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Ah ok, in post #188 you mentioned "No the claimant sets the time frame on the directions." So although the claimant mentioned in their Draft Directions "By 4pm on 16 May 2024 the parties must each give standard disclosure of documents by way of list by category" the court will confirm the Directions and dates, therefore N265 deadline will not be the same as what the claimant stated in their draft and we await further direction by the local court. Is my understanding correct ? -
Thanks for the site. I'm terrified of malware, is this site OK? -
It has come back to bite me after Five years. Received a Reminder Letter from ELMS Legal to pay the outstanding PCN charges. This is was sent to my old address. I have attached the letter. Please have a look. ELMSLegal.pdf -
No wait.....dont forget the court has still to confirm the directions....a claimant does not set deadlines. I would wait a few days. Yes -
By supernick90 · Posted
almost correct. 14-15 weren’t included at all! there was also an appendix of sorts of other schedules. All of this was redacted.
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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.
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OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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