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Well that looks cut & dried then. DCBL have made the mistake of mixing up the two hearings through getting the tea boy to prepare their paperwork. Concentrate on being accepted as a Litigation Friend first. Then once this formality is over we can destroy their WS. -
By Laura Cooke · Posted
Well the paper work from the Court does say preliminary hearing and that I am to forward my email and contact number 7 days before the hearing. At the hearing they will decide If they accept me being Litigation Friend on behalf of my mentally disabled son. -
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Thanks Dave and LFI for your time and guidance. You've been superstars. My WS is so much better. I'll keep you posted on how it goes. -
OK, Laura has received DCBL's WS "for the hearing on 25th June 2024 at 14:45". At first glance these legal geniuses, who are just used to preparing cut & paste WSs for whatever hearing is fixed after DQs, haven't twigged that 25/06 is not the full hearing date. But are we 100% sure it is a preliminary hearing, and not the full hearing date? The WS is full of laughable own goals but let's deal with that after, let's be sure about what will happen on 25/06 first. Witness Statement and Evidence bundle (Pag) (46 Pages)-1.pdf
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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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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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