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By Theclaw123 · Posted
Thanks Man in the Middle and everyone it's greatly appreciated form was filled in online yesterday now just have to wait and see -
Hi, I'm almost done. One question is should I include a header with " Claimant's Trial Documents" or something similar and include a copy of my WX from the trial since that has the claim form defence and documents that were relied upon at trial so that the judge can see that? or should I assume they will already have those documents on the file and so simply include a short statement of case to show the case I intend to prove at the appeal should permission be granted. Since I've made a shorter concise statement of case setting out what I intend to prove at an appeal hearing I'm thinking maybe removing the header of "Documents/Exhibits for use for Permission to Appeal " since the permission to appeal focuses on the grounds of law and so I'm thinking of just having Appellant's documents Statement Of Case Skeleton Argument Then a seperate category named Trial Documents Claim Form Defence Claimant's Witness statement Exhibibts to Claimant's trial witness statement I'm wondering you think would be better, only because I don't reference a single exhibit in my appeal statement of case since I am just explaining the undeveloped points of law around why the judge is wrong since the statement only focuses on permission, not the outcome of the appeal so there is no reference to any exhibits? Or should I just remove exhibits and not add trial documents or exhibits on the understanding the judge will already have the trial documents and that if permission is granted I then include them in my appeal bundle. Thanks N/B My statement of case doesn't have the claim form or defence or any witness staements in. it is simply a short 4 page document setting out the claim history and the points I intend to prove at the final appeal hearing should permission be granted. -
By honeybee13 · Posted
Tory MPs didn't expect a July GE - and now they're furious. Tory MPs didn’t expect a July general election – and now they are rightly furious | Henry Hill | The Guardian WWW.THEGUARDIAN.COM Sunak’s party has plunged into a short campaign without a plan, says Henry Hill, the deputy editor of ConservativeHome -
By honeybee13 · Posted
What's the plan, @Reapstar? Perhaps you could update us on what's happened please. HB -
Topic Title updated.
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On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.
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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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