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skip to content insert witticism here not blogging. it’s interesting to see how the world has moved on in terms of communication. even in longform, most people will post on something like medium. this blog is an anachronism: but one i’m not willing to turn off <i>quite</i> yet. author alan fleming posted on july 9, 2018 categories miscellaneous leave a comment on not blogging. calculate your open university law degree classification sometime ago i posted a link to another blog containing a link to a degree classification calculator for open university degrees. however, the way the classification is calculated for ou law degrees is slightly different. luckily, it’s pretty simple to work out. the ou law degree consists of 4 mandatory courses: w200, w201, w300 and w301. for w200 and w201, multiply your grade (1−−4) for each course by 60. for w300 and w301, multiply it by 120 (to reflect the degree of significance for these courses). take those four numbers and add them together. their sum will give your class of degree: 630 or fewer — first class honours 631−−900 — upper second class honours 901−−1170 — lower second class honours 1171 or more — third class honours there is one trick to this. if you have a poor result in either w200 or w201, you can replace half of it with a better result in one of the law short courses: w221, w222, w223 or w224. for example: grade 3 pass of w200: 3 × 60 = 180 points. grade 3 pass of w200 and a grade 1 pass of w223: 3 × 30 plus 1 × 30 = 120 points that can be enough to pull you up a grade! just for completeness — while you need to sit 360 points’ worth of courses, it is (with the exception noted above) only the 240 points of the mandatory law courses that count to your law degree classification. source: (and a really useful read for all ou law students) choosing your path to an open university law degree: a guide author alan fleming posted on november 1, 2011 november 23, 2011 categories miscellaneous case comment: fallows v harkers transport (royal and sun alliance, vehicle insurance) mr fallows’ car was damaged by a vehicle owned by the defendants. liability was not an issue. mr. fallows’ vehicle was insured by royal and sun alliance, who sought to recover their costs from the defendant’s insurers. the costs were £1825.53. not a large sum. however, the defendants objected. the reason for the objection was that royal and sun alliance arranged repair via a wholly-owned subsidiary, which then contracted with a subcontractor, who actually repaired the vehicle. the subcontractor billed the subsidiary the sum of £1542.78. the subsidiary added on further costs, and billed royal and sun alliance. in romford county court, the defendants questioned the sum claimed. it was held that, given the duty to mitigate, the best evidence of reasonable cost of repairs was that which rsa’s subsidiary negotiated with the subcontractor. there was no evidence that rsa itself could only negotiate a higher price. while administration costs have been allowed by the courts in the past, there are no decisions allowing them to a subrogated insurer, let alone a subrogated insurer’s subsidary. and in counterbalance, there are decisions where administration costs have been disallowed. the judge (platt j) said: since rsaarl is wholly owned by rsa the effect of these extra charges if they are paid by defendants is simply to boost rsa group’s profits beyond the actual cost of repair by the margins inserted by rsaarl. i can find no basis in law for saying that this is a course of action which a claimant insurer is entitled to take [..]. on the evidence the defendant has clearly established a failure to mitigate on the part of the claimant. now that this judgment is public, the utility of this business arrangement to rsa is probably moot. other insurers could use the same model. this however was found to be likely to lead to an increase in costs to the insured members of the public of some 25%. rsa were held liable in costs to the defendant — exceedingly unusual in a small claim. even though they were the claimant, they almost completely failed to comply with pre–action protocol and with the court–ordered discovery process. for example, the existence of a formal invoice from the repairer to rsa’s subsidiary was not disclosed, even once its existence had become apparent during the trial. permission was given to appeal. judgment in the case can be found on bailii at fallows v. harkers transport (a firm) [2011] ew misc 16 . author alan fleming posted on september 15, 2011 september 15, 2011 categories comment , law 1 comment on case comment: fallows v harkers transport (royal and sun alliance, vehicle insurance) your data in the cloud is not secure from the us government data storage in the cloud is clearly the where things are moving just now. given the plethora of devices people have — computers at home, laptops and tablets on the move, smartphones in the pocket, it makes perfect sense for all of a person’s devices to use a single, common repository for shared information. services such as apple’s forthcoming icloud at the domestic level, and commonly–used services such as google’s google apps, salesforce.com and microsoft’s office 365 all store your data in their own clouds. you’d think that this would be done with respect to data protection laws. wrong. if the usa wants your data, the usa gets it. my friends simon bisson and mary branscombe have the details: regardless of european privacy directives and the uk data protection act, the us see the patriot act overriding these for us companies and eu subsidiaries of us companies: that means that us government can (under the auspices of the act) request the data of any individual or company that’s using us-owned or hosted services, no matter where that data is actually being held. it doesn’t matter if you’ve geo-locked your data, and it only resides in european data centres, it can still be requisitioned and taken to the us. yes, it’s an issue of national security, but when results can be found by machine learning and trawling massive data sets (the larger the better), there’s a temptation for governments to take all they can and more. undoubtedly this will lead to much hand–wringing in the eu parliament. however, what can be done? it is unlikely that the usa will give up their powers. therefore, the only solution is in the hands of individuals and companies wishing to use cloud services — only use cloud services from wholly–eu–owned companies hosting your data inside the eu. while the legal protections you will have in those circumstances are not huge, they are better than none at all. oh — an afterthought. how happy do you now feel, if perhaps you have just given a whole heap of your personal information to google, during the google plus sign–up process? author alan fleming posted on july 14, 2011 july 14, 2011 categories comment , law back up your information in google — google takeout worried about the amount of information you have stored in google services? fear not. just launched today is google takeout — which allows you to take a local backup of (so far, some of) the information stored in several of the google services. it’s not yet full–featured: it only allows backup from google buzz, contact and circles, picasa web albums and from your google profile. but the data liberation front promise to add the ability to back up other google services over time. this is their blog post announcing the service. remember: backup early, backup often. author alan fleming posted on june 28, 2011 june 28, 2011 categories technical w223: company law — got a distinction! that was unexpected! i got notif
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