammed  into the top left hand corner of the page!  Better brush up on my photocopying skills before I get admitted to the roll!So, the fact that the past couple of years have flown by is perhaps a true indication of what it is like to be a trainee at LB, after all as the saying goes time flies when youre having fun!]]></description>
<category><![CDATA[Lanyon Bowdler News]]></category>
<pubDate>Mon, 08 Feb 2010 10:38:40 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/life-of-a-trainee-solicitor-at-lanyon-bowdler-174/</guid>
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