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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. -
So, by my count there are 13 fully redacted pages?!! 6, 9-16, 21-23 and 25. RIDICULOUS... -
Hello AndyOrch The postman has just been and nothing has been received. Do we still proceed to send ours as per the list in post #204 ? The deadline is 4pm tomorrow 16th May as per the claimants Draft Directions. The court still is not confirmed, however we will put our local one which MCOL shows it has been transferred. The N265 for doesn't allow us to type in the signature box, so should we just print our name or sign with our signature ? I can send today by 1st class post today with proof of posting or tomorrow could deliver to the solicitors office by hand. Thanks for your help and assistance 1Penny -
https://www.ccleaner.com/recuva -
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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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