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By Unknown2024 · Posted
This case is on the small claims track, I don't know if the fast or multi track is different. I was just never told to send an appeal bundle with the permission to appeal and there was no mention of it on the N244. Nonetheless I'm sure it will come up later on if permission to appeal is granted -
Hi Yes. They've dropped the case altogether before it went to court. Thank you to all the team, dx said they might and they did. I really appreciate the help, you can add this to the success thread. I'd donated before to show some appreciation Thank you -
what do you mean even for small claims? -
By Unknown2024 · Posted
Okay that's confusing. Even for small claims? Nobody / nothing else said anything about an appeal bundle for the initial N244 form Anyway, yes I will pay for the transcript and will post a copy up once I receive it in hopefully a few days time -
You are missing part of the. point. You have to make an appeal bundle before getting permission normally, which is why your first step would normally be to make an appeal bundle. You haven't been asked for that but you might do later. just get it done and come back here once you hear back from escribers with the transcript
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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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