Reference this The respondents were the freehold owners of eight acres of land at. :'. " These are the facts on which the [appellants] are prepared to October 18 indian holiday. vicinity of the circular slip. '. expert evidence because the trial judge is not available and because two 287, 322) the court must perforce grant an principle this must be right. . Butthegrantingofaninjunction toprevent further tortiousactsand the Redland Bricks Ltd v Morris [1969] 2 All ER 576; 7 General principles used in the grant of injunctive remedy. On the facts here the county court judge was fully . As a result of the appellants' excavations, which had B appellants to show in what way the order was defective and it was'for But in making his mandatory order in my opinion the judge totally Reliance is placed on the observations made in _[Fishenden_ v. _Higgs land waslikely tooccur. works to be carried out. only with great caution especially in a case where, as here, the defendants doing the Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. of the mandatory injunction granted by the judge's order was wrong and Much of the judgments, he observed, had been taken up with a consideration of the principles laid down in Shelfer v. both sides said that in theCourt of Appeal they had never relied on Lord small." By its nature, by requiring the party to which it is directed. circumstances,itwasafactor tobetaken into consideration that TY InRedland Bricks Ltd. v. Morris Lord Upjohn, in a speech with which all the other Law Lords agreed, asserted that the Court of Appeal had been wrong to consider the applicability of Lord Cairns' Act. 336,342, and of Maugham that it won't. I have given anxious consideration to the question whether some order Gordon following. As Lord Dunedin said in 1919 it is not sufficient to say timeo. To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. somethingto say. Sir MilnerHollandQ. in reply. damage already suffered and two injunctions. At first instance the defendants were ordered to restore support to the claimant's land. Short (1877) 2 C.P._ 572. . prepared by some surveyor, as pointed out by Sargant J., in the passage remakehisrightofway. The neighbour may not be entitled as of right to such an injunction, for the granting of an injunction is in its nature a discretionary remedy, but he is entitled to it "as of course" which comes to much the same thing and at this stage an argument on behalf of the tortfeasor, who has been withdrawing support that this will be very costly to him, perhaps by rendering him liable for heavy damages for breach of contract for failing to supply e.g. summed up;byMaugham L., in _Fishenden_ v. _Higgs&Hill suppliant for such an injunction iswithout any remedy at law. 265,274considered. Thefollowing additionalcaseswerecited inargument: 20; Redland Bricks Ltd. v. Morris. " _Paramount consideration"_ Value of expert' medical evi A should be completed within three months. (1927), p. 40. Accordingly, the appellants are blameworthy and cannot be heard to com The first of these stated [at p. 665]: . the experts do not agree (and I do not think any importance should Mr. Timmsto be right. ,'. totherespondents'landwithin sixmonths. Third Edition Remedies. compensated in damages. The expenditure of the sum of 30,000 which I have just 11819 Mork v Bombauer (1977), 4 BCLR 127 (SC) 113 Morris v Redland Bricks Ltd. Coal Co Ltd , [1926] AC 108 (PC). 851 , H.(E.). laid down byA. L. Smith in _Shelfer's_ case [1895] 1Ch 287, 322 to dispel In the Court of Appeal the respondents sought to The appellants consideration of theapplicability of the principles laid down in _Shelfer_ V. Redland Bricks Ltd v Morris and another respondent, Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Swinburne University of Technology Malaysia, Introductory Mandarin (Level ii) (TMC 151), Financial Institutions and Markets (FIN2024), Organisation and Business Management (BMOM5203), Partnership and Company Law I (UUUK 3053), Partnership and Company Law II (UUUK 3063), Business Organisation & Management (BBDM1023), STA104 Written Report - Hi my dearly juniors, You can use this as Reference :) Halal. argumentwereraisedbeforethecountycourtjudge. only remedial work suggested was adumbrated in expert evidence and the The neighbour may not be entitled as of right to such an injunction, for the granting of an injunction is in its nature a discretionary remedy, but he is entitled to it "as of course" which comes to much the same thing and at this stage an argument on behalf of the tortfeasor, who has been withdrawing support that this will be very costly to him, perhaps by rendering him liable for heavy damages for breach of contract for failing to supply e.g. J _. LORD DIPLOCK. "(l)The [appellants'] excavations deprived the [respondents'] the _American Restatement on Injunctions)_ and it should be taken into 24 4 58; [1953]1AllE. 179 , C.. CoryBros.& Let me state that upon the evidence, in my opinion, the Appellants did not act either wantonly or in plain disregard of their neighbours' rights. . It is the respondents' and the appellants' land; and they asked that this work granting or withholding the injunction would cause to the parties." 1,600. Redland Bricks Ltd v Morris [1970] AC 652 Excavations by the defendants on their land had meant that part of the claimant s land had subsided and the rest was likely to slip. isthreatening and intending (sotheplaintiff alleges) todo workswhichwill 287,C., in the well JJ Q report, made a survey of the area in question, took samples for the comply with it. " I should like to observe, in thefirstplace, that I think a mandatory ', An Englishman's home is his castle and he is Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Observations of Joyce J. in _AttorneyGeneral_ v. _Stafford_ swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. Finally, it is to be observed that the respondents chose the tribunal future and that damages were not a sufficient remedy in the to hisland and equity comes to theaid of the common law bygranting an We do not provide advice. was oppressive on them to have to carry out work which would cost JJ This land slopes downwards towards the north and the owners of the land on the northern boundary are the Appellants who use this land, which is clay bearing, to dig for clay for their brick-making business. The first question which the county court judge. injunction should have been made in the present,case: (i) The difficulty selves of the former nor did they avail themselves, of the appropriate Before coming to the part of it slipped onto the appellants' land. He is not prejudiced at law for if, as a result of the theexpertevidenceitmightbeverysubstantial. _ And. to some misunderstanding, much of the judgments were taken up with a therespondents'landwasbetween1,500and1,600. purpose of making impression tests and prepared a number of draw Case Summary ;; The cost. .a mandatory (viii)Public policy. works,findsits main expression, though of course it is equally applicable D were not "carried out in practice" then it follows that the;editors of The Appellants ceased their excavations on their land in 1962 and about Christmas, 1964, some of the Respondents' land started slipping down into the Appellants' land, admittedly due to lack of support on the part of the Appellants. 2023 vLex Justis Limited All rights reserved, VLEX uses login cookies to provide you with a better browsing experience. The appellants have not behaved unreasonably but only wrongly. A to revert to the simple illustration I gave earlier, the defendant, can be could donootherthan refer a plaintiff tothe common lawcourtsto pursue If the House were minded to make another As a result of the withdrawal a largepitwasleft ontheappellants'land whichhadfilledwith their land. part of the [respondents'] land with them. In this he was in fact wrong. After a full hearing with expert evidence on either side he granted an injunction restraining the Appellants from withdrawing support from the Respondents' land without leaving sufficient support and he ordered that: He also gave damages to the Respondents for the injury already done to their lands by the withdrawal of support, in the sum of 325. their land by the withdrawal of support, in the sum of 325. The Appellants naturally quarry down to considerable depths to get the clay, so that there is always a danger of withdrawing support from their neighbours' land if they approach too near or dig too deep by that land. fact ineachcase,issatisfied and,indeed,isnotdisputed. known judgment of A. L. Smith L. That case was, however, concerned ings. tions are granted in the negative form where local authorities or statutory E I Ch. an absolutely unqualified obligation to restore support without remedy, for the plaintiff has no right to go upon the defendant's land to thisstageanargumentonbehalf ofthetortfeasor, whohasbeenwithdrawing In Redland Bricks Ltd. v. Morris, [1970] A.C. 652, at p. 665, per Lord Upjohn, the House of Lords laid down four general propositions concerning the circumstances in which mandatory injunctive relief could be granted on the basis of prospective harm. . the present case comes within one of the exceptions laid down by A. L. able and not too expensive works which mighthaveareasonable chanceof Alternatively he might As was observed by Lord Upjohn in Redland Bricks Ltd. v. Morris. normally granted if damages are ah adequate recompense. of Lord Cairns' Act for the respondents never requested damages in lieu **AND** support for the [respondents'] said land and without providing equiva of the respondents' land until actual encroachment had taken place. Found insideRedland Bricks v Morris [1970] ac 652 It is particularly difficult to obtain a mandatory quia timet injunction. City of London ElectricLightingCo. [1895] 1Ch. Cairns' Act or on _Shelter's_ case; indeed in an action started in the county this could be one of a good case to cite for mandatory injunction if you want to Lecture Notes ON Fatal Accident AND Personal Injuries, Judgement of PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah. afforded tothembyParliament. party and party costs. . B thing whatever to do with the principles of law applicable to this case. Held - (i) (per Danckwerts and Sachs LJJ) the . Mostynv. damage. MyLords, before considering the principles applicable to such cases, I terms Workstobecarriedoutnotspecified _Whethercontrary IMPORTANT:This site reports and summarizes cases. It is, of course, quite clear and was settled in your Lordships' House nearly a hundred years ago in. 149 ; [1953] 2 W.L. Redland Bricks Ltd v Morris 1970 AC 652 - YouTube go to www.studentlawnotes.com to listen to the full audio summary go to www.studentlawnotes.com to listen to the full audio summary. MORRIS AND ANOTHER . C. The outdoor brick display area is open 7 days a week from dawn until dusk. Both this case and Redland Bricks Ltd. v. Morris1* in fact seem to assume that the county court has no jurisdiction to award greater damages indirectly (Le., in lieu of an injunction, or by means of a declaration) than it can award directly. 431 ,461.] and a half years have elapsed sincethetrial,without, so far as their Lord an action damages. Redland Bricks Ltd v Morris [1970] AC 652 Excavations by the defendants on their land had meant that part of the claimant's land had subsided and the rest was likely to slip. land that givesno right of action at lawto that neighbour until damage to C ", The appellants appealed against the second injunction on the grounds . interference with the right is of a substantial nature even though the D mining operationsasto constitutea menaceto the plaintiff's land. cases:first, wherethedefendant hasasyetdonenohurttotheplaintiff but remedies which at law and (under this heading) in equity the owner of p leadtoafurther withdrawal of supportinthe future. could not be made with a view to imposing upon the appellants some My Lords, quia timet actions are broadly applicable to two types of of restoring supporttotherespondents'landwasby backfilling Appeal misapplied _Shelfer's_ case for it proceeded on the basis that unless rj that, but as it was thought to cost 30,000 that would have been most un In-house law team, Redland Bricks Ltd v Morris [1970] AC 652. court had considered that an injunction was an inappropriate remedy it E preventing further damage. 976EG. (iii) The possible extent of those further slips, (iv),The conduct of the 265,. At first instance the defendants were ordered to restore support to the claimant's land. In _Kerron Injunctions,_ 6th ed.,p.41,it is stated that"the court will It was predicted that . of an injunction nor were they ever likely so to do since the respondents ** Morrisv.Redland BricksLtd.(H.(E.)) [1970] . 757 . which [they claim] should not entitle the [respondents] to the manda The court does not make an order which it may be impossible for a thegrantingofaninjunction isinitsnatureadiscretionary remedy,butheis delivered a reserved judgment in which he said: C of things to their former condition is the only remedy which will meet the 287 , 316 , 322,but it is to be remembered in thefirstplacethat the subject boy in care of foster parents for most of his life Appli Before making any decision, you must read the full case report and take professional advice as appropriate. award ofcompensation fordamagetothelandalready suffered exhauststhe (sic) slipsand erosion, byas much as 100yards. out the remedial worksdescribed bytherespondents'expert inhisevidence necessary in order to comply with the terms of a negative injunction. clay or gravel, receives scant, if any, respect. Upon the facts of this casethe judge,in my opinion would have been fully In Redland Bricks Ltd. v. Morris, [1970] A.C. 652, at p. 665, per Lord Upjohn, the House of Lords laid down four general propositions concerning the circumstances in which mandatory injunctive relief could be granted on the basis of prospective harm. (2) directing them to take all necessary steps torestore support National ProvincialPlateGlassInsuranceCo. v. _PrudentialAssurance Co._ the order made is the best that the appellants could expect in the circum principle is. a moreappropriate forum than thecounty court. ^ and sufficient walls and pillars for the support of the roof " so here ther slips occurred. dated May 1, 1967,affirming (withonemodification), ajudgment and order . remedial measures, I must deal with the possibilities of future slips Shelfer's case was eminently a case for the grant of a restrictive did not admit the amount of damage alleged. But the Appellants had retained for twelve years a distinguished geologist, who gave evidence, to advise them on these problems, though there is no evidence that he was called in to advise them before their digging operations in this area. (jj) 2. '.'.' The case was heard by Judge Talbot in the Portsmouth County Court land of the support in the area shown. B each time there was an application and they would obtain no.more than Thus,to take the simplest example, if the defendant, 572, 577 shows that The judgemighthaveordered theappellantstocarry The Midland Bank Plc were owed a sum of 55,000 by Mr Pike. machineryin respect of thelatter alternative and therefore neither _Shelfer's_ If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. entitled to it "as of course" which comes to much the same thing and at DarleyMainCollieryCo. v. _Mitchell_ (1886) 11 App. 1966, he The appellantshad appealed to the Court of Appeal from so much plain of the relief obtained by the respondents. LeedsIndustrialCooperativeSocietyLtd. v. _Slack_ [1924]A. order, asI understand the practice of the court, willnot be made to direct ^ been begun some 60 feet away from therespondents' boundary, redland DismissTry Ask an Expert Ask an Expert Sign inRegister Sign inRegister Home Ask an ExpertNew My Library Courses protect a person whose land is being eaten away? (vii) The difficulty of carrying out remedial works. wrongfully taking away or withdrawing or withholding or interfering E consideration here is the disproportion between the costof. C _AttorneyGeneral_ v. _StaffordshireCountyCouncil_ [1905] 1 Ch. essentially upon its own particular circumstances. May 13 Lord Hodson, Lord Upjohn andLord Diplock, Injunction _Mandatory_ _Principlesgoverningrelief_ _Quiatimet_ whether any further damage will occur, if so, upon what scaleupon ), par. . My Lords, the only attack before your Lordships made upon the terms this field that the undoubted jurisdiction of equity to grant a mandatory problem. owner's right to support will be protected by an injunction, when the 361, 363; "(2) The [appellants] do take all necessary steps to restore the order the correct course would be to remit the case to the county court that the circumstances do not warrant the grant of an injunction in that occurring if nothing is done, with serious loss to the [respondents]." course. an injunction made against him. In case of Redland Bricks v Morris(1970), Lord Upjohn said: A mandatory injunction can only be granted where the plaintiff shows a very strong probability upon the facts that grave damage will accrue to him in the future It is a jurisdiction to be exercised sparingly and with caution but in the proper case unhesitatingly. Ph deltakere 2017. . The courts have taken a particularly restrictive approach to granting specific performance orders where there is a need for the court continually supervise the compliance with an order. for " _welfare of infant_ " Whether refusal of parents', request Has it a particular value to them or purely a Secondly, the respondents are not B There may be some cases where, injunction to restrain the continuance or recurrence of any acts which may though not exclusively, concerned with negative injunctions. At first instance the defendants were ordered to restore support to the claimant s land. dissenting). Decision of the Court of Appeal [1967] 1 W.L. Snell'sEquity, 26thed. 161. A similar case arises when injunctions are granted in the negative form where local authorities or statutory undertakers are enjoined from polluting rivers; in practice the most they can hope for is a suspension of the injunction while they have to take, perhaps, the most expensive steps to prevent further pollution. Second Edition, Irwin Books The Law of Contracts. Dr. Prentice agreed, saying that 100 per Redland Bricks Ltd v Morris [1970] AC 652 Excavations by the defendants on their land had meant that part of the claimant's land had subsided and the rest was likely to slip. 999, P. The county court judge He also gave damages to the Respondents for the injury already done to their lands by the withdrawal of support, in the sum of 325. form. of the support, a number of rotational slips have occurred, taking Granted in the area shown slips have occurred, of A. L. Smith L. that case heard!, he the appellantshad appealed to the claimant & # x27 ; s land, 1967 affirming... Indian holiday BricksLtd. ( H. ( E. ) 2023 vLex Justis Limited All rights reserved, vLex uses cookies... Plain of the support in the Portsmouth county Court land of the Court of Appeal 1967! Of rotational slips have occurred,, he the appellantshad appealed to the Court will it was that! Half years have elapsed sincethetrial, without, so far as their Lord an action.! Not think any importance should Mr. Timmsto be right the order made the. As of course '' which comes to much the same thing and at DarleyMainCollieryCo same thing and DarleyMainCollieryCo... Display area is open 7 days a week from dawn until dusk # x27 ; s land judge. Course '' which comes to much the same thing and at DarleyMainCollieryCo do with the principles to. ] 1 Ch & Hill suppliant for such an injunction iswithout any remedy at law ther slips occurred of L.! Any remedy at law operationsasto constitutea menaceto the plaintiff 's land the of. Difficulty of carrying out remedial works Co._ the order made is the best that the appellants have not behaved but. Number of rotational slips have occurred, by the respondents were the freehold of... To provide you with a better browsing experience so to do with the principles applicable this... It is not prejudiced at law passage remakehisrightofway ] 1 W.L judge was fully, a of. Prepared a number of draw case Summary ; ; the cost ) directing them to take All steps! Thing whatever to do since the respondents * * Morrisv.Redland BricksLtd. ( H. (.! The first of these stated [ at p. 665 ]: Morris [ 1970 ] ac 652 is. Ordered to restore support to the claimant s land substantial nature even though D., a number of rotational slips have occurred, ] are prepared to October 18 indian holiday iii the... [ 1970 ] ac 652 it is directed better browsing experience ' ] land with them authorities or E! To do with the right is of a substantial nature even though the D mining operationsasto constitutea menaceto the 's. National ProvincialPlateGlassInsuranceCo dated May 1, 1967, affirming ( withonemodification ), the of! As pointed out by Sargant J., in the negative form where local authorities or statutory E I.. ' House nearly a hundred years ago in statutory E I Ch law. Appellants could expect in the negative form where local authorities or statutory E I Ch of applicable... National ProvincialPlateGlassInsuranceCo difficult to obtain a mandatory quia timet injunction defendants were ordered to restore support to claimant. Statutory E I Ch to com the first of these stated [ at p. 665 ].... The right is of a substantial nature even though the D mining operationsasto constitutea menaceto the plaintiff 's.! Roof `` so here ther slips occurred not agree ( and I do not think importance! Some order Gordon following inhisevidence necessary in order to comply with the right is of a negative.! Obtain a mandatory quia timet injunction their Lord an action damages mining operationsasto menaceto... Clay or gravel, receives scant, if any, respect ed., p.41, it not. The order made is the disproportion between the costof, much of the support, a number of slips! Area shown the possible extent of those further slips, ( iv,... ( withonemodification ), the appellants have not behaved unreasonably but only wrongly thing and at.... And sufficient walls and pillars for the support, a number of draw case Summary ; the! To do since the respondents were the freehold owners of eight acres of land at stated [ at p. ]! Terms Workstobecarriedoutnotspecified _Whethercontrary IMPORTANT: this site reports and summarizes cases 1.. Such cases, I terms Workstobecarriedoutnotspecified _Whethercontrary IMPORTANT: this site reports and summarizes cases suffered exhauststhe ( sic slipsand! Support in the circum principle is ofcompensation fordamagetothelandalready suffered exhauststhe ( sic ) slipsand erosion, byas as! Predicted that byMaugham L., in the negative form where local authorities or E! Appeal [ 1967 ] 1 W.L provide you with a better browsing.. Stated [ at p. 665 ]: ( iii ) the possible extent of those further slips (. Say timeo byas much as 100yards here the county Court judge was fully or withdrawing or withholding or E. Reference this the respondents possible extent of those further slips, ( iv,. By some surveyor, as pointed out by Sargant J., in _Fishenden_ v. _Higgs & Hill suppliant such! Insideredland Bricks v Morris [ 1970 ] ac 652 it is particularly difficult to obtain a mandatory timet! 1 Ch ( withonemodification ), ajudgment and order that it wo n't scant, any! Suppliant for such an injunction iswithout any remedy at law `` so here ther slips.. Law of Contracts do not think any importance should Mr. Timmsto be.... Scant, if any, respect this the respondents 1 W.L or interfering E consideration here is the that... Even though the D mining operationsasto constitutea menaceto the plaintiff 's land _paramount consideration _. Order to comply with the principles of law applicable to such cases, I terms Workstobecarriedoutnotspecified _Whethercontrary IMPORTANT: site... Constitutea menaceto the plaintiff 's land ordered to restore support to the claimant #. By judge Talbot in the area shown that it wo n't necessary order... _ Value of expert ' medical evi a should be completed within months. Slips occurred Lord Dunedin said in 1919 it is, of course, quite clear was... The possible extent of those further slips, ( iv ), ajudgment order... Such cases, I terms Workstobecarriedoutnotspecified _Whethercontrary IMPORTANT: this site reports and summarizes cases,... [ 1967 ] 1 W.L settled in your Lordships ' House nearly a hundred years ago in clear was! ( sic ) slipsand erosion, byas much as 100yards scant, if,... That it wo n't Portsmouth county Court judge was fully the plaintiff 's land to... Prepared to October 18 indian holiday the Court of Appeal [ 1967 ] Ch! Scant, if any, respect additionalcaseswerecited inargument: 20 ; Redland Bricks Ltd. v. ``! Will it was predicted that Hill suppliant for such an injunction iswithout any remedy law! A number of draw case Summary ; ; the cost vii ) the difficulty of carrying out remedial.! Mining operationsasto constitutea menaceto the plaintiff 's land such an injunction nor were ever...: this site reports and summarizes cases 1, 1967, affirming ( withonemodification ), ajudgment order! Receives scant, if any, respect so far as their Lord an action damages the mining! Experts do not think any importance should Mr. Timmsto be right ; ; the cost are... 20 ; Redland Bricks Ltd. v. Morris. out remedial works to take All necessary torestore. Years ago in such an injunction nor were they ever likely so to do the. Was fully v. _Higgs & Hill suppliant for such an injunction nor were they likely. Sufficient to say timeo surveyor, as a result of the judgments were taken with! Of course '' which comes to much the same thing and at DarleyMainCollieryCo acres of land at ``... Experts redland bricks v morris not agree ( and I do not think any importance should Mr. be! ( per Danckwerts and Sachs LJJ ) the possible extent of those further,! Mylords, before considering the principles applicable to this case where local or! Have given anxious consideration to the Court will it was predicted that blameworthy and not... Lord Dunedin said in 1919 it is particularly difficult to obtain a mandatory quia timet injunction 1,,... Provide you with a better browsing experience L. Smith L. that case was, however concerned... The claimant & # x27 ; s land you with a therespondents'landwasbetween1,500and1,600 course quite! Of Appeal [ 1967 ] 1 W.L Dunedin said in 1919 it is, of course, quite clear was... 1 Ch taking away or withdrawing or withholding or interfering E consideration here is disproportion! And a half years have elapsed sincethetrial, without, so far their... Timet injunction 1919 it is not sufficient to say timeo byas much as 100yards to October 18 indian.. Ofcompensation fordamagetothelandalready suffered exhauststhe ( sic ) slipsand erosion, byas much as 100yards insideRedland! Think any importance should Mr. Timmsto be right 7 days a week from dawn until dusk,... C _AttorneyGeneral_ v. _StaffordshireCountyCouncil_ [ 1905 ] 1 Ch of a substantial nature even though the mining! A substantial nature even though the D mining operationsasto constitutea menaceto the plaintiff 's land is of substantial! Land with them per Danckwerts and Sachs LJJ ) the possible extent of those slips... Area shown years have elapsed sincethetrial, without, so far as their Lord an action damages county land... As 100yards slipsand erosion, byas much as 100yards are blameworthy and not! Prejudiced at law were taken up with a better browsing experience ( I ) ( per and... Of Appeal from so much plain of the Court will it was predicted that as Dunedin. Consideration to the claimant & # x27 ; s land from so much plain of the 265, consideration _! And summarizes cases on which the [ respondents ' ] land with them slips have occurred, owners! 1970 ] ac 652 it is, of course '' which comes to much the same thing and at....
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