Javan’s practice spans commercial, regulatory and public law fields. At its heart is commercial regulation, and in particular financial services regulation, in which Javan is a leading practitioner, regularly acting for and against all the major City regulators, for large institutions and prominent individuals, as well as in a number of overseas jurisdictions. He also regularly acts in telecommunications, utilities and other fields of professional regulation.  

His commercial practice is centred on financial services litigation, regularly appearing in Commercial Court and Chancery matters. He regularly acts in public and constitutional law cases, and was until recently Chair of the Constitutional and Administrative Law Bar Association. He is also recognised for his work in the field of public procurement, and has frequently appeared in the Privy Council.

Javan is recognised by both of the independent legal directories and was featured as The Times Lawyer of the Week on 17 September 2015

Experience

Shortlist

Financial Services

Javan regularly acts both for and against regulatory bodies, including FCA; PRA; FSCS; LME; FOS; ICE; Takeover Panel; Pensions Regulator, Ombudsman and Protection Fund; Financial Reporting Council; designated professional bodies and various overseas regulators (in Hong Kong, Dubai, Qatar and offshore jurisdictions). He regularly appears before the FCA’s RDC and in the Upper Tribunal, frequently for banks and other large financial institutions as well as individuals and the regulator. He was for several years until taking silk classified as the sole top-band financial services junior in Chambers UK Directory. He is also regularly instructed in financial services litigation in the Commercial Court and Chancery Division.

He has advised extensively in relation to the Financial Services and Markets Act 2000 (FSMA) and subsequent legislation. During the passage of FSMA, his advice with Lord Lester QC on its human rights implications was considered by the Joint (Lords/Commons) Committee on Financial Services and exhibited to their First Report (HC 328-I/HL Paper 50-I). He acted for SIB in a consultative role during the development of the FSA disqualification power, appearing as counsel in the first (and subsequent) cases in which the power was exercised. He advised at an early stage in the development of bank resolution powers.

Over the past two decades, he has been instructed in many of the major regulatory disputes and scandals. He appeared in the Morgan Grenfell Companies' and Individuals' disciplinary actions, arising out of the Peter Young unit trusts affair, and in the “Flaming Ferraris” disciplinary proceedings against James Archer and other CSFB employees. He acted for the FSA in the first challenge by way of judicial review to the s.56 Prohibition Order regime: R (Davis) v Financial Services Authority [2004] 1 WLR 185 (CA); in the first market abuse case to be referred to the FSMT, Paul (“The Plumber”) Davidson and Ashley Tatham v FSA; on a reference by Sir Philip Watts, arising out of the Shell Overstatement of Oil Reserves affair; in the major FSA investigation into Split Capital Investment Trusts; and for HM Treasury in the Northern Rock hedge fund shareholder Human Rights claim (R (SRM Global Capital and others) v HM Treasury (Court of Appeal)).  He acted for the British Bankers Association in the high profile JR challenge to the FCI’s PPI Policy Statement in 2011; for Yukos Oil in the JR of the FSA and Stock Exchange decision to list Rosneft (R (Yukos Oil) v FSA and Stock Exchange); for ANZ Bank in Commercial Court proceedings in respect of emerging market debt instruments (Zaeta; Altman; Alaluf v ANZ); for the Claimant in Walker v Scottish Equitable Plc [2007] Pens LR 347 (ChD) (the first case of product provider liability for advice on pension transfer); for Winterflood Securities (Upper Tribunal and CA; market abuse in AIM market making operations); for the Equitable Life Members Action Group in their successful JR of HM Treasury’s decision to reject the Ombudsman’s findings of maladministration arising out of the Equitable Life saga; and for an individual in the Take-Over Panel’s decision against Myerson, Padgett and another, the first exercise for over a decade of Take-over Panel’s “cold shouldering” power against individuals.

He now advises and represents regulators, authorised firms and individuals in fields including market abuse and insider dealing; disciplinary, regulatory and restitutionary obligations; authorisation and change in control; s.166 and other investigations; LIBOR; FX; collective investment schemes; senior management and compliance responsibilities; listing rules and disclosure obligations; Consumer Credit Act obligations; futures and options trading and synthetic derivatives; structured products (e.g. Splits, Precipice Bonds and interest rate products); pensions transfers, funding and annuities; PPI; peer-to-peer lending and financial promotions. He regularly advises and represents large institutions, in regulatory matters and financial services litigation, such as (in the past few years) Lloyds, RBS, HSBC, Barclays, JP Morgan, Citibank, UBS, Prudential, Standard Life, Nationwide, Aviva, AXA, Tesco, Greenlight Capital, Threadneedle and Winterflood.

He has also acted for clients under DTI investigation; in directors' disqualification cases; in relation to money laundering and other regulatory issues (both in this country and in offshore jurisdictions) and (in an advisory capacity) for the Hong Kong SFC, Take-over Panel and other overseas institutions. He is instructed as an expert witness (eg for JP Morgan in proceedings overseas), and was retained by the QCFRA in the first matter before the Qatar Financial Centre Regulatory Tribunal.

He is currently involved in a number of significant non-public matters before the RDC or under FCA investigation, including alleged annuity mis-selling; PPI Plevin exposure; rescue rights issues; market abuse; and in matters involving the London Metal Exchange and Financial Reporting Council.

He sits on the Advisory Board of the Financial Services Lawyers’ Association.  He recently co-chaired the Commercial Bar Association's Financial Services Sub-Group Report on the impact of BREXIT on financial services (at www.combar.com).

Cases

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Banking

Javan regularly acts both for and against regulatory bodies, including FCA; PRA; FSCS; LME; FOS; ICE; Takeover Panel; Pensions Regulator, Ombudsman and Protection Fund; Financial Reporting Council; designated professional bodies and various overseas regulators (in Hong Kong, Dubai, Qatar and offshore jurisdictions). He regularly appears before the FCA’s RDC and in the Upper Tribunal, frequently for banks and other large financial institutions as well as individuals and the regulator. He was for several years until taking silk classified as the sole top-band financial services junior in Chambers UK Directory. He is also regularly instructed in financial services litigation in the Commercial Court and Chancery Division.

He has advised extensively in relation to the Financial Services and Markets Act 2000 (FSMA) and subsequent legislation. During the passage of FSMA, his advice with Lord Lester QC on its human rights implications was considered by the Joint (Lords/Commons) Committee on Financial Services and exhibited to their First Report (HC 328-I/HL Paper 50-I). He acted for SIB in a consultative role during the development of the FSA disqualification power, appearing as counsel in the first (and subsequent) cases in which the power was exercised. He advised at an early stage in the development of bank resolution powers.

Over the past two decades, he has been instructed in many of the major regulatory disputes and scandals. He appeared in the Morgan Grenfell Companies' and Individuals' disciplinary actions, arising out of the Peter Young unit trusts affair, and in the “Flaming Ferraris” disciplinary proceedings against James Archer and other CSFB employees. He acted for the FSA in the first challenge by way of judicial review to the s.56 Prohibition Order regime: R (Davis) v Financial Services Authority [2004] 1 WLR 185 (CA); in the first market abuse case to be referred to the FSMT, Paul (“The Plumber”) Davidson and Ashley Tatham v FSA; on a reference by Sir Philip Watts, arising out of the Shell Overstatement of Oil Reserves affair; in the major FSA investigation into Split Capital Investment Trusts; and for HM Treasury in the Northern Rock hedge fund shareholder Human Rights claim (R (SRM Global Capital and others) v HM Treasury (Court of Appeal)).  He acted for the British Bankers Association in the high profile JR challenge to the FCI’s PPI Policy Statement in 2011; for Yukos Oil in the JR of the FSA and Stock Exchange decision to list Rosneft (R (Yukos Oil) v FSA and Stock Exchange); for ANZ Bank in Commercial Court proceedings in respect of emerging market debt instruments (Zaeta; Altman; Alaluf v ANZ); for the Claimant in Walker v Scottish Equitable Plc [2007] Pens LR 347 (ChD) (the first case of product provider liability for advice on pension transfer); for Winterflood Securities (Upper Tribunal and CA; market abuse in AIM market making operations); for the Equitable Life Members Action Group in their successful JR of HM Treasury’s decision to reject the Ombudsman’s findings of maladministration arising out of the Equitable Life saga; and for an individual in the Take-Over Panel’s decision against Myerson, Padgett and another, the first exercise for over a decade of Take-over Panel’s “cold shouldering” power against individuals.

He now advises and represents regulators, authorised firms and individuals in fields including market abuse and insider dealing; disciplinary, regulatory and restitutionary obligations; authorisation and change in control; s.166 and other investigations; LIBOR; FX; collective investment schemes; senior management and compliance responsibilities; listing rules and disclosure obligations; Consumer Credit Act obligations; futures and options trading and synthetic derivatives; structured products (e.g. Splits, Precipice Bonds and interest rate products); pensions transfers, funding and annuities; PPI; peer-to-peer lending and financial promotions. He regularly advises and represents large institutions, in regulatory matters and financial services litigation, such as (in the past few years) Lloyds, RBS, HSBC, Barclays, JP Morgan, Citibank, UBS, Prudential, Standard Life, Nationwide, Aviva, AXA, Tesco, Greenlight Capital, Threadneedle and Winterflood.

He has also acted for clients under DTI investigation; in directors' disqualification cases; in relation to money laundering and other regulatory issues (both in this country and in offshore jurisdictions) and (in an advisory capacity) for the Hong Kong SFC, Take-over Panel and other overseas institutions. He is instructed as an expert witness (eg for JP Morgan in proceedings overseas), and was retained by the QCFRA in the first matter before the Qatar Financial Centre Regulatory Tribunal.

He is currently involved in a number of significant non-public matters before the RDC or under FCA investigation, including alleged annuity mis-selling; PPI Plevin exposure; rescue rights issues; market abuse; and in matters involving the London Metal Exchange and Financial Reporting Council.

Cases

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Commercial

Javan acts in a wide range of commercial disputes, specializing in particular in cases involving banking/financial services (experience set out in separate section), acting for and against large institutions in both retail mis-selling and wholesale commercial disputes, as well as fraud and asset recovery matters. He has considerable experience of money laundering regulations and Companies Act requests for disclosure, both in the UK (including Channel Islands) and overseas. He has also acted in a number of tax and revenue matters.  

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Public & Regulatory

Javan appears in a wide range of public law and regulatory contexts, both for regulators and other public bodies and for applicants. He has particular expertise in the fields of commercial regulation, especially financial services, and professional discipline.

Javan regularly appears in major public law regulatory challenges, in the Administrative Court and elsewhere. He has acted in most of the recent major judicial reviews of regulatory action in the financial services field (Holmcroft/KPMG; PPI, Northern Rock, Yukos, Equitable Life). He acts, for and against regulators, in fields including broadcasting (regularly advising the BBC on party political broadcasts, prime ministerial debates, and frequently appearing in JRs of the BBC) and commercial radio/TV); newspapers; postal services (for Royal Mail in a series of JRs); telecommunications (see separate section of CV); electricity and gas (Ofgem, British Gas, the Electricity Association); railways (including Railtrack/Network Rail; London Underground PPP; Rail Regulator); civil aviation (CAA, NATS); health; pharmaceuticals licensing; DTI document production notices; professional regulation and discipline (such as the Law Society, Bar Standards Board, FCA, Institute of Actuaries, Accountancy regulators (e.g. CIMA); FRC; Pensions Ombudsman; HEFC; Audit Commission).  He has regularly acted for the Legal Services Commission in defending claims for judicial review and, overseas, advises foreign financial services regulators on a regular basis.

He was, until his appointment to silk, a member of the Attorney General's ‘A’ Panel, and was Chair of the Constitutional and Administrative Law Bar Association 2012-2014.  

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Civil Liberties & Human Rights

Javan acts in a range of public law HRA and civil liberties disputes, involving in particular freedom of expression (in media cases), elections, health, and privacy/ freedom of movement. He is a general editor of the leading textbook, Lester, Pannick and Herberg, Human Rights Law and Practice (Butterworths, 3rd ed, 2009).

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Procurement

Javan regularly advises on a wide range of public procurement issues, and has appeared in a number of the leading recent cases on public procurement, including the first public procurement case to reach the Supreme Court. Much of his practice is advisory and therefore not public, including advising clients in sectors such as utilities, airports, local authorities, health trusts, and public concessions.

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Privy Council

Javan frequently appears in the Privy Council in a wide range of public law and commercial matters from a number of jurisdictions, particularly the Caribbean. He is instructed both in cases where he has appeared in, or advised in relation to, the local courts, and also for the first time in the Privy Council.

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Telecommunications

Javan regularly acts in telecommunications disputes, in public law regulatory challenges and in the Competition Appeals Tribunal as well as in commercial disputes. He is currently acting for a large telecoms provider in a substantial ongoing Ofcom investigation.

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Achievements

Publications

Javan has written widely in the financial services/commercial fields. He has also advised and written extensively on the effect of the Human Rights Act, in fields as diverse as financial services; regulation of utilities; anti-terrorism legislation; and religious freedom.  

Public law/human rights

  • General Editor of Lester, Pannick and Herberg, Human Rights Law and Practice (Butterworths, 3rd ed, 2009) and contributing author to the first and second editions of the book.  
  • Assistant Editor, supplement to de Smith, Woolf and Jowell, Judicial Review of Administrative Action (1998; Sweet & Maxwell).  
  • Co-author, Constitutional and Administrative Law (Cavandish; 2nd ed, 2000)
  • Co-author, "Determining Civil Rights and Obligations", Jowell & Cooper (eds) Understanding Human Rights Principles (Hart, 2001).  

Financial services/commercial 

  • Co-author of a chapter on the Financial Services and Markets Tribunal in A Practitioner’s Guide to FSA Investigations and Enforcement (City & Financial, 2005; 3rd ed, 2014)
  • Co-author of a chapter on Financial Services Investigations in the OUP Fraud Encyclopaedia.  

Memberships

  • Constitutional and Administrative Law Bar Association (Chairman 2012-2014)
  • COMBAR
  • ARDL
  • Financial Services Lawyers Association (Advisory Board)

Barrister of the Eastern Caribbean Supreme Court in the territory of Anguilla; and in the British Virgin Islands.  


Selected earlier reported cases

Commercial 

  • Re Global Trader Ltd (In Liquidation) [2009] 2 BCLC 18; [2009] BPIR 446 (ChD) (priorities of client assets in insolvency).
  • Veolia Water Central Ltd v London Fire and Emergency Planning Authority (QBD, December 2009) [2009] EWHC 3109 (liabilities of fire and water authorities).
  • National Transport Co-operative Society Ltd v Attorney General of Jamaica [2009] UKPC 48 (Privy Council) (enforceability of franchise agreements in arbitration appeal).
  • Walker v Scottish Equitable Plc [2007] EWHC 1858; [2007] Pens LR 347 (ChD) (first case of product provider liability for advice on pension transfer).
  • Zaeta v ANZ Bank; Alaluf v ANZ; Altman v ANZ (to 2008) (multi-Claimant Commercial Court claims for losses suffered on emerging market debt instruments).
  • Optigen Ltd v Customs & Excise Commissioners [2006] ChD 218; [2006] 2 CMLR 18 (European Court of Justice) (Scope of 6th VAT Directive; leading case on position of innocent purchasers and sellers in carousel fraud transactions).
  • Suisse Security Bank and Trust Ltd v Governor of Central Bank of The Bahamas [2006] 1 WLR 1623 (revocation of banking licence).
  • HRH Prince Jefri Bolkiah v State of Brunei (asset recovery litigation in Brunei, UK and elsewhere). 
  • British Steel Plc v Customs & Excise [1997] 2 All E.R. 366 (CA) (restitutionary claim for duty).  

Public & Regulatory 

  • R (BBA) v Financial Services Authority and Financial Ombudsman Service [2011] EWHC 999 (Admin); [2011] ACD 71 (BBA challenge to FSA’s Policy Statement on Payment Protection Insurance complaints).
  • R (SRM Global Capital and others) v HM Treasury (“Northern Rock”) [2009] BCC 251 (Div Ct); [2010] BCC 558 (CA) (Acted for HMT on JR of Chancellor’s decision to take Northern Rock into public ownership and claim for ECHR compensation). 
  • R (Law Society) v Lord Chancellor [2010] 5 Costs LR 805 (Div Ct) (Law Society successful challenge to amendment to criminal defence costs regime).
  • R (UNISON) v Monitor [2010] PTSR 1827 (Admin Ct) (challenge to “private patient cap” regulating permitted private income earned by Foundation Hospitals).
  • R (Equitable Life Members Action Group) v HM Treasury [2009] EWHC 2495 (Admin) (EMAG judicial review of Treasury decision to reject Ombudsman findings of maladministration). 
  • R (Law Society) v Legal Services Commission [2008] QB 737 (CA); [2007] Eu LR 94 (Admin Ct) (procurement challenge to LSC’s introduction of the Unified Contract for civil legal aid).
  • R (Teeside Power Ltd) v Gas and Electricity Markets Authority [2008] EWHC 1415 (electricity generators’ successful JR of Ofgem’s decision to consider proposals to amend regime for transmission charges for electricity suppliers and generators).  
  • R (Yukos Oil Company) v Financial Services Authority and The Stock Exchange [2006] EWHC 2044 (application seeking to restrain FSA/Stock Exchange decision to list Rosneft on the London Stock Exchange)
  • R (Hampstead Heath Winter Swimming Club) v Corporation of London [2005] 1 WLR 2930 (Stanley Burnton J) (JR of Corporation’s refusal to permit winter swimming in Hampstead Heath ponds).
  • R (Davis) v FSA [2004] 1 WLR 185 (CA) (financial services prohibition power; alternative remedies)
  • R (W) v Metropolitan Police Commissioner [2005] 1 WLR 3706; [2006] 3 All E R 458 (CA) (challenge to Anti-Social Behaviour Act 2003 power enabling “child curfews”).
  • R (Harry Roberts) v Parole Board and Home Secretary [2004] 2 All ER 776 (challenge to Parole Board decision to use “special advocate” procedure).
  • R v Special Commissioner ex p. Morgan Grenfell & Co [2003] 1 AC 563 (HL) (power of Revenue to obtain production of legally privileged material).
  • R v London Underground Ltd ex p. Kiley and TfL (Admin Ct, July 2002) (legality of LU’s PPP arrangements).
  • R v Manchester Stipendiary Magistrate ex p. Granada Television [2001] 1 AC 300 (HL) (validity of search warrant issued in Scotland for execution in England). 
  • R v Higher Education Funding Council ex p. Institute of Dental Surgery [1994] 1 WLR 242 (natural justice; right to reasons for HEFC decision).

Civil Liberties & Human Rights

  • R (Law Society) v Lord Chancellor [2010] 5 Costs LR 805 (Div Ct) (Law Society successful challenge to amendment to criminal defence costs regime).
  • R (P) v Secretary of State for the Home Department [2009] EWCA Civ 701; Times 23 July 2009 (CA) (Art 2/Art 3 ECHR investigation into remand prisoner’s treatment).
  • Primary Health Investment Properties v Secretary of State for Health [2009] EWHC 519; [2009] ACD 57 (Admin Ct) (Art 6 ECHR challenge to procedure and process for valuing GP premises). 
  • R (Craig) v BBC (February 2008) (challenge to BBC decision on party political broadcasts before London Mayoral election).
  • R (Stephen Green) v City of Westminster Magistrates Court [2007] EWHC 2785 (Admin) (challenge to Magistrate’s refusal to issue summons for the private prosecution for blasphemy in screening “Jerry Springer - the Opera”).
  • R (Hampstead Heath Winter Swimming Club) v Corporation of London [2005] 1 WLR 2930 (Stanley Burnton J) (JR of Corporation’s refusal to permit winter swimming in Hampstead Heath ponds).
  • R (W) v Metropolitan Police Commissioner [2005] 1 WLR 3706; [2006] 3 All E R 458 (CA) (challenge to Anti-Social Behaviour Act 2003 power enabling “child curfews”).
  • R (Harry Roberts) v Parole Board and Home Secretary [2004] 2 All ER 776 (challenge to Parole Board decision to use “special advocate” procedure).
  • R v Special Commissioner ex p. Morgan Grenfell & Co [2003] 1 AC 563 (HL) (power of Revenue to obtain production of legally privileged material).
  • R v Manchester Stipendiary Magistrate ex p. Granada Television [2001] 1 AC 300 (HL) (validity of search warrant issued in Scotland for execution in England). 
  • Marpin v Minister for Telecommunications, Dominica [2001] 1 WLR 1123 (compatibility of telecommunications exclusivity with constitutional freedom of expression guarantee).
  • Tan Te Lam v Superintendent of Tai Chua Detention Centre and Attorney-General of Hong Kong [1997] AC 97 (legality of detention of Vietnamese migrants).
  • Ming Pao Newspapers Limited v Attorney-General of Hong Kong [1996] AC 907 (freedom of expression; legality of restriction upon newspaper's freedom to publish details of Corruption Commission investigation).

Procurement

  • R (Law Society) v Legal Services Commission [2008] QB 737 (CA); [2007] Eu LR 94 (Admin Ct) (acted for Law Society in successful procurement claim and judicial review of LSC’s introduction of the new Unified Contract for civil legal aid).
  • R (Gamesa UK) v National Assembly of Wales and Forestry Commission [2006] EWHC 2167 (Administrative Court) (wind farm tendering process).

Privy Council

  • National Transport Co-operative Society Ltd v Attorney General of Jamaica [2009] UKPC 48 (for the Jamaican Government in appeal from arbitration proceedings involving franchise agreements for bus service provision).  
  • Suisse Security Bank and Trust Ltd v Governor of the Central Bank of the Bahamas [2006] 1 WLR 1623 (challenge to withdrawal of banking licence by Bahamian regulator).
  • Fishermen and Friends of the Sea v Environmental Management Agency, Trinidad & Tobago [2006] Env LR 15 (environmental impact assessment of gas pipeline). 
  • Rojas v Attorney-General of Gibraltar [2004] 1 WLR 201 (constitutionality of all-male juries law in Gibraltar).
  • Carreras Group Ltd v Stamp Commissioner, Jamaica [2004] STC 1377 (capital transfer tax Ramsay transaction).
  • Marpin v Minister for Telecommunications, Dominica [2001] 1 WLR 1123 (compatibility of telecommunications exclusivity with constitutional freedom of expression guarantee).
  • Tan Te Lam v Superintendent of Tai Chua Detention Centre and Attorney-General of Hong Kong [1997] AC 97 (legality of detention of Vietnamese migrants).
  • Ming Pao Newspapers Limited v Attorney-General of Hong Kong [1996] AC 907 (freedom of expression; legality of restriction upon newspaper's freedom to publish details of Corruption Commission investigation).

Telecommunications

  • H3G v Vodafone Ltd and others [2008] UKCLR 83, Commercial Ct (resisted application for pre-action disclosure in substantial threatened Competition Act claim).
  • Digicel Ltd v Cable and Wireless (West Indies) Limited and Telecommunications Regulatory Commission (2007, Eastern Caribbean Supreme Court, BVI) (JR regulatory proceedings in BVI, involving a challenge to the grant of new telecoms licences).
  • R (Vodafone and others) v Competition Commission and Oftel [2003] Eu. L.R. 769; [2003] ACD 72 (challenge to Competition Commission report recommending reduction of mobile call termination charges)
  • R v Secretary of State for Trade and Industry ex p. Orange [2001] CMLR 36 (lawfulness of insertion of Significant Market Power conditions into mobile  licences)
  • Marpin Telecoms and Broadcasting v Cable & Wireless Dominica [2001] 1 WLR 1123 (Privy Council) (Overseas, Javan over a number of years advised and appeared for Cable & Wireless group companies in a considerable number of cases in (inter alia) Bermuda, Jamaica, Cayman, Dominica, Trinidad & Tobago, St Kitts, Antigua, Barbados, Anguilla and British Virgin Islands, involving issues such as construction of licences; by-pass and interconnection; arbitration clauses; and the effect of constitutional freedom of expression and property guarantees on exclusivity. He acted for CWD in the Privy Council in the Marpin case, which involved telecommunications exclusivities, by-pass, licensing and freedom of expression.

VAT registration number: 627506145

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