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By Whyisitthis · Posted
Hiya I sent B&Q £5 in the post along with an apology once I’d got home. Many thanks -
The WS with exhibits is 22 pages in total. Reason why I'm not sure is because of the section below about 'in person' hearings saying a hard copy is required? Trial Bundle Format.pdf -
By LouLouDev79 · Posted
so in terms of the draft witness statement I uploaded, what do you suggest I amend? And do I need to send the bundle of docs as per the first page? They are basically the same docs that the claimant included. also when I rang the court to ask if it had been automatically struck out, they suggested I sent a covering letter with my witness statement stating that the claimants failed to comply with the directions and therefore the case should be struck out. -
How long is your WX? If 30 pages or less then your fine if more than 30 then you need to post -
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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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