Tuesday 29 March 2011

What has rugby got to do with life?

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Rugby Union is a game played across the world. It is played by people (men, women and children) of all ages and sizes.
It is an inclusive game about which there is much to be admired.
The respect shown for the referee by the players is the envy of football (soccer). The fact that most players respect the spirit as well as the word of the laws of the game and control their aggression so as not to cause injury to others is the envy of other sports (ice hockey).
If a player breaks the law he/she is sanctioned by giving away a penalty-so he/she attracts the ire of his/her team mates-or is given a yellow card (10 minutes in sin bin) or a red card (sent off)
Thankfully, in rugby, serious insjury is rare.
In Europe and in South Africa, New Zealand and Australia there are professional teams.

In Europe the countries of England, Scotland, Wales, Ireland, France and Italy play in the annual 6Nations Tournamemt. Some of the match ups are over a hundered years old. The most famous is the Calcutta Cup match between England and Scotland.

There are professional club players in these countries who take part in the Heineken Cup which is Europe's premier rugby tournament or the Amlin European Challenge Cup. Teams from Ireland Scotland Wales and Italy play in the Magners Celtic League. England's clubs play in the Aviva Premiership and in the Championship as well as in the Anglo-Welsh Cup with some Welsh teams. In France Le Top 14 is the major professional rugby competition. Some clubs take it more seriously than the Heineken Cup or the 6 Nations.A lot of competition. Keep up to date with Rugby Week or Planet Rugby.


There is a hierarchy of leagues below the professional levels in which semi-professionals and amateurs play.


Women's rugby is grwoing in popularity and in participation and children of all ages at schools and at clubs take part in rugby ranging from the same game that adults play down to tag rugby.

In Australia, New Zealand (home of this years Rugby World Cup)and South Africa there are domestic cup and league competitions but the major tournaments for professional players are the Super15 tournament that involves teams from all three countries and the TriNations in which the Test sides (International sides) play on a home and away basis in the Southern Hemispehere winter. This involves a lot of travel! 

One must not forget about the Currie Cup in South Africa, the Air New Zealand National Provincial Cup in New Zealand. Great competitions with great history.

There are emerging nations and nations who have played rugby for centuries-eg Japan, Tonga, Geiorgia, USA, Canada, Russia, Spain, Romania, Fiji.


A world wide phenomenon is the growth of Rugby 7's. The Hong Kong sevens is perhaps the most famous tournament but for a few years there has been an IRB Rugby 7's world tour which is spreading the rugby message to audiences all over the world.


The annual Churchill Cup which normally takes place in USA and Canada gives USA and Canada to test themselves against established teams such as Ireland A (The Wolfhounds) and England A (Saxons). This year the tournament is in England as its a Rugby World Cup year.

Argentina is set to join in the Tri Nations in a few years time which is a reward for their efforts to bring on the game in Argentina and as a result of how they have performed in Rugby World Cups and in Test matches against European and Southern Hemisphere opposition.

The British and Irish Lions is a representative side from the UK and Ireland. It tours every 4 years. Next trip is to Australia in 2013. 4 years later it will be to New Zealand and then 4 years after that to South Africa. I went to South Africa in 2009 as a supporter with the Lions. What a trip!!

Rugby teaches the player respect. One has to respect the referee. One also respects one's own coach and team mates. One also respects the opposition. No matter what goes on in the match, one shakes hands at the end of the game and, if old enough and so inclined, shares a pint (glass of beer) with the opposition.

One learns courage. One learns to strive for perfection but to recognise one's own limits. One strives for fitness and strength of body and of mind. One sees in oneself and in others the limit of one's own and their courage and weaknesses. One cannot hide on a rugby union pitch.

Rugby is about team work. It is about training and rehearsal. It is about flair, seising opportunity and doing the unexpected. It is about expecting the unexpected and reacting to it. It is about formulating a plan with others and knowing when to abandon it and what to do instead. It is about leadership from captains and senior players and about becoming a leader when the captain is flagging. It is about leadership through action and through words. It is about dogged defence-never giving up. It is about freedom of expression within a framework that is tried and tested.

Those who cannot work in a team can't play rugby. There is no place for the selfish individual. Your team mates won't come to your aid if the opposition get a hold of you at the bottom of a ruck.

Knowing when to go for the try or when to pass to a team mate marks out the better players. Failing to pass so someone else can score when you nearly score but don't is a terrible mistake.

Rugby is a game about friendship, about song, about manners and behaviour.

It can be a cruel mistress and a hard task master.

Rugby is part of life and the best training pitch for life. The Game is more important than the Match.

There have been some great rugby moments. This is my favourite. It includes swearing but Jim Telfer's speech to The Lions is perhaps the greatest motivational speech in rugby. It is never appropriate to try to motivated children in this way. Cleaned up, it is suitable for youg adults aged 16-18. In its raw state it would make any adult team (19+) burst through walls. 
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Sunday 13 March 2011

What really matters?


Ireland lost to Wales yesterday in Cardiff in the RBS 6 Nations. A quick throw in was taken with a replacement ball and this breaches law 19.2(d). Try should have been disallowed and line out retaken. But Ireland didn't look like the better team and had reverted to a kick and watch policy.

In Japan thousands are dead and property, towns and lives destroyed. Nuclear disaster awaits as a second explosion is expected at a second reactor at same plant where yesterday a catastrophic incident took place in reactor 1.

In Africa children die from Malaria for the want of cheap medicine and nets whilst politicians
extract huge sums to personal bank accounts.

People in various North African and Middle East countries are fighting for and dying for the right to democracy.

The UK Prime Minister wants his Ministers to ensure proposed laws make us happy. People are losing jobs, pensions are to be cut, we are expected to work longer and pay more in tax to bail out bankers who don't seem to suffer too much and get paid huge bonuses.

I need to lose weight as I am too fat. I need to exercise mire, eat better and be happier with the reality of my life.

What does really matter?

Jokes Every Man Should Know (Pocket Companions) 

Friday 11 March 2011

So what is Mediation and why is it in the news?

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In relation to family law this is when a
couple meet with a trained mediator
and try to reach an agreement in
relation to their children and or their
property. The Government are promoting
this as the answer to all family litigation.
Some judges are already disagreeing with
this policy.
A mediated settlement is a
compromise and may not the best
deal that can be reached on behalf of a
client. Clients are not legally trained;
they often don’t even know what issues
to consider in order to preserve long term
assets for themselves.
I have concerns about the forced use
of mediation in every case. One party
may feel slightly bullied by the other. A
mediator is trained to try and spot this
but each couple will have their own way
of behaving in public. I have had hundreds
of financial cases where clients were
forced to attend mediation (because they
were in receipt of legal aid). Only three
of those cases resulted in an agreement
and in each instance I had to advise my
client that the deal reached was not very
favourable to them. The mediated deal
is supposed to be reflected in a Consent
Order that I or the other solicitor draft. It
is then placed before the court for sealing.
Once that happens the order is final and
neither party is able to make a further
claim against the other.
In one case involving assets worth just
over £100,000 I advised my client that at
the very least he should receive a further
£16,000 from the settlement. I then
had to negotiate further with his wife’s
solicitor to obtain this money for him.
The mediated agreement had already
taken five months and now in effect I had
to start again.
What about the party who hides
assets? In one case recently I uncovered
another £38,000 of assets that the other
party had forgotten to disclose. This
took a lot of investigative work on my
part, a skill that has taken years to learn.
Would this have been uncovered by a
mediator?
I do think that mediation can be effective
when dealing with children’s issues. In
relation to property matters I have my
doubts.
Most good solicitors will ask their
clients to provide all relevant financial
information. They will then send this
to the other solicitor. A summary is
usually prepared listing all assets and
then negotiations begin. We are all using
the same statute/rules as each other.
Often matters can be narrowed down to
a couple of issues. At this stage a roundthe-
table meeting can be held to iron out
the difficulties and reach an agreement.
Good practice dictates that less than
15% of cases should end up in court, in
my experience it is usually less than 10%.
When cases do end up in court it is often
because the parties cannot agree issues.
They may still feel bitter about things that
happened during their marriage. They are
not the couples who could sit and discuss
anything with a mediator.
 
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