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105th birthday My grandmother Hilda Brind September 6, 2001.
Collie rides horse in Devon Times Saturday August 11, 2001
Talking Point: Peter Brookes Times Monday May 21, 2001
Officer cadets granted commissions at Sandhurst Times Times April 14, 2001
Pitch doctor tells MacLaurin of grounds for complaint Times Friday March 23, 2001
Resolving conflict between irreconcilable tax statutes Times Wednesday February 21, 2001

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105th birthday

Hilda Brind celebrated her 105th birthday at an old people's home in Welwyn Garden City, Hertfordshire, on September 6, 2001. Mrs Brind has one son, five grandchildren, five great grandchildren and one great great grandchild.

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Atkinson: plain-speaking

Pitch doctor tells MacLaurin of grounds for complaint

 

FROM CHRISTOPHER MARTIN-JENKINS, CHIEF CRICKET CORRESPONDENT IN DAMBULLA

 

NO ONE knew for certain how the pitch would play for today¹s one-day international between Sri Lanka and England on the biggest, newest and surely the most rapidly produced cricket ground in history. Nor will anyone be more relieved than Andy Atkinson, the peripatetic former Warwickshire groundsman, if it performs better than most new pitches. Called in by the Sri Lankans because of his reputation for knowing what it takes to make a decent pitch, Atkinson had a meeting about his future last night at a hotel near the ground with Lord MacLaurin of Knebworth, the ECB chairman. Word had reached the chairman¹s ear that this plain-speaking, industrious Englishman, who has prepared Test pitches on four different grounds, has been turned down for no fewer than 11 jobs since he returned to Essex last year in search of a more stable base for his family. The story of his rejection is as remarkable, in its way, as that of the ³instant² stadium to which he has been lending his expertise. Atkinson enjoyed a high reputation during his ten years at Chelmsford as successor to Harry Brind, the senior guru among English groundsmen. He was promoted to take charge at Edgbaston but left in controversial circumstances in 1993 and has since looked after three more Test grounds in South Africa, at Newlands, the Wanderers and Centurion Park. His cold-shouldering by English counties, including Derbyshire, Gloucestershire and Sussex, appears to do no credit to the present regime of senior groundsmen in England, nor to senior officials of the old Test and County Cricket Board (TCCB). Early in the 1993 season, when Keith Fletcher was England coach and, as now, an Australia side was due to arrive for an Ashes series, Atkinson and other Test groundsmen were called to a secret meeting with the TCCB and told by Donald Carr, then the pitches overseer, that the England strategists required dry, turning pitches with not too much grass. Despite the evidence of the tour of India and Sri Lanka that preceded the series, when England had been outplayed primarily because their batsmen failed against spinners and their own slow bowlers were not good enough, the theory was that England¹s spinners could win them the series. As Atkinson, according to his account, left the meeting ³uncomfortable about the idea of not producing the best pitch I could², the wise old bird from Nottingham, Ron Alsopp, said to him out of the corner of his mouth: ‘Haven’t they heard of Shane Warne?’ Not long after, Warne produced his famous so-called ³ball of the century² to bowl an astonished Mike Gatting in the first Test of an embarrassing summer for English cricket. Only when Brind left grass on at the Oval in the final game did fortunes change. By then Atkinson had been offered a job for six months at Newlands in Cape Town. Warwickshire would not countenance a six-month split job and when Ali Bacher, the maestro of South African cricket, said that he would be employed year-round in South Africa, Atkinson took the job. For the past two years in South Africa, Atkinson has worked as a freelance groundsman, called in at Centurion for big matches and to Nairobi by the ICC for a ten-nation tournament held last October. Atkinson, however, told the ECB chairman last night of his belief that some well-connected groundsmen have been blocking his way, for political reasons that go back to the controversy during 1993. He says that he has never had such an assignment as at Dambulla. He first saw the land on which the stadium has sprouted on November 1. The ground by the lake had been flattened but there was not a blade of grass on it. Atkinson laid the square itself over drainage layers with a base of six-inch deep black clay, similar to the soil used in Australia and South Africa, then it was sown with the same type of Bermuda grass, imported from Australia, that has taken so well at Centurion. As uncertain as everyone else how it would play, and with rain falling, England picked all their specialist bowlers in the 12 named last night, omitting Nick Knight, Mark Alleyne and Mark Ealham, three limited-overs specialists. LINKS Television: Sky Sports 2                 

Times Friday March 23, 2001

 

Copyright 2001 Times Newspapers Ltd. This service is provided on Times Newspapers' standard terms and conditions. To inquire about a licence to reproduce material from The Times, visit the Syndication website.

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Talking Point: Peter Brookes

 

Peter Brookes, The Times cartoonist, answers your questions on his work in an election period.

 


Q: How often does the editor of The Times reject your cartoon ideas? How close to the mark are you allowed to go? Philip Merchant, Colchester, England
A: Extremely rarely, and then probably because the idea isn't clear enough. On your second point, it all depends on where you place the mark. But I don't suffer from censorship, no.
Q: Does your work make you more or less inclined to vote? Mark Grierson (address withheld)
A: More. But then I always have voted since was 18, and passionately believe that everyone eligible should, too. It may be a cliché, but Tony Benn was quite right in his farewell speech to the Commons: many people died for that right.
Q: I loved your Dan Blair series. Will you ever go back to it? Alexandra Finch, Basingstoke
A: Thank you very much. Somehow I doubt if I'll go back to it on the basis of what's gone is gone. And it was work pressure which made me give it up, and nothing's changed there.
Q: Have you ever caricatured Rupert Murdoch? If you haven't, how would he look in a cartoon of yours? John Beardsley, Cardiff, Wales
A: Yes, in The Spectator some while ago now. You're trying to put me on the spot, here, aren't you?
Q: Do you ever watch impressionists? Is there any crossover between your art and theirs? Griff O¹Leary (address withheld)
A: Yes I do. Bremner is brilliant and McGowan is so-so. There is a crossover because it is satire in a different form. I love it.
Q: What is the most boring election campaign you have ever had to draw? Mel Gordon, New York, USA
A: Well, I've only drawn one before and don't find them at all boring. The only problem is connecting with readers who are bored.
Q: How do you draw apathy? Mason Smith, North London, England
A: Well, I did, on day one of the campaign! You should find it Online. But I don't feel apathetic about it at all myself (see above).
Q: Nature Notes makes me think that you are you a frustrated botanist. Am I right? John Gould, North Yorkshire, England
A: Afraid not. My knowledge of things natural is pretty basic, and it's politics which really interests me. But it's fun to learn about it all as I go along.
Q: Is there any other current political cartoonist who inspires you? Mary Clegg, Aldershot, England
A: "Inspires", no. But I do like many of them, eg, Bell, Trog here, and many in the US.
Q: Has a politician every tried to talk you down on the price of a cartoon he wanted? If yes, who was it? Daniel Clearkin, East Moseley, England
A: They all have! And those who are rich, particularly, which is why they are rich. But now a gallery handles things for me and, luckily, I don't need to deal with them.
Q: Which politician has complained about your depiction of her/him and what did she/he dislike? Kate Bradshaw (address withheld)
A: It's normally their supporters who complain (bitterly). Politicians wouldn't admit to any hurt (it's beneath their dignity), though Hague and Mandelson say I've given them a bad time.
Q: Is the Prescott punch the most dramatic election event you have had to draw? Jason Tiernan, East London, England
A: It's rather sad if it is - because it had nothing to do with anything, had it? Except a justifiable loss of temper.
Q: You said on the radio the other day that you were a lousy pilot when you were in the RAF. What did you do that was so appalling? (Name and address withheld)
A: I used to get lost, which isn't advisable. I was a general, all-round dead loss at it.
Q: Which living and which dead cartoonist do you most admire and why?
Phil Brind, Dundee, Scotland
A: For the sake of argument, I'll pick two US cartoonists, though there are others. Paul Conrad (Los Angeles Times), living, because he's consistently strong and hard-hitting with a pared-down, blackly graphic style. And dead, Jeff MacNelly of the Chicago Tribune. Great drawer, great ideas. But here's another: I think Kal of the Baltimore Sun has real political nous. Have a look on the Internet and you might see what I mean.
Q: How do you separate your own political views from your work? Do you ever get accused of bias, or are you completely impartial, like the BBC? Bob Crawshaw, Birmingham, England
A: I hope I don't separate them. Yes, I do get accused of bias, though I believe in attacking all politicians when the need arises, regardless of party. But I am centre-left in my own politics, and I don't try to be impartial.
Q: What do you do on days when you have no funny ideas? Do you keep some non-topical ideas up your sleeve for emergencies? Alun Morris (address withheld)
A: No. Absolutely not. There's no question of not coming up with anything , it's just that sometimes it's not as good as you would like it to be. But you don't keep anything in reserve.
Q: Are there any politicians who collect your cartoons of them? David Hampton (address withheld)
A: I believe so, but not just mine - they tend to collect all cartoonists' work which depicts them.
Q: Are general elections a welcome challenge for a political cartoonist, or is it harder to vary your output when everyone is trying to sing from the right song sheet? Caroline Biezais, Somerset, England
A: Yes, it is a challenge because everything moves much faster. It is harder, but mainly because it's difficult to draw the concentration on policy detail which an election tends to dwell on. Thank God for Prescott!
Q: Have you ever felt sorry for a politician who has made a cock-up of something, and spared them? George Baum, North London, England
A: No! (Or at least I hope not.)
Q: Who is your all-time favourite subject? Nick Barnes-Smith, Battle, England
A: Difficult one. So I have to give you more than just the one. The problem is your favourites tend to be the current targets because you feel most engaged with them. Try these: Hague because he's so awful; Mandelson, horrendously charismatic; and Cook's just a puffed-up pompous treat!

 

Times Monday May 21, 2001

 

Copyright 2001 Times Newspapers Ltd. This service is provided on Times Newspapers' standard terms and conditions. To inquire about a licence to reproduce material from The Times, visit the Syndication website.

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Resolving conflict between irreconcilable tax statutes

CHANCERY DIVISION

Padmore v Inland Revenue Commissioners (No 2)

Before Mr Justice Lightman

Judgment January 22, 2001

 

A court faced with an irreconcilable conflict between two statutory provisions had to determine which was the leading provision and which was the subordinate one, and thus which gave way to the other. Since the adoption of a construction which in effect rendered one set of statutory provisions wholly ineffective was only to be pursued where all other reasonable constructions gave rise to absurdity, the proper resolution of the conflict between the general provisions of section 788(3) of the Income and Corporation Taxes Act 1988 and the specific provision of sections 112(4) and (5) of that Act, was to hold that section 112 created a specific exception capable of overruling the general rule governing the interpretation of double taxation agreements created by section 788. Mr Justice Lightman so held in the Chancery Division in a reserved judgment, dismissing the appeal of the taxpayer, Mr M. K. Padmore, from the decision in principle of the special commissioners upholding the refusal by the Board of Inland Revenue of the taxpayer¹s claim to relief from income tax in respect of his share of the profits for the years 1987-99 of Computer Patent Annuities, a partnership resident in Jersey of which he was a partner. The claim to relief was made in respect of the 1987-88 year of assessment under section 497(1) of the 1970 Act, and under section 788(3) of the 1988 Act in respect of 1988-99 inclusive, and, in both cases, pursuant to paragraph 3 of the Arrangement with the States of Jersey scheduled to the Double Taxation Relief (Taxes on Income) (Jersey) Order (SI 1952 No 1216). Mr Peter Whiteman,QC, for the taxpayer; Mr Launcelot Henderson, QC, for the Commissioners of Inland Revenue. MR JUSTICE LIGHTMAN said that it was common ground that there was a conflict between, on the one hand, the provisions of section 497 of the 1970 Act and section 788(3) of the 1988 Act to the effect that the double taxation arrangements should have effect ³notwithstanding anything in any enactment² and, on the other hand, the provisions of section 62(1) of the Finance Act (No 2) 1987 and section 112(4) of the 1988 Act which limited the effect of all such arrangements. As the purpose of a consolidation Act was to obviate the need for recourse to the pre-consolidated legislation, it was only permissible to take into account the earlier legislation if the language of the consolidated legislation was ambiguous, obscure or likely to lead to an absurdity: see R v Secretary of State for the Environment Transport and the Regions, Ex parte Spath Holme Ltd (The Times December 13, 2000; (2001) 2 WLR 15) and Pepper v Hart ((1993) AC 593, 634). Every effort had to be made to find a construction which gave effect to all of the sections. That could be achieved by treating the general rule, the supremacy of the provisions of the arrangements laid down by section 497(1) of the 1970 Act and section 788 of the 1988 Act, as being qualified by the special rule laid down by section 62 of the 1987 Act and its successor, section 112 of the 1988 Act. The construction contended for by the taxpayer had the effect of depriving section 112 of all legal effect, which was a construction of last resort: see Fleming v Associated Newspapers Ltd ((1973) AC 628). That the conflict should be resolved in that way was likewise required if a purposive construction were to be given to the legislation. The purpose of section 62 was to remove the exemption conferred on Mr Padmore by the Jersey Arrangement by incorporating that provision into the 1970 Act. In order to effectuate the purpose of the legislation, the provisions of section 62 had to prevail. Indeed if the solution set out above was not adopted then the conflict itself constituted an ambiguity in the language of the 1988 Act entitling the court to give effect to the purpose behind the predecessor section; alternatively the conflict gave rise to unease as to the resolution of the conflict which likewise justified reference back to the purpose of the predecessor section. Either way, the provisions of section 62 and section 112(4) must prevail. As the departure from the provisions of the Jersey Arrangement and the removal of the tax exemption were plainly and deliberately made, there was likewise no scope for the application of the presumption against the inevitable derogation from the terms of the Jersey Arrangement, and therefore contrary to international law (R v Secretary of State for the Home Department, Ex parte Brind ((1991) AC 696)), or against imposing a tax liability on Mr Padmore. Solicitors: Morgan Cole; Solicitor of Inland Revenue.

 

Times Wednesday February 21, 2001

 

Copyright 2001 Times Newspapers Ltd. This service is provided on Times Newspapers' standard terms and conditions. To inquire about a licence to reproduce material from The Times, visit the Syndication website.

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Officer Cadets who have been granted commissions in the British Army took part in the Sovereign's Parade at Sandhurst yesterday, FRIDAY APRIL 13 2001 The Sovereign's Parade The Royal Military Academy Sandhurst General Sir Michael Jackson represented the Queen at the Sovereign¹s Parade at the Royal Military Academy Sandhurst yesterday. The following have been granted commissions in the Regiments and Corps shown, having successfully completed Commissioning Course No 002. The Wilkinson Sword of Honour was won by Junior Under Officer C B Martin and the Queen¹s Medal was won by Officer Cadet R S Jacques. Commissioning Course 002 B J Adams, RLC, Healing School, Grimsby; P J Adams, RA, Ringwood School; A B Agnew, RDG, Sevenoaks School; J S Ainley, QLR, Bishop¹s Stortford College; S P Alford, LD, Amery Hill School, Alton; L T Anderson, RLC, Stonar School, Melksham; R Applegarth, AGC(ETS), Beverley Grammar School; J R Avenall, AGC(SPS), Torquay Boys¹ Grammar School; K F Badham-Thornhill, REME, Cheltenham College; B J A Bambury, RGJ, Oundle School; K H Barre, REME, Priory School, Shrewsbury; M Basham, AGC (ETS), The Gregg School, Southampton; A R Bell, KOSB, Merchiston Castle School, Edinburgh; E A Boag, R Signals, Ewell Castle School, Leatherhead; J E Borbone, LI, Brighton College; G R H Bowering, RE, Forest School; S A Brearton, REME, McAuley School, Doncaster; T Brind, PWRR, St Simon Stock School, Maidstone; C M B Broadbent, BW, Daniel Stewarts & Melville College; J H Buxton, RA, Eton College; F M Campbell, RA, Dollar Academy; E Carpenter, 9/12 L, Royal Grammar School, Newcastle; S E A Cates, RGJ, Oundle School; A J Child, LI, Ecclesfield School, Sheffield; E R Cleland, RA, Durham School; S J Clitheroe, 9/12 L, Gresham¹s School; M J Clutson, AGC(ETS), Prince Rupert School, Rinteln; R I Cole, R Irish, Shiplake College; I Cross, RTR, Newcastle under Lyme School; C W Dyer, RLC, Dean Close School; S J Y Elford, PWRR, Longhill School, Brighton; S D Evans, RE, Whitgift School; N Evans, RLC, Whitchurch High School, Cardiff; A Farrimond, RE, Clifton College; M A Fell, RE, Liverpool Blue School; Z E Ferry, RLC, Island School, Hong Kong; R J Foord, AGC(ETS), Backwell Comprehensive School; C S Fowler, WFR, Ecclesfield School, Sheffield; J A French, RHF, Speciss College, Harare; E J Gaffney, RA, Blessed William Howard School, Stafford; L Gale, AGC(RMP), Headlands School, Swindon; S J Garmory, HLDRS, Glenwood High School, Glenrothes; J S Garrett, AGC(SPS), Erith School; S S Gogna, REME, Ilford County High School; A E Gollicker, RAMC, Newcastle Under Lyme Independant High School; C S Grant, RTR, Nairn Academy; P A Gudonis, R Signals, Hele School, Plymouth; A J Harris, RE, Notre Dame High School, Norwich; B C Harris, AGC(SPS), Helsby County High School; T J Hatton, RLC, King Henry VIII School, Coventry; A S R Heather, RLC, Southend High School; N F Hedgeley, RE, Buckie High School, Elgin; N D R Henderson, RA, Halliford School, Shepparton; J A Hepworth, LI, Guernsey Grammar School; R J Herring, R Signals, Rednock School, Dursley; T J F Hill, RE, Exeter School; D C Hinxman, WFR, Bromsgrove School; K J Hodges, RE, Kirkham Grammar School; R M Honan, WFR, Kings School, Worcester; S V G Horton, RAMC, Werneth High School, Stockport; R S Jacques, R Signals, George Elliot School, Nuneaton; A Jones, RE, King¹s School, Chester; D I Jones, QLR, Canon Slade School, Bolton; M Jones, R Signals, Skinners School, Tunbridge Wells; A S Jubber, HLDRS, St Edmund¹s School, Canterbury; I J Kerrigan, RRF, The Graham School, Scarborough; S Kirk, RA, Grove School, Newark; M R Leach, REME, King Edward VI School, Lichfield; W Lee, AAC, Kings College, Taunton; M G T Lewis, RRW, Bishop of Llandaff School; O J Lewsey, RA, Watford Grammar School; C Lloyd Jones, RDG, Hampton School; R W G Look, RLC, St Mary¹s School, Hereford; C B Martin, LI, Alec Hunter School, Braintree; C W I May, RA, Ipswich Boys School; J A McCroary, R Irish, Dunclug High School, Ballymena; A J McMahon, R Irish, Banbridge Academy, Newry; A Meager, RLC, Bishop Reindorp School, Guildford; M J H Milne Home, 9/12 L, Stowe School, Bucks; M E Mitchell, RLC, County High School, Colchester; R P F Montagu-Williams, RGR, Solihull School; Z Murray, AGC (SPS), Oxted County School; C J Murray, Int Corps, Brine Leas High School, Nantwich; T F Naude, PARA, Pretoria Boys High School, SA; A L B Neame, RRF, King¹s School, Canterbury; D A W Nelson, DWR, Duke of York¹s Royal Military School; D A Ochse, AGC(ETS), Selbourne College, RSA; E P Oldfield, RGR, Queen Elizabeth School, Gainsborough; I G Oxford, RA, Plymouth College, Torpoint; C M Peach, RE, Campbeltown Grammar School; S C Pengilly, LI, Upper Avon School, Durrington; D E Pinkstone, RTR, King Henry VIII School, Coventry; J H Powell, AGC(SPS), Maritzburg College, SA; H D Powell-Jones, RGJ, Abingdon School; K G Reesby, AAC, Trent College; D J Robbins, RE, Frogmore Community School, Camberley; A C G Roberts, WFR, Huntcliff Comprehensive, Scunthorpe; A J Roberts, RA, Sutton Valence School; D Roberts, RRF, St Paul¹s School, London; G Roberts, RLC, Rushcliffe School, Nottingham; G Robertson, PARA, Grantown Grammar School, Grantown on Spey; N E Rutsch, PARA, Hereford Cathedral School; H Sanderson, AGC (ETS), Warden Park School, Haywards Heath; G Sangster, AGC (RMP), St Machar Academy, Aberdeen; E C Schofield, AGC(ETS), Queen Elizabeth Grammar School, Blackburn; J H Seward, RGR, Wycliffe College; L J Shaw, RDG, Penglais Comprehensive, Dyfed; D A Shorter, LI, Homewood School, Kent; E F Smith, RLC, Perse Girls School, Cambridge; J A S Smith, RA, Westville Boys School, RSA; P G Smith, DWR, Pocklington School, Beverley; C J L Speers, RHG/D, Pangbourne College; L O Stamm, R Anglian, King¹s School, Ely; H P S Stanford-Tuck, RGR, King¹s School, Bruton; R J Steel, RA, Aston Comprehensive School, Sheffield; B R J Stokes, AAC, Worth School, Crawley; E M Swift, R Signals, Calday Grange School, Wirral; M J Symons, RLC, Dr Challoners Grammar School; C Taylor, BW, Wrekin College, Wellington; P A Thomas, RLC, Noel Baker Community School; J P Thomson, LG, St Kentigern School, Auckland; A R Tilley, RA, Charters School, Sunningdale; R C E Tilley, RRF, St Edwards School, Oxford; J M E Tydeman, R Signals, King¹s School, Canterbury; K R J Wadsworth, RE, Duke of York¹s Royal Military School; Z K White, R Signals, Rawlett School, Tamworth; D M Whiten, PARA, Ashfield Comprehensive School, Notts; C W B Wilkinson, AAC, Radley College, Oxford; C S Willett, RRF, Smestow School, Wolverhampton; J G Williams, HLDRS, Marr College, Troon; R E Williams, RE, Woldingham School, Caterham; R G Williams, RLC, Purbeck School, Wareham; A J Wilson, PARA, Fulford School, York; M Winchester, RLC, Dame Alice Owen¹s School, Potters Bar; D Woodhouse, RLC, Queen Elizabeth¹s Grammar School, Blackburn; J B A Yates, RLC, Uppingham School, Rutland. The following overseas cadets also passed out with a view to being commissioned in the Armed Forces of their countries. The winner of the Overseas Sword was Junior Under Officer M T Zinn from South Africa. Overseas Cadets Commissioning Course 002 Bahrain: Sheikh Fahad Rashid Al Khalifa. Belize: Brandon Nigel Garcia. Brunei: Erwan Bin Haji Ibrahim Mohammed Said. El Salvador: Abner Jonatan Portillo Cruz. Fiji: Bernadette Litirao Ramafono; Esira Kulavati. Ghana: Dominic Buah. Guyana: Julian Vanburn Archer. Jamaica: Keron Lue-Foung; O¹Neil Alexander Bogle. Kuwait: Sheikh Yousef Nasser Al Sabah. Malawi: Alfred Ernest Chimbwala. Malta: Donald Debono. Oman: Ali Masoud Al Mashani. Georgia: Mirian Vladimir Khajavelidze. Senegal: Abdu Salam Niang. South Africa: Michael Trevor Zinn. Tonga: Tevita Faha¹ivalu Fotu. Ukraine: Oleksandr Vladislavovich Buchats¹kiy. United Arab Emirates: Abdullah Saed Amer Al Neyadi.

 

Times April 14, 2001

 

Copyright 2001 Times Newspapers Ltd. This service is provided on Times Newspapers' standard terms and conditions. To inquire about a licence to reproduce material from The Times, visit the Syndication website.

 

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Megan the border collie hitches a ride on Jim the shire horse as he pulls the horse drawn trip boat along the Grand Western Canal at Tiverton, Devon. Megan's owner Ray Brind says: "Megan loves riding and so does Jim. It makes him feel important."

Picture: Richard Austin

The Times, Saturday August 11, 2001.

See also Daily Telegraph May 26, 1997.

Cuttings index Family history index 2001 index