A Information to Recognizing Basic Dishonesty in Private Harm Declare

Whereas by way of numbers it could be unusual, there are occasions when civil instances can really give rise to felony offences. One such case the place this would possibly occur is in private damage claims. The place a claimant in a private damage case is confirmed to have been basically dishonest, they not solely lose the fitting to say prices within the case, however they could even have their complete case dismissed. Furthermore, being dishonest in court additionally opens up the potential of felony legal responsibility, usually that regarding fraud. On this article, we take a look at the that means of basic dishonesty in private damage claims and look at not solely the potential civil implications (lack of a proper to say prices), but additionally the way it would possibly give rise to a cost of fraud in felony legislation.

What is key dishonesty in private damage claims?

Basic dishonesty is simply one thing that may be attributed to the claimant in a private damage declare. In different phrases, it solely pertains to the particular person making the declare towards, say, an insurer or different defendant, reminiscent of an employer. Defendants in private damage claims will not be topic to points surrounding basic dishonesty (although in the event that they lie in proceedings or in any other case mislead the court, they might be in violation of different legal guidelines not thought-about right here).

Basic dishonesty arises in relation to the prices of bringing a private damage declare, however it may also end in the whole declare being dismissed if basic dishonesty is established. On prices, word that declare prices would possibly embody lawyers’ charges, court purposes, use of the court, and cost for skilled witnesses. Normally, if a claimant loses their case in a private damage declare, they’re shielded from having to pay these excessive prices by the precept of Certified One-way Prices Shifting (QOCS). If, nonetheless, the claimant is discovered to have been basically dishonest about one thing of their declare, they danger dropping the safety of the QOCS precept and will subsequently be pressured to pay prices (which could possibly be within the hundreds and even thousands and thousands, relying on the complexity of the case and the court by which it’s happening).

In these instances, basic dishonesty is given its odd that means:

• To be dishonest, the claimant will need to have acted in a method that odd cheap folks would contemplate to be dishonest, reminiscent of mendacity, exaggerating, or in any other case misconstruing the reality.
• To depend as ‘basic dishonesty’, the dishonesty should relate to one thing that’s basic within the case, not merely one thing that was by some means tangential to it.

For instance, if a private damage declare pertains to a again damage and the claimant lies, saying they’ve damaged their again and can by no means stroll once more, whereby in actuality they really simply bruised it badly and have a superb opportunity of restoration after physiotherapy, that’s basic to the case. If, nonetheless, the claimant was truthful in regards to the extent of the damage and simply ‘let the court consider’ that the damage resulted in them dropping their job, when in reality the employer simply advised them to take day off, then the court might not contemplate this to be a ‘basic’ subject – merely one which pertains to the extent of the monetary hurt suffered by the in any other case truthful damage.

Is prime dishonesty simply exaggeration?

Basic dishonesty could also be evidenced by exaggeration, or it could be evidenced by various different strategies, reminiscent of simple mendacity, ‘bending the reality’, staying quiet on a problem, or manipulating particulars to present a misunderstanding.

Exaggeration is a typical type of basic dishonesty in private damage claims as a result of claimants typically wish to make out that their damage is worse than what it really is, with the hope it should imply they get extra compensation.

What are the implications of basic dishonesty?

In case you are discovered to have been basically dishonest in a private damage declare, two issues may occur within the civil case:

1. You would lose your safety towards having to pay prices underneath the QOCS. Because of this you possibly can be liable to pay the whole lot of the prices related along with your case, which can be a big amount of cash.
2. The decide would possibly resolve that the dishonesty was so basic as to undermine the whole lot of your case, and accordingly they might dismiss the case altogether (once more, leaving you with prices to pay) and thus deny you the fitting to lift such a declare in a court of legislation once more.

As talked about, there might, nonetheless, even be felony legislation implications in sure circumstances. The idea of dishonesty is central to the felony legislation of fraud, and the place the civil case was a part of a broader scheme to defraud a person or organisation, the basic dishonesty (as soon as found) might give rise to a police investigation in and of itself, or it could be used as proof as a part of a broader investigation.

How does basic dishonesty relate to fraud?

In case you are basically dishonest in a private damage declare, it’s extremely seemingly you might be being so to trigger your self to make a acquire (extra compensation for an exaggerated damage, for instance). This could possibly be construed as fraud by false illustration, which is an offence underneath Part 2 of the Fraud Act 2006.

Per the Fraud Act, fraud by false illustration happens when an individual dishonestly makes a false illustration desiring to make a acquire for him or herself or one other, or to trigger loss or the danger of loss to a different. To show the illustration was false, the prosecution should present that the illustration was unfaithful or deceptive and that the particular person making the illustration knew that it was unfaithful or deceptive, or that it could be unfaithful or deceptive.

On this case, ‘illustration’ means any illustration as to truth, legislation, or the state or thoughts of the particular person making the illustration or one other. Observe, too, that the illustration could also be expressed or implied, so it’s attainable to commit this offence merely by remaining silent or in any other case skirting across the subject. Lastly, the illustration could also be made in particular person, or it could be made by way of any communications machine in another type.

It’s clear how being basically dishonest in a private damage declare could also be proof of a broader fraud. Examples may embody:

• An worker faking an damage to say compensation from an employer
• An individual falsely accusing their neighbour of leaving building supplies exterior their home, inflicting that particular person to journey and break their leg
• A person falsely reporting ache to a medical skilled to make them write a report that’s later used to elucidate the extent of an damage in a private damage case, with the claimant hoping the damage will result in extra compensation

What occurs if you’re discovered responsible of fraud by false illustration?

In case you are discovered responsible of fraud by false illustration on account of basic dishonesty in a private damage declare, you possibly can face a jail sentence of as much as 10 years, or a superb, or each. This punishment can be levied along with any civil penalties you possibly can face, for instance having to pay full court prices.

Solely essentially the most critical of instances will entice the hefty punishment of 10 years’ imprisonment. To return to a conclusion on simply how critical your case is, the court will take a look at quite a few components, together with:

• The extent to which you deliberate the crime
• Whether or not there was in depth arrange and ability required to enact the fraud
• The size of time over which the fraud was dedicated
• Whether or not or not this was the primary offence
• The motivation for the crime
• The amount of cash or different worth claimed
• Whether or not the claimant was able of energy or belief over the defendant
• Whether or not gang exercise was concerned
• The influence of the fraud on the victims of the crime
• Any danger of bodily or psychological hurt on others on account of the crime
• Any makes an attempt to hide or destroy proof (acts which will give rise to different offences)
• Whether or not the sufferer was vulnerably or in any other case specifically focused (for instance, focusing on a wealthy aged neighbour, hoping they may simply ‘pay away’ the issue)
• Whether or not a false id was used
• Whether or not duress, madness, involuntary intoxication, or different normal felony defence may apply

The place to get extra assist?

In case you are involved {that a} discovering of basic dishonesty in a private declare would possibly give rise to felony legal responsibility, get in contact with the specialists at Stuart Miller Solicitors right now. Our staff has a various vary of experiences navigating the complicated world between civil and felony instances and can perceive precisely the way to proceed in case your dishonesty in a single case is giving rise to felony fees in one other. Get in contact right now for a free, confidential, and no obligation session.

Stuart Miller Solicitors (Auckland)

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14:38 12 Aug 23

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Lou D

14:30 09 Aug 23

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11:46 02 Aug 23

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R M

20:05 01 Aug 23

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08:21 29 Jul 23

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13:37 28 Jul 23

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13:10 28 Jul 23

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12:59 28 Jul 23

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Invoice

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17:49 21 Jul 23

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11:04 17 Could 23

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12:54 13 Mar 23

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19:08 11 Mar 23

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14:42 09 Feb 23

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ozkan albay

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14:47 21 Oct 22

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15:32 10 Oct 22

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Dragon 100

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08:22 11 Aug 22

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15:41 28 Jun 22

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16:49 11 Jun 22

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Stewart Skipsey

12:58 08 Jun 22

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16:53 19 Could 22

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21:49 17 Could 22

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23:11 13 Could 22

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20:38 03 Could 22

I not too long ago had the pleasure of getting Reem Khatib act for me underneath fairly nerve-racking circumstances. While my case was of a much less critical nature compared to her regular caseload Reems professionalism and steerage helped me navigate by a troublesome patch with relative ease with an ideal end result ultimately. Thanks Reem for all of your assist. Gladly advocate you, hopefully I will not want your companies once more although.

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14:38 03 Could 22

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00:35 21 Apr 22

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Noumoutie Diakite

16:56 13 Apr 22

I gotta give my props to Selina for the way in which she has been dealing with my scenario, she is aware of what she’s doing/speaking about straight ahead lady, straightforward to speak with. I gotta say thanks to her and preserve shining

Esmeralda Bhadurkhan

19:12 04 Apr 22

EXTREMELY proud of this staff!! So proud of every little thing they did in taking my case. They have been tremendous dependable, understanding and saved me knowledgeable thoughtout the whole course of and communicated consistently. I additionally wish to thank Dee who made me really feel understood and represented and wasn’t afraid to present trustworthy and open recommendation.I cant thank these guys sufficient and want all of them one of the best!!

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09:23 31 Mar 22

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21:22 02 Mar 22

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C Johnson

15:45 02 Mar 22

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11:22 01 Mar 22

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lwm x

11:20 01 Mar 22

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Agit Ovayolu

13:23 22 Feb 22

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06:17 15 Feb 22

Extraordinarily proud of the service. Contacted firm simply after midnight on the out-of-hours quantity in reference to felony fees to be heard in court later that very same morning. All of the formalities have been professionally and expertly orchestrated and accomplished by Selina Guler, laying the foundations for a really beneficial consequence on the listening to. I can be eternally grateful to Selina for all her assist all through the method.

Chantelle Morris

16:09 04 Feb 22

I wish to thank Savannah Loizidesfor all her onerous work for aiding my sons case and helped discontinue the fees earlier than reaching Trial

Eugene Hagan

10:14 04 Feb 22

The service obtained was unbelievable and i can not advocate extremely sufficient. Particular shout out to Kiran Johal for going above and past for me and my household and representing. We’re extraordinarily grateful and can all the time advocate.

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15:31 02 Feb 22

Thanks to Savannah who could be very supportive, useful {and professional} and reassuring in a troublesome scenario in addition to her colleagues at a wonderful agency

Salma Khan

20:28 25 Jan 22

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DODO MISSY DJ

16:18 23 Jan 22

Useful, pleasant and educated solicitors. Extremely advocate them

Michael Cartledge

16:13 20 Jan 22

Excellent expertise with Stuart Miller solicitors , very skilled and nice at what they do particularly Barrister Mr. Zaid and solicitor Mr. Andreas . Handled the case nice and professionally confirmed there among the best in at what they do.

Linda Wells

19:53 19 Jan 22

I’ve handled solicitors many instances in my life however this time it was private: I wanted assist to defend my son in court and we discovered Stuart Miller. They’ve been improbable, from amassing references, advising my son on each side, explaining every little thing intimately to keep away from shocks, to offering us with a barrister who was purple sizzling. It took a whole lot of the stress away as we knew somebody was preventing his nook. They obtained an important end result so we’re actually grateful. Properly achieved, particularly Kate, and our barrister Charlotte. Cannot thanks sufficient.

Ujar Kilic

10:37 07 Jan 22

Andreas Thanks a lot to your effort and time greatest solicitors and really responsive undoubtedly would advocate

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09:56 04 Jan 22

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Iby K9

17:00 23 Dec 21

At present they stayed with me and serving to me out by my case very happySavannah and Kevin I pleaded not responsible assist me out on my case thanks

Tamara Hamilton

14:49 16 Dec 21

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Henry Armaah

15:36 09 Dec 21

I’m scripting this assessment to focus on the good work and illustration obtained from Stuart Miller from begin to end.The partnership with Stuart Miller started at my plead listening to the place I met Abu Kibla who totally learn by my CPS case and was in a position to spotlight the holes within the case towards me he established in a short time there isn’t any grounds for any sort of prosecution and finally agreed with my plead choice of not responsible. Abu Kibla pushed for a witness summons so Stuart Miller may carry out cross examination at trial to assist show the inconsistencies in case. Work the police ought to of achieved previous to sending to CPS! Nice work from Abu Kibla and I left plead listening to feeling assured for the trial date stepping into my favour.My caseworker Duygu Basiguzel contacted me shortly after the plead listening to and straight away one thing I observed was Duygu’s (Dee) enthusiasm to get me into the workplaces, this was so she may hear my aspect of the story and take a press release from me after which collectively collaborate with me items of related proof I needed to current CPS. We had two conferences and was in a position by Duygu’s onerous work and a focus to element map out a plan of motion that might be used at trial throughout cross examination highlighting the contradictions and inconsistencies between witnesses in case. With such sturdy proof of contradictions and inconsistencies Duygu took outing of making ready and planning to jot down a letter to prosecutors advising them to dismiss case because it was undeserving to deliver to court. All through time resulting in trial Duygu saved in contact with updates and recommendation.On day of trial I met the fantastic Avinta Bhudia senior solicitor who to my shock had 4-5 pages of inquiries to ask the witnesses it confirmed me straight away she had learn my assertion in full it additionally confirmed me that the good staff at Stuart Miller had labored collectively in understanding the case. It left me with not a lot to have to inform Avinta throughout our pre trial assembly. With Avinta’s expertise she was in a position to give me suggestions on the way to conduct myself in court with the actual decide. Inside minutes of cross examination I noticed Avinta’s abilities come into play and the inconsistencies have been proven inside minutes. It was excessive degree cross examination executed completely.In all I used to be discovered not responsible primarily based on inconsistencies that Avinta managed to focus on within the court room and provides the decide no possibility however to dismiss case which has taken an enormous weight off my shoulders.Thanks for every little thing to the staff at Stuart Miller.Henry A

lil Ahile

17:04 07 Dec 21

Andreas , thanks for time and your work .I am joyful since you are skilled and obtained the procecution to supply no proof . God bless you .

Donna Henry

17:18 02 Dec 21

Stuart Miller Solicitors have represented my son on many events. They’re understanding and really supportive. Savannah is so well mannered and very useful and completely places my thoughts relaxed when I’ve any questions or issues. Extremely really helpful

OFB Zeze

16:43 01 Dec 21

Daybreak walker superb solicitor I like to recommend very useful ,onerous working ,assured ,well mannered ,uplifting and supportive

burhan rahman

16:43 29 Nov 21

Selina was very useful all through and was very responsive instantly good to have she will get it achieved

Kelly Bruchez

11:37 24 Nov 21

Gerkan Orman was very useful and assist me. Even know I had an obligation solicitors with a distinct firm that by no means assist me a tall. Gerkan Orman went out his method and assist me very well mannered helpfull man and his very skilled at his job the corporate could be very useful and gave me superb recommendation. Im very joyful the way in which they assist and gave me recommendation once they did not have to assist me however they did I might advocate them extremely

Alan Gora

20:43 19 Nov 21

Skilled , pleasant assist together with straightforward communication. Would extremely reccomend.

karim okay

17:59 19 Nov 21

My expertise was superb. They werevery useful.

walid younes

13:12 17 Nov 21

Savannah Loizides, my lawyer, was actually skilled, useful, and courteous. She took outing of her day to make a number of updates calls. She significantly aided my case, permitting me to keep away from going to trial.

Alican Yayar

16:22 16 Nov 21

I wish to thank Andreas Yiannaki from Stuart miller solicitors for being very helpfull with my case.And particular because of my barrister Nargees Choudhry for being there for me on late discover.Thank alot to STUART MILLER SOLICITORS for every little thing they’ve achieved for me…Would advocate extremely

Ade

12:22 15 Nov 21

I imply they are not one of the best , However I wish to thank the 2 solicitors , Lille and Mr Adams for representing my son and Serving to in His Circumstances. Its been 1 12 months and he has efficiently not reoffended, I would not say they’re one of the best however they are not Unhealthy, additionally thanks Bervian she’s was additionally my son solicitor and Helped together with his instances.

Fazal Haider

18:59 03 Nov 21

My son was not too long ago remanded and I requested Staurt Miller solicitors to tackle his case as they’ve efficiently handled a earlier case of his. I discovered the agency to be environment friendly and efficient in there communication, specifically the excessive commonplace of authorized recommendation provided by Mr mohd Zeb,not solely did Zeb take care of my case throughout workplace hours he additionally gave up a whole lot of his private time to assist and console me all through this troublesome interval. I wish to take this chance to thank Mr Manveer Cheema who represented my son in court, on account of covid I wasn’t bodily in a position to go to and assist my son totally. Mr Manveer Cheema and staurt and miller went above and past to assist my son on this attempting time. I’m delighted to say that the authorized staff at Staurt Miller solicitors have labored onerous and have managed to reunite me with my son with little to no points. They’re my go to agency with reference to authorized recommendation and would haven’t any qualms in recommending them to anybody in want of authorized help.

Emma O

14:52 03 Nov 21

Mo zeb did it againWas reluctant to make use of the obligation however he git me a end result that shocked everybody

dave H

13:59 27 Oct 21

I’m very very impressed with Stuart Miller Solicitors. I used to be given improbable assist and steerage all through the whole authorized course of. I used to be particularly impressed with the very skilled Victoria who gave me a sense of confidence and reassurance each time I wanted to contact her. The counsel that I used to be assigned was top quality, (Parveen). I might very strongly advocate them. I’m so happy that I selected Stuart Miller Solicitors to characterize me.

Dunstable Workplace

12:13 26 Oct 21

I used to be glad with the service afforded by Andreas and the barrister that was employed to take care of my son’s case. The barrister (Adam Squibbs )who attended was very skilled and I used to be content material that he did his utmost in defending my son’s case and offered a very good defence and the result was as I had anticipated contemplating the offence.

Yv

14:18 25 Oct 21

This agency is excellent, The woman referred to as D who handled my case was very skilled and helped me a lot!

Zabiullah Stanikzai

09:02 22 Oct 21

Selina and Kathy have been very immediate {and professional} while dealing with my case

Ranga Matsvai

12:13 20 Oct 21

My general expertise with stuart miller was superb. My solicitor Andreas took it upon himself to know my case inside out, giving updates and knowledge to cowl any gaps. He was very skilled in the way in which he communicated with me on the similar time exhibiting empathy. My barrister Maeve got here in with a excessive degree of integrity and a focus to element and shortly went into my case and offered one of the best illustration ever. I am thrilled with the result and really grateful to them would extremely advocate.

Robert Monan

08:11 20 Oct 21

Stuart Miller’s Solicitors I’ve to say we’re glorious, skilled, and made certain all my wants have been met. I might extremely advocate them to anybody who might have their companies.

shamsul’s vlog

15:01 30 Sep 21

Hello,that is sam,I been fall in bother with the case which made me depressed and I obtained a lot nervousness and stress for this. I met so many solicitor in london .however they suppose its too troublesome to win this case. Then I obtained Savana who managed A solicitor ‘Hamza’ they work along with my case .they gave me extra assist and motivation about that .Then I really feel higher to breathe .I didnt perceive earlier than that I could possibly be win the case .Trigger I by no means been with any form of case like this .Savana is a tough employee on this farm ,And he or she is so responsive ,once I name for any data she helped me so much .he skilled exercise is superior .she make this case quite simple .So,I believe it might be higher selected to stuart miller as your felony case deffence .they Do their degree greatest for the client. Their habits and professionalism is so nice .Nonetheless ,Solicitor Hamza was so pleasant with me and he encourage me take is simple . he achieved his job very effectively .thanks for everythings to the stuart miller ,specifically Savana and Hamza .❤️❤️I obtained my contemporary Life for you guys .

Ess Kai

16:33 02 Jul 21

I used to be represented at Highbury Magistrates by one of many obligation solicitor who was really one of many administrators for the agency.Very skilled and assured the lawyers are seasoned and they’re effectively skilled.Initially I used to be nervous however Stuart Miller handled my case very effectively and saved me updated at each stage additionally they have pretty help who go that further mile for his or her clients. Nice Work .

hakim mohamed

22:41 30 Jun 21

Extremely Suggest Utilizing Stuart Millers Agency, Very Skilled I Primarily Dealt With Savannah, She Was Very Useful All the time Saved Me Up to date With My Case And At any time when I Had A Question She All the time Managed To Get Me Solutions All the time Going Above And Past Her Means To Help. Thank You So A lot For All The Assist.

Salam Uddin

20:11 29 Jun 21

Since Stuart Miller first represented me virtually 5 years in the past, they’ve all the time managed to safe nice outcomes. Normally Mr Kibla offers with my profile nonetheless on this event I used to be launched to his colleague Reem. Naturally I felt sceptical about not being represented by my traditional defence, nonetheless from the minute Reem had taken over my case I used to be sure I’m in good palms.Professionalism is all the time of top of the range. Communication is quick and dependable and all the time confidential by my entire expertise.This agency clearly understands clientele’s distinctive conditions and offers with accordingly. At no level did I really feel my case was not being handled urgency and focus. What’s most appreciated is the honesty and lack of smokey mirrors which you do get with many different felony defenders.I’d prefer to thank Stuart Millers for his or her consistency and reliability, particularly Reem for her unbelievable effort and a focus. Completely advocate!

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