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    • Savers are pouring money into cash Isas as they look to protect the interest on their nest eggs from tax. They put more than £11bn into cash Isas in April.View the full article
    • The stock ended the trading day at nearly $136, up 3.5%, making it more valuable than Microsoft.View the full article
    • More from the Second Sight guys in the Law Gazette. Post Office Inquiry: Second Sight accountant accuses lawyer of conspiring to pervert course of justice | Law Gazette WWW.LAWGAZETTE.CO.UK Second Sight accountant found compelling evidence in two cases that evidence was withheld, public inquiry is told.  
    • Why have there not been arrests yet? Waiting for the end of an inquiry which seems designed to drag on forever is a feeble excuse "the Post Office “was constantly sabotaging our efforts” to seek the truth and used claims of legal professional privilege – a type of confidentiality which covers legal documents – “to justify withholding documents from us”. "Aujard had said the state-owned body “would not hesitate to take legal action against me” under a “draconian” non-disclosure agreement (NDA)" "Henderson became concerned after reviewing the case file of Jo Hamilton, .. Henderson said the Post Office’s decision to charge Hamilton did not seem to be supported by its own internal security report, and there was evidence that “potentially exculpatory material” had not been disclosed to her at trial or subsequently. “I regarded this as either professional misconduct or, potentially, criminal conduct,” he said."   Horizon IT scandal investigator tells inquiry Post Office was ‘sabotaging our efforts’ | Post Office Horizon scandal | The Guardian WWW.THEGUARDIAN.COM Ian Henderson, looking into possible miscarriages of justice, said he came to believe he was dealing with ‘a cover-up’  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like

Appeal Bundles - Civil Appeals - Parcel Delivery Firms


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I suppose so not sure if you will have any success.

We could do with some help from you.

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Alright well I've already paid so nothing to lose anymore!

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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If I'm submitting the arguments all as one bundle should I do page numbers for each thing (i.e page numbers for the skeleton and page numbers for the statements) or should I just do one set of page numbers the whole way through for the whole bundle?

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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Thanks!

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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Posted (edited)

Hi, 

 

I'm almost done. One question is should I include a header with " Claimant's Trial Documents" or something similar and include a copy of my WX from the trial since that has the claim form defence and documents that were relied upon at trial so that the judge can see that? or should I assume they will already have those documents on the file and so simply include a short statement of case to show the case I intend to prove at the appeal should permission be granted.

Since I've made a shorter concise statement of case setting out what I intend to prove at an appeal hearing I'm thinking maybe removing the header of "Documents/Exhibits for use for Permission to Appeal   " since the permission to appeal focuses on the grounds of law and so I'm thinking of just having

 

Appellant's documents

  • Statement Of Case
  • Skeleton Argument 

 

Then a seperate category named

Trial Documents

  • Claim Form
  • Defence
  • Claimant's Witness statement
  • Exhibibts to Claimant's trial witness statement

 

I'm wondering you think would be better, only because I don't reference a single exhibit in my appeal statement of case since I am just explaining the undeveloped points of law around why the judge is wrong since the  statement only focuses on permission, not the outcome of the appeal so there is no reference to any exhibits?

 

Or should I just remove exhibits and not add trial documents or exhibits on the understanding the judge will already have the trial documents and that if permission is granted I then include them in my appeal bundle.

 

Thanks

 

N/B My statement of case doesn't have the claim form or defence or any witness staements in. it is simply a short 4 page document setting out the claim history and the points I intend to prove at the final appeal hearing should permission be granted.

Edited by jk2054

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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@AndyOrch
 

Hi just wondering if you had any thoughts

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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Yes that would be okay anything to make it easy to follow the judge...as long as you have covered all the required in the link ...how you present it is for you and the more professional and easy for reference the better. 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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