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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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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Court case against sisters ex husband lawyer required **RESOLVED**


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I can’t go into detail as the other party maybe on here.

I’m currently waiting for the final hearing date.

The claimant ( sister’s ex husband) has been LIP until now and has recently got himself a barrister. 

I don’t have any representation and the reason for this post is can anyone recommend a lawyer based in the West Midlands. 

I’m on low income and I’ve tried Gov website to see if I’m eligible for Legal Aid but it seems unlikely.

thanks

im4347

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Hi.

We don't recommend lawyers, I'm afraid, our rules don't allow it.

You're looking for a pro bono barrister, from what you say. You could try local law colleges who may have workshops for members of the public. Or there's a pro bono system for barristers which I'll go and have a look for. Someone on here did find one, I'm tagging @HP Mum to see if she can help.

Do you have your files all organised? If you're going to show your case to someone else, they need to be able to understand it easily.

ETA: This is the pro bono organisation supported by the Bar Council, if you google 'pro bono barrister' there are others.

WEAREADVOCATE.ORG.UK

Advocate: Finding free legal help from barristers

HB

Illegitimi non carborundum

 

 

 

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  • 4 weeks later...

My input re Advocate is that you need to apply well in advance. 

They suggest minimum of 3 weeks before hearings.

But the reality is they are very busy and it can take months to get help. 

If you are lucky to be "approved" then they send your issue out to many chambers - in the hope barristers see the "pitch" and offer to help

The quality of barristers can be brilliant.  But they are not allowed to be heavily involved in any case. Their pro-bono time is restricted. Which can be a problem with on-going and complicated cases.

What can happen is you keep being given different barristers when their time allocation is exhausted.  That can impact continuity.   But it is a valuable service for those in need.   The chances of getting legal aid are remote (especially if it involves property)

Hope this helps

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  • 3 months later...

Hi all

Quick update

After the long process of going through the Advocate application my application was accepted

I was waiting to be informed when a barrister would available to take on my case, 

unfortunately one isn’t available, I was notified earlier today.

My hearing is tomorrow morning and I have no choice but to go it alone, its a real kick in the gut. 

I'm not sure if there is any other help available at this very short notice....

IM

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Posted (edited)

Can you file an application to adjourn? If you don't have money (are on benefits) you can apply online for the Govt help with fees.  It's really simple. You need your NI #.  If you are on, say uc, Hmrc will check and give you a code immediately at the end of the online process.  You input that on the top right of the n244 application form.  It means you don't pay to make the application.  You email the court and must cc the application to the otherside.  

You would make an application as a litigant in person for an adjournment due to barrister unavailability.  Ask to adjourn for say 2-3w.  And get back onto Advocate to find counsel asap ?

Edited by HP Mum
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Ok. I can't assist with a clinic. 

But go online and get a n244 form and make an application to adjourn.  Ring the court immediately and get their email address now.  Then file it tonight.  You'll still have to attend tomorrow probably at this late stage - but if you arrive early you can probs agree an adjournment w/o attending before a judge.

Do you have Adobe Photoshop?  If not, download a free 1w trial.  (Don't forget to cancel or its £19/m). This makes it really easy to fill in forms and create bundles.  It's a learning curve and time-consuming. I get an annual subs now as I use it all the time for my legal stuff.

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Just don't panic!

Prepare for tomorrow. As best as you can. But aim to confidently demand an adjournment. Lawyers do this all the time at the last minute 

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Fyi - I'm not a lawyer. Just been through a lot alone the last few years.  Others may come along soon to help. But this is what I would do in your shoes.  I would also send a brief email immediately to Advocate and tell them you are going to ask for an adjournment and in the event you succeed could they try their best to find counsel for you in the next 2w ...

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Hope you got your case adjourned.

If you need pro-bono lawyer help - law works helps nationally.  I believe there are legal clinics in your city university.  Check out law works and your university.

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I actually did one better and came to a settlement, didn't cost me a penny. so great result...case closed.

Many thanks for your help, much appreciated.

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  • dx100uk changed the title to Court case against sisters ex husband lawyer required **RESOLVED**

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