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By Sarahswoes · Posted
Thanks! So, I need to scan and upload their witness statement? The file will be too big! Do you know where do I need to put it, in the evidence part? I was thinking to send the form without signature as I don't have time but I guess I'll have to print and scan otherwise they can also get me for that. There is a hand written signature on their witness form. -
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Both....mark it as an exhibit.....have you uploaded a copy of their statement in support of their application ? Also you must remark on the quality of that copy agreement as its illegible and lawfully not enforceable pursuant to the CCA1974 sec 61 61Signing of agreement. (1)A regulated agreement is not properly executed unless— (a)a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and (b)the document embodies all the terms of the agreement, other than implied terms, and (c)the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible. . .
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As businesses downsize in the hybrid-work era, empty offices could become 'flats for millionaires with little daylight' – or an opportunity to reinvent the city centre.View the full article -
By Sarahswoes · Posted
Sorry, one more q... I've included some text from Erudio website and put it in quotation marks in point 24 as it helps me make a point better. I s that OK? Or must I include it in the paginated evidence separate to the statement?
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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.
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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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