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By Sarahswoes · Posted
The strangest thing just happened. When I emailed the Witness Statement to the lawyer whose name (and email) was on a Witness statement I got an immediate reply saying: Please note that I have now left the business and no longer have access to my e-mails. Therefore, please forward all e-mails to.... this other lawyer (who I just noticed was the one who corresponded with a court via email about pushing my case on an urgent table. Do you know can someone else represent a witness statement written by someone else? -
Here is a copy of what the court will send Notice of Allocation to Fast Track n154 which will contain the confirmed directions with dates. https://assets.publishing.service.gov.uk/media/5aa6b580e5274a3e391e3b0e/n154-eng.pdf -
Ok thanks.I am glad I asked as have been waiting to hear from the court. I will look at the form n265 tonight and will post up before sending. Could you kindly give me guidance based on my defence in terms of what I should include. -
By BankFodder · Posted
Thank you for this and the attached documents. It all looks fine. The worry about their confidentiality statement. This is normal practice and they probably don't even understand what it really means. They can't impose a legal duty of confidence upon you in this way and there is no reason in equity why you should be bound by a moral duty of confidence – for instance, you didn't eavesdrop this information only didn't find an obviously confidential document belonging to someone else on the street. I'm a little bit concerned about their claim that they have a contractual term with Packlink she expressly excludes third-party rights. I understand from the Cagger above that this has occurred elsewhere but I haven't seen it and certainly I'm not aware that has been relied upon in court yet. We shall certainly start advising people who come here to sue in negligence as well as contract by way of alternative -
Absolutely otherwise you will not be allowed to rely on written evidence.
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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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