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Former SCANA nuclear executive pleads guilty to fraud

Former SC utility CEO pleads guilty to nuclear plant fraud
The utility executive who spent billions of dollars on two South Carolina nuclear plants that never generated a single watt of power pleaded guilty in two courts,
By MICHELLE LIU Associated Press/Report for America, 25 February 2021,   COLUMBIA, S.C. — The utility executive who spent billions of dollars on two South Carolina nuclear plants that never generated a single watt of power pleaded guilty to federal conspiracy charges Wednesday.

Former SCANA Corp. CEO Kevin Marsh will likely spend two years in prison and pay $5 million back to ratepayers, per the plea agreement prosecutors presented to U.S. District Judge Mary Geiger Lewis in Columbia.

Marsh’s formal acknowledgement of his role in the conspiracy to commit wire and mail fraud comes more than three years after the project imploded publicly and federal and state agencies began investigating.

Marsh, 65, will be free on bond as he cooperates with federal authorities until he is formally sentenced. He headed to Spartanburg in the afternoon to plead guilty on a state charge tied to the investigation. Officials said he will serve any state sentence he receives concurrently with his federal sentence.

A judge will hand down the final sentence after the investigation concludes. Prosecutors haven’t given indication of when that might be.

Marsh and other executives insisted the project to build the two reactors at the V.C. Summer site north of Columbia was on track ever since it started in 2008. The company hiked rates on customers nine times between 2009 and 2017 to help fund the project.

Prosecutors said that as the project lagged, Marsh lied repeatedly to investors, regulators and the media, claiming the reactors would be making power by a 2020 deadline to get $1.4 billion in federal tax credits needed to keep the $10 billion project from overwhelming SCANA and its subsidiary, South Carolina Electric & Gas.

An independent report commissioned by SCANA in 2015 estimated the reactors would not be finished in 22 years. Executives fought to get the estimate removed from the copy of the report shared with state-owned utility Santee Cooper, which held a 45% stake in the new reactors, prosecutors said.

Santee Cooper ended up $4 billion in debt from the project. Lawmakers are still arguing over whether to sell or reorganize the utility.

Dominion Energy of Virginia bought out SCANA in 2019 after the former Fortune 500 company was crippled by the nuclear debacle.

In December, the Securities and Exchange Commission said both SCANA and its subsidiary agreed to settle a civil lawsuit filed by the SEC in February for $137.5 million, including a $25 million civil penalty.

Former SCANA Executive Vice President Stephen Byrne pleaded guilty to federal charges similar to Marsh’s in July. He is also awaiting sentencing. AT TOPhttps://abcnews.go.com/Technology/wireStory/sc-utility-executive-plead-guilty-courts-76084865

February 25, 2021 Posted by | Legal, secrets,lies and civil liberties, USA | Leave a comment

New nuclear build for South Africa would face legal stumbling blocks

Nersa warned nod for nuclear build would face legal stumbling blocks

Court is likely to regard decision to pursue a plant as irrational, regulator told at public hearing, 23 FEBRUARY 2021 – LISA STEYN

Any decision to pursue a 2,500MW nuclear build will likely be seen as irrational and unreasonable if tested in court, the National Energy Regulator of SA (Nersa) heard on Tuesday.  Should the regulator be given the green light for a nuclear build, it would lead to “severe legal complications”, Anton van Dalsen, legal counsellor for the Helen Suzman Foundation, warned Nersa… … (subscribers onlyhttps://www.businesslive.co.za/bd/national/2021-02-23-nersa-warned-nod-for-nuclear-build-would-face-legal-stumbling-blocks/

February 25, 2021 Posted by | Legal, South Africa | Leave a comment

Bulgaria prosecutes former energy ministers over mismanagement of Belene nuclear power project

Intellinews 13th Feb 2021, Bulgaria’s prosecution has filed charges against former energy ministers Rumen Ovcharov and Petar Dimitrov over mismanagement that led to a loss of around BGN500mn (€250mn) related to the project to build the Belene nuclear power plant, the Anticorruption Fund NGO said in a statement on February 12.

There was no official statement from the prosecution, but the NGO has published a photo of the documents. The accusations against the two former ministers and two former executive directors of the state-owned National Electricity Company (NEC), Mardik Papazyan and Lyubomir Velkov, were raised back in 2016 when the prosecution launched an investigation. It
claims the two former ministers failed to exercise sufficient control over the executive directors of NEK when they allowed them to sign a deal with Atomstroyexport on the nuclear power plant at Belene.

https://www.intellinews.com/bulgaria-s-prosecution-files-charges-against-former-ministers-over-belene-nuclear-project-202852/

February 15, 2021 Posted by | Bulgaria, Legal | Leave a comment

U.S. Dept of Justice gets the resignation of attorney who launched Ohio nuclear corruption probe

February 11, 2021 Posted by | Legal, USA | Leave a comment

Court orders Tokyo Electric Power Company pay ¥600 million to 271 plaintiffs

Japan Times 10th Feb 2021, A court has ordered Tokyo Electric Power Company Holdings Inc. to pay a total of some ¥600 million to 271 plaintiffs over an evacuation caused by
the 2011 nuclear disaster. The Iwaki branch of Fukushima District Court
reached its conclusion Tuesday in a lawsuit filed by 297 plaintiffs —
which included residents of the heavily affected Yamakiya district in the
town of Kawamata who were ordered to evacuate — seeking ¥14.7 billion in
damages from Tepco.

The plaintiff side expressed its intention to appeal to
a higher court. The suit is the second in a series filed by evacuees who
left their homes due to the triple meltdown at Tepco’s Fukushima No. 1
nuclear power plant triggered by the March 2011 earthquake and tsunami. The
plaintiffs excluded the state from the suit as it hoped to achieve an early
resolution.

https://www.japantimes.co.jp/news/2021/02/10/national/crime-legal/tepco-ordered-pay-%c2%a5600-million-2011-nuclear-disaster/

February 11, 2021 Posted by | Japan, Legal | Leave a comment

Australian uranium mining company threatens Spanish government with legal action

Miner threatens Spain over uranium ban, Cosmo Sanderson, 01 February 2021

An Australian company developing a controversial €450 million uranium project has threatened to bring an arbitration against Spain over a proposed law banning mining of the material……  (subscribers only)   https://globalarbitrationreview.com/miner-threatens-spain-over-uranium-ban

February 4, 2021 Posted by | Legal, Spain, Uranium | Leave a comment

Use of illegal workers at France’s Flamanville nuclear site.

Mediapart 14th Jan 2021, After having exhausted all possible remedies, Bouygues is definitively convicted of having used on a large scale undeclared employees on the site of the EPR of Flamanville (Manche).

In a judgment delivered Tuesday, January 12, the Court of Cassation rejected the requests of the
French public works giant and two of its satellites. Through them, Bouygueshad illegally employed at least 460 Romanian and Polish workers between 2008 and 2012, on this site of the new generation reactor, essential for EDF (owner of the site) and Areva (which ensures the construction).

https://www.mediapart.fr/journal/france/140121/bouygues-definitivement-condamne-pour-le-chantier-de-l-epr-flamanville

Acrimed 29th Jan 2021

https://www.acrimed.org/EPR-de-Flamanville-la-condamnation-de-Bouygues

February 1, 2021 Posted by | France, Legal | Leave a comment

Tokyo High Court holds TEPCO responsible for Fukushima nuclear crisis

 

No wonder that the global nuclear industry is hellbent on nationalising itself – so that the taxpayer is responsible.  Nobody will want to invest in private nuclear companies after this.

High court denies government responsibility for Fukushima nuclear crisis,  Japan Times, 22 Jan 21The Tokyo High Court on Thursday ordered the operator of the crippled Fukushima No. 1 nuclear power plant to pay damages to evacuated residents, but it overturned an earlier ruling by Maebashi District Court that had also acknowledged the central government’s responsibility over the 2011 nuclear crisis.

Among around 30 such lawsuits across the country, the decision of the Tokyo High Court was the first high court ruling absolving the state of responsibility, contradicting an earlier decision of the Sendai High Court in September that ordered both the state and Tokyo Electric Power Company Holdings Inc. to pay damages.

The government’s failure to instruct Tepco to take measures against tsunamis “is not found to be significantly unreasonable,” Presiding Judge Akira Adachi said in handing down the ruling.

The lawsuit focused on the reliability of an official long-term quake assessment made in 2002, which has been used in previous rulings to determine the liability of the state and Tepco for their failure to prevent the nuclear disaster.

Adachi noted the assessment had caused a debate since its release, and that the government was unable to predict a huge tsunami.

Implementing measures such as constructing seawalls would not have prevented the tide from entering the nuclear plant, he added.

Thursday’s ruling instead ordered Tepco to pay a total ¥119.72 million to 90 plaintiffs, more than triple the amount awarded in the lower court ruling. ………..https://www.japantimes.co.jp/news/2021/01/21/national/crime-legal/government-denies-fukushima-responsibility/

January 23, 2021 Posted by | business and costs, Japan, Legal | Leave a comment

A view from the law: The Danger Of Sole Presidential Authority Over Nuclear Weapons

Without being removed from office, in the absence of a Senate trial, could a leader described as “increasingly isolated, sullen and vengeful” be a dangerous decision-maker with the world’s deadliest arsenal, and what is US policy and law with respect to the limits on such authority?
The Congressional Research Service notes that Presidents have sole authority to authorize U.S. nuclear weapons use, inherent in their constitutional role as Commander in Chief.

January 21, 2021 Posted by | legal, USA, weapons and war | Leave a comment

Profound questions raised by the employment tribunal case; bullying at Sellafield nuclear site?

Byline Times 15th Jan 2021, An employment tribunal case that has been running for more than two yearshas started to raise profound questions over management at Europe’s
largest nuclear reprocessing plant, the ability of the employment tribunal
system to defend the rights of whistleblowers, ethical conduct by major law firms, and a conflict of interest at the Equality and Human Rights Commission.

The case of McDermott versus Sellafield, the Nuclear
Decommissioning Authority and former Sellafield HR director Heather Roberts
has been brought under the Public Interest Disclosure Act 1998 – also
known as the Whistleblowers’ Act. Alison McDermott, an HR professional
and diversity specialist, claims that the sudden termination of her
freelance contract in October 2018 by Sellafield was linked to her
protected disclosures containing evidence of systemic bullying, and racist
and sexist incidents at the Sellafield site in Cumbria.

https://bylinetimes.com/2021/01/15/it-causes-life-altering-trauma-to-those-who-speak-out-in-public-interest-going-nuclear-on-whistleblowers-rights/

January 18, 2021 Posted by | civil liberties, employment, Legal, UK | Leave a comment

Amid ongoing lawsuits about nuclear corruption, Ohio regulators will stall the nuclear bailout law

January 14, 2021 Posted by | legal, politics, USA | Leave a comment

According to experts, the U.S. military cannot legally prevent Trump’s accessto nuclear codes

January 11, 2021 Posted by | legal, politics, USA, weapons and war | 2 Comments

An act of love — Beyond Nuclear International

Courts threaten freedom of Russian nature protector

An act of love — Beyond Nuclear International 

Lyubov Kudryashova loves nature. Now she may be jailed for defending it

By Jack Cohen-Joppa

In Russian, her name means love. And it’s true. Lyubov Kudryashova loves the broad valley of Russia’s Tobol River, where it meanders out of Kazakhstan into the Kurgan Oblast. Her grandfather is buried there, she was born there, and she’s raised three sons there. As far as she knows, her ancestors have always lived there.

There, below the southern Urals, frigid continental winters give way to spring floods that inundate a landscape of oxbow lakes, wetlands, forests and fields. The waters sustain a large aquifer that Russia recognizes as a strategic reserve of fresh water.

“We, native people of the land, are against a barbaric attitude towards nature,” she says. “But our voices are too low.”

Which is why the passion of this campaigning environmentalist and entrepreneur has been met with fabricated charges of encouraging terrorism via the internet. She’s now on trial in a military court in Yekaterinburg, six hours away from her small town.

But Lyubov Kudryashova will not be spurned. “My ecological activity is going to continue. Well, I guess till the day the unjust court could takes away my freedom.”

In 2017, the government awarded an operating license for borehole leeching of uranium to Dalur, a uranium mining subsidiary of the Russian state nuclear agency Rosatom. The license to tap the Dobrovolnoye deposit around the village of Zverinogolovskoye condemned the very farmland Kudryashova’s father managed when she would accompany him as a child.

Dalur has two other leaky in-situ uranium projects in the Kurgan. 

Many Tobol Valley residents feared environmental disaster when they learned that hundreds of exploratory wells would be drilled through the aquifer into the mineral deposit lying beneath it, without any public environmental review. Borehole leeching would eventually involve drilling thousands of wells and the injection of a million tons of sulfuric acid over 20-30 years, then withdrawing the dissolved minerals and chemically extracting the uranium. 

Several times, activists tried to start a referendum and demand an independent environmental review, but met only refusals from the local officials.

Last fall, environmentalists surveyed some of Dalur’s other boreholes in Kurgan and documented much higher radiation levels than permitted. Despite the concerns, construction began on an in-situ leaching pilot plant and the huge clay-lined “mud pits” needed to receive the massive volume of toxic, acidified sludge produced in the process.

Beginning in 2017, Kudryashova was involved in the legal case against the Russian Federation over its refusal to conduct an environmental impact assessment before awarding the license to develop the mine. 

That year, she also co-founded the Public Monitoring Fund for the Environmental Condition and the Population Welfare with the regional branch of the Communist Party of the Russian Federation. One month later, a judge of the Kurgan Regional Court issued an order giving the Russian Federal Security Service (FSB) authority to wiretap her telephone.

The Fund publishes information on the environmental impact of Dalur’s mining activity. Kudryashova writes, “Shortly after the completion of the case in the Supreme Court of the Russian Federation and the registration of the environmental fund, a hidden judgment of another court was rendered that allowed the FSB to begin wiretapping my phone and, I believe, begin to look for fictitious crimes in order to stop my work.

“I guess money is more important than the radioactive contamination of land,” she observed.

So it was that on January 29, 2019, armed men led by an FSB captain broke into her family’s home and spent the day searching it. That summer the FSB got a local court to involuntarily commit Kudryashova to the Kurgan District Psychiatric Hospital for most of the month of July. She was kept from speaking with family or others outside without permission of the agency.

Then in March 2020, the FSB charged Kudryashova with 12 counts of “public justification of terrorism using the Internet” based on a specious forensic analysis of posts on the social network VKontakte, which, according to Kudryashova, never belonged to her page. The actual source of those posts remains unknown because the protocol and the DVD-R capturing those posts show evidence of fabrication and forgery.  And at the most recent session of her trial in late December, a CD-R the defense had presented to the court for evidence was found to have been erased by an FSB operative. 

Prosecutors say she advocated for violent overthrow of the constitutional order by re-posting memes with such seditious phrases as, “The fate of Russia is determined by each of us, what you personally or I do, then Russia will. A correct position can only be revolutionary” and “If the nation is convinced that the ruling power in the state is directed not at the development of its cultural, economic and other needs, but, on the contrary, at trampling them, then it is not only the right, but also the duty of the nation to overthrow that power and establish one corresponding to the national interests of the people.”

Kudryashova writes, “Nonviolent ecological activism, in the understanding of the rulers of my country, is a crime. That’s why prisons are full of people who wanted to protect nature, but those who harmed it are free… Ecological crimes against present and future generations are not subject to the judgement of a military court.

“I’m 55 years old and my life is not as important as the preservation of nature. My duty and responsibility are to make a small contribution in a great cause — to stop violence against nature and people. The price of atomic energy is the life of future generations.”

Her trial is in the Central District Military Court of Yekaterinburg, where the next hearing is scheduled for 28-29 January, 2021. Agora International Human Rights Group and the Memorial civil rights society in Russia have provided an attorney and other support for Kudryashova.

Letters in support of Lyubov Kudryashova and seeking dismissal of the charges against her should be addressed to the chair of the court collegium examining the case, Judge Sergei Gladkih, st. Bazhova 85, Yekaterinburg, Russia 62005, or by email to opo.covs.svd@sudrf.ru. Refer to Case №: 2-42/2020, Lyubov Kudryashova.

Jack Cohen-Joppa is the co-editor of The Nuclear Resister, the co-founder of the eponymous organization and co-winner with Felice Cohen-Joppa of the 2020 Nuclear Free Future Award in the category of Education.

 

 

January 10, 2021 Posted by | environment, Legal, opposition to nuclear, PERSONAL STORIES, politics, Reference, Russia, secrets,lies and civil liberties | Leave a comment

Judge’s refusal to extradite Julian Assange is still part of cowardly process to deny freedom of information

The personal conveniently distracts from the political in the Assange story,  https://www.theage.com.au/national/the-personal-conveniently-distracts-from-the-political-in-the-assange-story-20210107-p56siu.html

Elizabeth Farrelly   Judge Vanessa Baraitser’s refusal to extradite Julian Assange for “mental health” reasons may look humanitarian but is in fact a deft political move. In reducing what should be an argument of law and principle to a test of personality, Baraitser managed at a blow to impugn Assange’s stability, repudiate any suggestion of innocence and open the door for America to prove the comforts of its solitary confinement and thereby win his extradition.

It’s a story of many twists and turns but underlying it throughout is a profound and widespread moral cowardice.

Baraitser’s 132-page ruling found that although the UK-US Extradition Treaty of 2003 specifically prohibits extradition for “political offence”, this provision never became law in the UK and therefore has no effect. In essence, the treaty is worthless.

The court also supported all 18 of the espionage charges against Assange, arguing that WikiLeaks’ hacking and publication “would amount to” offences in English law. Baraitser identified eight charges under the UK Official Secrets Act that would be, she said, equivalent.

Interestingly, this “would have” construction does not apply to the treaty question. Had Assange engaged in the same conduct in America, targeting British government information, he could not have been extradited because America’s “monist” system regards any treaty as law once signed. So it’s ironic that undermining this particular protection is a key US argument.

Anyone who saw the 2019 docudrama Official Secrets, chronicling the leakage by GCHQ analyst-turned-whistleblower Katharine Gun of information on US-UK dirty dealing in drumming up UN support for the Iraq war, will understand just how murky and terrifying such prosecutions can become.

This fear, and the persistent cowardice of yielding to it, is the theme of Assange’s story. I’ve written about Assange several times. I visited him in Ecuador’s embassy. Yet each time, I’ve found myself reluctant.

Seven years ago, when I met him, Assange was ebullient and hopeful, even funny. Now, as Baraitser says, he is “a depressed and sometimes despairing man who is genuinely fearful about his future”. Assange, she said, was at “high risk of serious depression leading to suicide if he were to be extradited and placed in solitary confinement for a long period”.

Baraitser noted the “bleak” conditions of Assange’s likely US confinement would include “severely restrictive detention conditions designed to remove physical contact and reduce social interaction and contact with the outside world to a bare minimum”, with family limited to one supervised 15-minute phone call a month. Detailing Assange’s mental state, she opined that his risk of suicide, in such conditions, was “very high”. This is the loophole she offers the appellant US prosecutor.

Those fears – his of 175 years in solitary (honestly, who wouldn’t top themselves?) and hers of his suicide – underpin her judgment. But there are other, more insidious fears at play here.

Such fears, I see now, feed my reluctance to revisit the Assange story: fear, in particular, of confronting the terrifying truth about our imperial system. Regardless of Assange’s innocence or guilt, the simple facts of what our controlling powers can do to you if you step out of line are terrifying.

But this small, individual fear also operates, very effectively, at nation level.

From the start, the case against Assange has contrived to turn issues of principle into questions of personality. The initial Swedish rape charges, since dropped for lack of evidence as the witness’s recollections after so long were clouded, were extremely personal, spinning off the cancellation of his credit cards upon his arrival in Stockholm, forcing him to accept hospitality; the seductions, the sex – which everyone agrees was consensual – his failure to wear a condom although asked and reluctance to take an STD test. Then the left turned against him because of the Clinton leaks – which one suspects would have been fine, had they been directed at the other side – and perceptions about Assange’s ego. He was vain, it was said, and narcissistic. As if that itself were a crime, reason enough to let him rot in solitary.

The personal and emotive nature of all this – the Swedish prosecutor’s refusal to interview him in London, Britain’s willingness to imprison him for a year on bail charges, America’s determination to prosecute him for exposing their war crimes (in the Iraq War Logs of October 2010 and the film Collateral Murder showing air crew shooting unarmed civilians from a helicopter) and the description of WikiLeaks by US Secretary of State Mike Pompeo as “a hostile non-state intelligence service” – all suggest a bigger picture, and smaller values, than mere truth or justice.

It’s often said that Assange endangered the lives of US informers but, as Baraitser notes, no causality has been shown. Even the Senate Committee on Armed Service said, “the review to date has not revealed any sensitive sources and methods compromised by disclosure”. It is said that Assange, by dumping hacked emails from Hillary Clinton’s campaign, gave us Trump. But if she was engaged in skulduggery as alleged, wasn’t it better for the world to make its own judgment?

When you look coldly at the facts it’s hard not to suspect that Sweden was coerced into the original charges and that Britain and Ecuador have been similarly pressured. Certainly Australia’s persistent refusal to intervene for Assange, an Australian citizen who has broken no Australian law, suggests a similar abject timidity in the face of US might.

This is cowardice. It’s yielding to a fear we feel but rarely confront: the existential fear that at some lofty level, morality doesn’t apply. Up there in the imperial military-industrial complex, justice, freedom, truth are only words. Up there it’s a whatever-it-takes kinda world. The bad guys are in charge.

That’s the fear that guys like Assange and Edward Snowden make us confront. And it’s why they deserve, at the very least, a fair and open trial.

January 9, 2021 Posted by | Legal, secrets,lies and civil liberties, UK | Leave a comment

Assange denied bail after extradition blocked, will appeal to UK High Court

Assange denied bail after extradition blocked, will appeal to UK High Court, WSW

Thomas Scripps, 6 January 2021 WikiLeaks founder Julian Assange has been denied bail and continues to be held on remand in Belmarsh maximum-security prison.

District Judge Vanessa Baraitser handed down the decision Wednesday in Westminster Magistrates Court, after ruling on Monday against Assange’s extradition to the United States on mental health grounds. Assange will remain in custody until the prosecution’s appeal of that ruling is heard.

WikiLeaks editor-in-chief Kristinn Hrafnsson announced afterwards that Assange’s legal team would be taking the bail decision to the High Court.

Baraitser’s refusal to grant bail confirms that her decision not to extradite was motivated by political considerations and not any genuine concern for Assange’s health. Assange will be kept in conditions which have had a grave impact on his mental health, during a massive escalation of the UK’s COVID-19 epidemic.

Speaking to the Sydney Morning Herald Tuesday, Nick Vamos, former head of special crime and head of extradition at the Crown Prosecution Service, indicated that the appeal process would likely take two to three months.

In her decision, Baraitser accepted the prosecution’s insistence that Assange’s flight into the Ecuadorian embassy in 2012—after a UK court had granted him bail in connection with Sweden’s trumped-up sexual assault investigation and extradition request—was proof of his willingness to abscond in the future. This is an absurd and vindictive position……..

Assange now has a court ruling in his favour. He is, regardless, prepared to submit to stringent bail conditions amounting to effective house arrest with a GPS tag—conditions which have allowed terror suspects to receive bail. His experience of claiming asylum in an embassy has proved it “unpleasant”, in Fitzgerald’s words, and led “to him being effectively confined for some seven years” before having his asylum revoked. “That is not something that he is ever likely to repeat.”

Assange also now has a family, a partner and two children, in the UK. Besides being a reason for Assange not to abscond, Fitzgerald argued, his family provides significant human rights grounds for his release on bail. On account of COVID-19 restrictions in the prison, Assange “hasn’t seen his family in person since March 2020”. He has never been able to live with them, having spent 15 months held on remand pending his extradition hearing.

Assange’s family, Fitzgerald noted, is highly relevant to the question of his mental and physical wellbeing. “The grant of bail”, he said, “would allow actual physical contact with his family, that would… alleviate mental distress”.

Baraitser had acknowledged the benefit of his family’s support to Assange in her ruling on extradition, which described him as a “depressed and sometimes despairing man, who is genuinely fearful about his future.”

Bail would also “considerably reduce” the risk of Assange’s exposure to COVID-19. Fitzgerald pointed to the “severe outbreak” of the virus suffered by Belmarsh Prison recently and said there had been 59 positive cases prior to Christmas. He added, “on any view, the position [the state of the UK’s epidemic] is worse now and, on any view, he would be safer isolating with his family than if he was in Belmarsh.”

Baraitser dismissed these concerns, declaring “this prison is managing prisoners’ health during this pandemic in an appropriate and responsible manner.”………. https://www.wsws.org/en/articles/2021/01/07/assa-j01.html?pk_campaign=assange-newsletter&pk_kwd=wsws

January 9, 2021 Posted by | Legal, UK | Leave a comment