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Ok so they have given you the contract of you and packlink. your enforcing the rights of the contract between evri and packlink.... so I don't really think this contract makes a smudge of difference. unless ive missed something @BankFodder Also on the bit that says "Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink," such agreement hasnt been provided so can't be considered. judges arent goign to consider a term that the defendant has just said exists. thats not how it works. -
By lookinforinfo · Posted
I think Stockford Anderson are the land owners there. You could ring their London number 020 3443 8500 to confirm. if so the CEO paul Anderson and his son Aaron are about to climb Mount Everest to raise money for Dementia UK. There have been a number of fatalities on the mountain recently though the CEO of Iceland did complete the UK Dementia challenge last week. However the winds over Everest are going to increase in the next few days so anyone not on the way up at the moment are likely to be prevented from climbing. -
I see libby is still there going strong...
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what happened after all the free advice we gave you?? dx -
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
We have finally managed to obtain the transcript of this case.
The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.
Frankly I don't think that is any accident.
One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.
Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.
We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
This is good ethical practice.
It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.
OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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