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    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
    • I'm afraid that I have tried downloading it three times and each time I am getting an error message. Would you mind scanning it again please and uploading it again. I understand that JK has managed to open it but others may not. Thanks
    • I can see that.   In this case, I'd email both that receipt and your tracking label to evri's small claims email and say that is the information you have.   They'll figure it out from there I'm sure
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    • 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.
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      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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DPA and medical records


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Can I get my medical records under the DPA?

 

If so who do I apply to, how far do they go back and is it £10

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yes you are entitled to see your medical records .

I applied under DPDR and was told to make an appointment to go into hospital to view them .The consultant was hovering around with a face like thunder watching me read them.

 

this may help

http://www.dh.gov.uk/PolicyAndGuidance/OrganisationPolicy/RecordsManagement/DataProtectionAct1998Article/fs/en?CONTENT_ID=4000489&chk=VrXoGe

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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I need a copy of mine to take to my Occupational health at work but the receptionist at my surgery was saying I might not be able to have a copy, but am allowed to see it, but wont be getting my copy.

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You don't need a DPA as such. Just write to the practice manager at you surgery and/or the health records manager at the hospital and request is disclosure of records under the Access to Medical Records Act (2000 - I think), but thats the right act; its a step forward from the Data Protection Act. Under the DPA you were only allowed to see records from Oct/Nov 1990. Now you can see all your records (less records that you are not allowed to see under law such as adoption records, records with reference to other people or records they feel might cause you halm).

 

they have 40 days to sort out an appointment for you to view you records, viewing them is free, but if you want a copy of computer records the costs is £10 and if you want a copy of paper records the max is £50.

The law maybe reason without passion as Aristotle said, but hey, he said nothing about having fun when getting even!

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal expereince. For legal advice you must always consult a registered and insured lawyer.

 

 

Reputation Points Always Welcome

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  • 1 month later...

How about the medical records of a parent (deceased)? Is it possible to request these?

I think, my mother was very badly cared for by home carers. But would like to see records...

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If you have a legitimate claim under the estate (beneficiary or executor) you are entitled to see/ receive a copy of your mothers medical record under the Access to Health Records Act 1990. Ths has been superceded by the DPA for living persons but still applies to deceased individuals.

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  • 12 years later...

This topic was closed on 03/07/19.

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