Current cases

Current cases

Cases only appear here a few weeks before the appeal is due to be heard by the Court. Lists of cases seeking permission to appeal to the Court appear on the monthly lists published on our Permission to appeal page, once such an application is determined.

The abbreviations 'FC' and 'AP' stand for 'Funded Client' and 'Assisted Person' respectively. They denote a party in receipt of legal aid - the former in respect of cases from England and Wales and from Northern Ireland and the latter in respect of cases from Scotland.

The Current cases table below can be sorted either in ascending or descending order by clicking on the following title headings:

  • Case ID
  • Case name

Cases can also be found by using the search engine below:

Current cases
Case ID Case name Case summary Details
UKSC 2016/0212 Lord Advocate (representing the Taiwanese Judicial Authorities and another) (Appellants) v Dean (Respondent) (Scotland) Whether the extradition of the respondent to Taiwan would be incompatible with Article 3 of the European Convention on Human Rights. Full case details
UKSC 2016/0222 In the matter of EV (a child) No 2 (AP) (Scotland) (1) Whether the Inner House erred in inferring in the absence of express reasoning that the Lord Ordinary had addressed the threshold test for making a permanence order in section 84(5) of the Adoption and Children (Scotland) Act 2007. Full case details
UKSC 2016/0220 In the matter of EV (a child) (AP) (Scotland) (1) Whether the Inner House erred in inferring in the absence of express reasoning that the Lord Ordinary had addressed the threshold test for making a permanence order in section 84(5) of the Adoption and Children (Scotland) Act 2007. Full case details
UKSC 2016/0155 Isle of Wight Council (Appellant) v Platt (Respondent) Whether, on an information alleging a failure by a parent over a specified period to secure that his child attends school regularly contrary to s.444(1) of the Education Act 1996, the child's attendance outside the specified period is relevant to the question whether the offence has been committed. Full case details
UKSC 20160106 Frost and others (Respondents) v MGN Limited (Appellant) Whether the recoverability of additional liabilities (CFA success fees and ATE premiums) is incompatible with the appellant's rights under Article 10 ECHR; and Full case details
UKSC 2016/0090 Walker (Appellant) v Innospec Limited and others (Respondents) Whether a male employee is entitled to require a pension fund to pay a surviving spouse’s pension to his civil partner or husband on the same basis that such a pension would be payable if he were married to a woman. Full case details
UKSC 2016/0078 Richborough Estates Partnership LLP and another (Respondents) v Cheshire East Borough Council (Appellant) Meaning and effect of Government Planning Policy in paragraph 49 of the National Planning Policy Framework - proper approach to 'significance of heritage assets'. Full case details
UKSC 2016/0076 Suffolk Coastal District Council (Appellant) v Hopkins Homes Ltd and another (Respondents) The meaning and effect of paragraph 49 of the National Planning Policy Framework Full case details
UKSC 2016/0073 RFC 2012 Plc (in liquidation) (formerly The Rangers Football Club Plc) (Appellant) v Advocate General for Scotland (Respondent) (Scotland) (1) Whether the Court of Session erred in law in reversing the specialist Tribunals below and concluding that payments of "emoluments" or "earnings", for the purposes of the Income and Corporation Taxes Act 1988 and the Income Tax (Earnings and Pensions) Act 2003, had been made by the appellant to its employees. Full case details
UKSC 2016/0060 Miller (Respondent) v Associated Newspapers Limited (Appellant) Whether costs orders made in defamation proceedings requiring the appellant to pay the respondent’s success fees and after-the-event insurance premium are incompatible with the appellant’s rights under Article 10 of the European Convention on Human Rights. Full case details
UKSC 2016/0011 R (on the application of Byndloss) (AP) (Appellant) v Secretary of State for the Home Department (Respondent) Whether s94B of the Nationality, Immigration and Asylum Act 2002 complies with the procedural and substantive protections under Article 8 ECHR. Full case details
UKSC 2016/0009 R (on the application of Kiarie) (AP) (Appellant) v Secretary of State for the Home Department (Respondent) Whether s94B of the Nationality, Immigration and Asylum Act 2002 complies with the procedural and substantive protections under Article 8 ECHR. Full case details
UKSC 2016/0006 Nuclear Decommissioning Authority (Appellant) v Energy Solutions EU Limited (Respondent) (1) Whether, in a claim for damages under the Public Contracts Regulations 2006, the Francovich condition that the infringement be "sufficiently serious" must be met. Full case details
UKSC 2016/0004 Armes (Appellant) v Nottinghamshire County Council (Respondent) Whether the local authority who placed the appellant into foster care is liable in respect of the physical and sexual abuse suffered by the appellant and perpetrated by her foster carers, even though the local authority was not negligent in connection with the foster placement. Full case details
UKSC 2016/0002 Eli Lilly and Company (Appellant) v Actavis UK Limited and others (Respondents) Whether a new pemetrexed based cancer treatment produced by Actavis UK Limited and others infringes Eli Lilly and Company’s patent and its foreign designations either indirectly under section 60(2) of the Patents Act 1977 (matter for appeal) or directly under a proper interpretation of Article 69 of the Europe Patent Convention 2000 (matter for cross-appeal). Full case details
UKSC 2015/0248 O'Brien (Appellant) v Ministry of Justice (Respondent) Where a pension is calculable by reference to service, whether the period of service prior the coming into effect of the relevant directive should be taken into account in calculating the amount of pension to be paid. Full case details
UKSC 2015/0247 IPCO (Nigeria) Limited (Respondent) v Nigeria National Petroleum Corporation (Appellant) Is the English court entitled to require a party resisting enforcement of a foreign arbitral award to provide security for the money payable under the award as a condition of being entitled to advance a good arguable defence that enforcement should be refused under s. 103(3) of the Arbitration Act 1996? If not, does the Court of Appeal's Order infringe this principle on the particular facts of this case? Full case details
UKSC 2015/0246 Miller and others (Appellants) v Ministry of Justice (Respondent) Where a pension is calculable by reference to service, whether the period of service prior the coming into effect of the relevant directive should be taken into account in calculating the amount of pension to be paid. Full case details
UKSC 2015/0243 SM (Algeria) (Appellant) v Entry Clearance Officer, UK Visa Section (Respondent) Whether the Appellant ("the Applicant") is a "direct descendant" or "extended family member" within the meaning of Regulations 7 and 8 of the Immigration (European Economic Area) Regulations 2006. Full case details
UKSC 2015/0233 R (on the application of UNISON) (Appellant) v Lord Chancellor (Respondent) Whether the Fees Order imposing fees in the Employment Tribunal and Employment Appeals Tribunal breached the EU principle of effectiveness, and whether it was indirectly indiscriminatory. Full case details
UKSC 2015/0219 Poshteh (Appellant) v Royal Borough of Kensington and Chelsea (Respondent) (i) The scope of the enquiries required of a local authorities when making decisions in homelessness cases to which s 149 Equality Act 2010 applies; (ii) the standard of review to be applied by court when reviewing decisions of the local authority in such cases Full case details
UKSC 2015/0212 Wood (Respondent) v Capita Insurance Services Limited (Appellant) The correct approach to contractual interpretation. Specifically, whether when interpreting a contract a court should first construe the term in question literally before then asking whether business common sense or other considerations dictate a different interpretation. Full case details
UKSC 2015/0199 Taurus Petroleum Limited (Appellant) v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq (SOMO) (Respondent) (i) The identity of the beneficiary under letters of credit; (ii) The situs of debts under letters of credit... Full case details
UKSC 2015/0197 Eli Lilly and Company (Appellant) v Actavis UK Limited and others (Respondents) Whether a new pemetrexed based cancer treatment produced by Actavis UK Limited and others infringes Eli Lilly and Company’s patent and its foreign designations either indirectly under section 60(2) of the Patents Act 1977 (matter for appeal) or directly under a proper interpretation of Article 69 of the Europe Patent Convention 2000 (matter for cross-appeal). Full case details
UKSC 2015/0181 Eli Lilly and Company (Respondent) v Actavis UK Limited and others (Appellants) Whether a new pemetrexed based cancer treatment produced by Actavis UK Limited and others infringes Eli Lilly and Company’s patent and its foreign designations either indirectly under section 60(2) of the Patents Act 1977 (matter for appeal) or directly under a proper interpretation of Article 69 of the Europe Patent Convention 2000 (matter for cross-appeal). Full case details
UKSC 2015/0166 Commissioner of Police of the Metropolis (Appellant) v DSD and another (Respondents) (1) Whether there is an obligation under section 6 Human Rights Act 1998, read with Article 3 ECHR, to investigate ill-treatment which has been perpetrated by a private individual without any complicity of a public authority and/or... Full case details
UKSC 2015/0153 Homes and Communities Agency (Respondent) v J S Bloor (Wilmslow) Ltd (Appellant) Whether, in disregarding the increase or diminution in value of a site acquired compulsorily which is attributable to other land subject to the same compulsory purchase order, it is permissible to modify the planning status of the site in question. Full case details
UKSC 2015/0148 R (on the application of Coll) (AP) (Appellant) v Secretary of State for Justice (Respondent) Whether the arrangements for placing prisoners in Approved Premises upon release from custody give rise to unlawful sex discrimination, either direct or indirect. Full case details
UKSC 2015/0142 Hartley and others (Appellants) v King Edward VI College (Respondent) What is the correct approach to quantifying the amount an employer can withhold from a teacher who has lawfully gone on strike? In particular, what is the correct interpretation of sections 2 and 7 of the Apportionment Act 1870? If section 7 allows parties to exclude the principle under section 2 of the Act, did the parties exclude it in this case? Full case details
UKSC 2015/0045 Times Newspapers Limited (Appellant) v Flood (Respondent) Whether having to pay the entire costs of the other side, including success fees and insurance premiums arising from a Conditional Fee Agreement, in a libel case in which it was partly successful violated Times Newspapers Limited’s Article 6 and 10 ECHR rights Full case details
UKSC 2014/0270 PNM (Appellant) v Times Newspapers Limited and others (Respondents) Whether the Court of Appeal erred in its interpretation and application of the approach to be taken in balancing the privacy rights of a person arrested but not charged with a crime against the right of the press to report open court proceedings following the Supreme Court’s decision in A v British Broadcasting Corporation (Scotland) [2014] UKSC 25. Full case details
UKSC 2014/0037 Plevin (Respondent) v Paragon Personal Finance Limited (Appellant) (1) Whether the approach in Harrison v Black Horse [2011] EWCA Civ 1128 is correct. Is the court prevented from finding the existence of an unfair relationship under section 140A of the Consumer Credit Act 1974 if there has not been a breach of a regulatory rule in the conduct complained about? Full case details
UKSC 2016/0205 REFERENCE by the Court of Appeal (Northern Ireland) – In the matter of an application by Raymond McCord for Judicial Review Does the triggering of Article 50 of the Treaty on European Union by the exercise of the prerogative power without the consent of the people of Northern Ireland impede the operation of s.1 of the Northern Ireland Act 1998? Full case details
UKSC 2016/0201 REFERENCE by the Attorney General for Northern Ireland - In the matter of an application by Agnew and others for Judicial Review Does any provision of the Northern Ireland Act 1998 read together with the Belfast Agreement and the British-Irish Agreement have the effect that an Act of Parliament is required before notice can validly be given to the European Council under Article 50(2) of the Treaty on the European Union? Full case details
UKSC 2016/0196 R (on the application of Miller and another) (Respondents) v Secretary of State for Exiting the European Union (Appellant) Does the Government have power to give notice pursuant to Article 50 of the Treaty on European Union of the United Kingdom's intention to withdraw from the European Union, without an Act of Parliament providing prior authorisation to do so? Full case details
UKSC 2016/0100 AIG Europe Limited (Appellant) v Woodman and others (Respondents) What is the true construction of the words "in a series of related matters or transactions" within the aggregation clause of a professional indemnity insurance policy? Full case details
UKSC 2016/0090 Walker (Appellant) v Innospec Limited and others (Respondents) Whether a male employee is entitled to require a pension fund to pay a surviving spouse's pension to his civil partner or husband on the same basis that such a pension would be payable if he were married to a woman. Full case details
UKSC 2016/0026 Globalia Business Travel S.A.U. (formerly TravelPlan S.A.U.) of Spain (Respondent) v Fulton Shipping Inc (Appellant) What is the correct measure of shipowners' damages following acceptance of a charterers' repudiatory breach of charter? In particular, can a "benefit", said to consist in the avoidance of a fall in the capital value of the ship over the unexpired balance of the charter period because of the vessel's sale shortly after the repudiation, be set off against owners' claim to recover loss of earnings for that period? Full case details
UKSC 2016/0005 Naeem (Appellant) v Secretary of State for Justice (Respondent) Whether it is necessary to show that a protected characteristic was the "material cause" of a difference in treatment, in order for a claimant to demonstrate that a policy is indirectly discriminatory pursuant to s.19(2) of the Equality Act 2010. Full case details
UKSC 2015/0248 O'Brien (Appellant) v Ministry of Justice (Respondent) Where a pension is calculable by reference to service, whether the period of service prior the coming into effect of the relevant directive should be taken into account in calculating the amount of pension to be paid. Full case details
UKSC 2015/0246 Miller and others (Appellants) v Ministry of Justice (Respondent) Where a pension is calculable by reference to service, whether the period of service prior the coming into effect of the relevant directive should be taken into account in calculating the amount of pension to be paid. Full case details
UKSC 2015/0238 N (Appellant) v ACCG and others (Respondents) Whether a commissioning body can, by its decision not to fund a particular option for contact, remove the jurisdiction of the Court of Protection to make a best interests decision about contact? Full case details
UKSC 2015/0224 Volkswagen Financial Services (UK) Ltd (Respondent) v Commissioners for Her Majesty's Revenue and Customs (Appellant) Under the 'partial exempt special method' agreed by the parties what is a fair and reasonable apportionment of residual input tax on costs incurred by VWFS in its retail sector in relation to general overheads in respect of hire purchase transactions which include a mixture of VAT taxable and VAT exempt supply (taxable supply of the vehicle being finance and exempt supply of finance for that vehicle)? Full case details
UKSC 2015/0220 R (on the application of A) (A Child) (by her litigation Friend B) (Appellant) v Secretary of State for Health (Respondent) Was the Secretary of State for Health's failure to exercise his power to require that abortion services be provided through the NHS in England to women ordinarily resident in Northern Ireland unlawful, in that he failed to discharge his duty under s.3 of the NHS Act 2006 to "take such steps as he considers necessary to meet all reasonable requirements" for services? Full case details
UKSC 2015/0203 Ilott (Respondent) v The Blue Cross and others (Appellants) Whether the Court of Appeal was wrong to set aside the award made at first instance on the respondent's claim under the Inheritance (Provision for Family and Dependants) Act 1975. Full case details
UKSC 2015/0170 Lowick Rose LLP (Appellant) (in Liquidation) v Swynson Limited and another (Respondents) Whether the Court of Appeal erred in law in holding that a lender could recover damages from its negligent adviser representing loans that had been repaid by the borrower, on the basis that the borrower's repayments were collateral to (or res inter alios acta) the adviser's breach of contract. Full case details
UKSC 2015/0161 Home Office (Respondent) v Essop and others (Appellants) Whether, in order to successfully bring a claim for indirect discrimination under the Equality Act 2010, a claimant needs to show the reason why a provision, criterion or practice puts or would put (a) the claimant; and (b) persons with whom the claimant shares a protected characteristic at a particular disadvantage. Full case details
UKSC 2015/0159 Keefe (by his litigation friend Eyton) (Respondent) v Hoteles Pinero Canarias SL (Appellant) Whether an injured claimant ("the Respondent") is entitled to rely on Article 11(3) of the Council Regulation (EC) 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters ("the Judgments Regulation") to join the foreign-domiciled alleged tortfeasor ("the Appellant") in circumstances where the Respondent had originally brought proceedings in the courts of his domicile by way of direct action against the Appellant’s foreign domiciled liability insurer ("the Appellant’s Insurer"). Full case details
UKSC 2015/0147 R (on the application of B) (Respondent) v Secretary of State for the Home Department (Appellant) Whether, once there is no longer a lawful basis for the detention of an individual pending deportation, there is still a power to grant bail and impose bail conditions in respect of that individual under the Immigration Act 1971. Full case details
UKSC 2015/0143 Financial Conduct Authority (Appellant) v Macris (Respondent) What is the meaning of the words "any of the reasons contained in [a notice] relates to a matter which identifies a person" in s.393(1) and (4) of the Financial Services Markets Act 2000? Full case details
UKSC 2015/0139 Lehman Brothers Limited (In Administration) (Appellant) v Lehman Brothers International (Europe) (In Administration) (Respondent) The proper ranking of certain subordinated debt in the insolvency 'waterfall' Full case details
UKSC 2015/0138 The Joint Administrators of LB Holdings Intermediate2 Limited (Appellant) v Lehman Brothers Holdings Inc and others (Respondents) The proper ranking of certain subordinated debt in the insolvency 'waterfall' Full case details
UKSC 2015/0137 Lehman Brothers Holdings Inc (Appellant) v Lomas and others (Respondents) The proper ranking of certain subordinated debt in the insolvency 'waterfall' Full case details
UKSC 2015/0135 McCann (Appellant) v The State Hospital Board for Scotland (Respondent) (Scotland) Whether the respondent's smoking ban infringed the appellant's rights under art.8 and art.14 ECHR. Full case details
UKSC 2015/0125 Gordon (Appellant) v Scottish Criminal Cases Review Commission (Respondent) (Scotland) Whether the respondent erred in law in refusing to refer the appellant’s case to the High Court. Full case details
UKSC 2015/0091 AMT Futures Limited (Appellant) v Marzillier and others (Respondents) Whether the English Court has jurisdiction to try this case under Regulation No 44/2001 ("Brussels I") Full case details
UKSC 2015/0069 Newbigin (Valuation Officer) (Respondent) v S J & J Monk (a firm) (Appellant) Where a commercial property has been stripped out for renovation, what physical state is it assumed to be in for the purpose of liability for rates? Full case details
UKSC 2015/0067 Libya (Appellant) v Janah (Respondent) Whether granting the appellants immunity from suit under the State Immunity Act 1978 engages, and breaches, the respondents' rights under the ECHR and EU Charter. Full case details
UKSC 2015/0063 Benkharbouche (Respondent) v Secretary of State for Foreign and Commonwealth Affairs (Appellant) Whether granting the appellants immunity from suit under the State Immunity Act 1978 engages, and breaches, the respondents' rights under the ECHR and EU Charter. Full case details
UKSC 2015/0038 Daiichi Chuo Kisen Kaisha (Appellant) v Gard Marine and Energy Limited and another (Respondents) Whether as a matter of law in the circumstances there was a breach of a safe port warranty. Full case details
UKSC 2015/0037 Gard Marine and Energy Limited (Appellant) v China National Chartering Co Ltd and another (Respondents) Whether as a matter of law in the circumstances there was a breach of a safe port warranty. Full case details
UKSC 2015/0036 China National Chartering Co Ltd (Appellant) v Gard Marine and Energy Limited and another (Respondents) Whether as a matter of law in the circumstances there was a breach of a safe port warranty. Full case details
UKSC 2014/0231 DB (Appellant) v Chief Constable of Police Service of Northern Ireland (Respondent) (Nothern Ireland) Whether the Police Service of Northern Ireland misdirected itself as to the extent of its legal powers to stop illegal parades. Full case details
UKSC 2014/0180 In the matter of an application by Denise Brewster for Judicial Review (Northern Ireland) Whether the requirement contained in the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations (Northern Ireland) 2009 ('the 2009 Regulations') that unmarried partners be nominated in order to be eligible for a survivor's pension is disproportionate or irrational. Full case details
UKSC 2014/0026 BPE Solicitors and another (Respondents) v Hughes-Holland (in substitution for Gabriel) (Appellant) Whether the losses suffered by the appellant were losses which the respondent owed a duty to protect him against. Full case details
UKSC 2016/0083 AB (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland) Whether the High Court erred in holding that the provisions of the Sexual Offences (Scotland) Act 2009, which prevent the appellant, from relying on the "reasonable belief" defence are compatible with arts.6, 8 and 14 ECHR Full case details
UKSC 2015/0017 R (on the application of Hicks and others) (Appellants) v Commissioner of Police for the Metropolis (Respondent) Was the Court of Appeal correct to hold that the appellants' arrests and detention were lawful under art.5(1)(c) or alternatively under art.5(1)(b) ECHR. Full case details
UKSC 2014/0148 SXH (Appellant) v Crown Prosecution Service (Respondent) Whether the appellant's entry into the UK as an asylum seeker and the decision to prosecute her for entering with false travel documentation engaged art.8 ECHR. Full case details
UKSC 2015/0058 Commissioners for Her Majesty's Revenue and Customs (Respondent) v Investment Trust Companies (In Liquidation) and others (Appellants) Whether the ITCs (the ultimate consumer) have a direct mistake-based action in unjust enrichment against HMRC on the basis that HMRC was enriched at the ITCs' expense by the mistaken payment of VAT. Full case details
UKSC 2015/0057 Commissioners for Her Majesty's Revenue and Customs (Appellant) v Investment Trust Companies (In Liquidation) and others (Respondents) Whether the ITCs (the ultimate consumer) have a direct mistake-based action in unjust enrichment against HMRC on the basis that HMRC was enriched at the ITCs' expense by the mistaken payment of VAT... Full case details
UKSC 2015/0009 Akers and others (Respondents) v Samba Financial Group (Appellant) Whether, as a matter of English private international law, equitable proprietary rights can be created in assets situated in a country where the lex situs does not recognise or permit the creation of such rights, in particular. Full case details
UKSC 2015/0130 R (on the application of Ikuga) (Appellant) v Secretary of State for the Home Department (Respondent) Whether the requirement that an applicant who formed a relationship with a British citizen whilst in the UK unlawfully must demonstrate "insurmountable obstacles" to be granted leave to remain in the UK under the Immigration Rules is compliant with art.8 ECHR Full case details
UKSC 2015/0129 R (on the application of Agyarko) (Appellant) v Secretary of State for the Home Department (Respondent) Whether the requirement that an applicant who formed a relationship with a British citizen whilst in the UK unlawfully must demonstrate "insurmountable obstacles" to be granted leave to remain in the UK under the Immigration Rules is compliant with art.8 ECHR Full case details
UKSC 2015/0215 R (on the application of HC) (Appellant) v Secretary of State for Work and Pensions and others (Respondents) (1) Whether the blanket denial of social welfare assistance to Zambrano carers is unlawful because it is discriminatory under EU law, the ECHR, or domestic anti-discrimination legislation;
(2) Whether the resolution of these points of law requires a reference to the Court of Justice of the European Union.
Full case details
UKSC 2015/0168 SS (Congo) (AP) (Appellant) v Entry Clearance Officer, Nairobi (Respondent) The extent to which the entry clearance criteria in the Immigration Rules for a non-EEA national spouse/partner and dependent children reflect the requirements of art.8 ECHR in individual cases, including those involving sponsors who are British citizens or refugees located in the United Kingdom. Full case details
UKSC 2015/0024 R (on the application of Shabana Jawed (Pakistan)) (Appellant) v Secretary of State for the Home Department (Respondent) Whether the introduction into the Immigration Rules of a Minimum Income Requirement (MIR) for a UK citizen or resident wishing to bring a non-EEA spouse or partner into the UK is in breach of Article 8 ECHR, unlawfully discriminatory and/or irrational? Full case details
UKSC 2015/0014 R (on the application of Master AF) (AP) (Appellant) v Secretary of State for the Home Department (Respondent) Whether the introduction into the Immigration Rules of a Minimum Income Requirement (MIR) for a UK citizen or resident wishing to bring a non-EEA spouse or partner into the UK is in breach of Article 8 ECHR, unlawfully discriminatory and/or irrational? Full case details
UKSC 2015/0011 R (on the application of MM (Lebanon)) (AP) (Appellant) v Secretary of State for the Home Department (Respondent) Whether the introduction into the Immigration Rules of a Minimum Income Requirement (MIR) for a UK citizen or resident wishing to bring a non-EEA spouse or partner into the UK is in breach of Article 8 ECHR, unlawfully discriminatory and/or irrational? Full case details
UKSC 2014/0238 R (on the application of Abdul Majid (Pakistan) (AP) (Appellant) v Secretary of State for the Home Department (Respondent) Whether the introduction into the Immigration Rules of a Minimum Income Requirement (MIR) for a UK citizen or resident wishing to bring a non-EEA spouse or partner into the UK is in breach of Article 8 ECHR, unlawfully discriminatory and/or irrational? Full case details

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