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      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.

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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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What is a Pre Trial Review?


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I have got a letter this morning from the court setting a date and time next month for a 5 minute Pre-Trial Review at the county court.

 

Can anyone tell me what will happen? Is this just to sort out the paperwork, or will things be decided?

 

The time is set for 11:30am. Could I change this time to earlier as it cuts the day in half and I won't get paid.

 

Help appreciated.

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I got the same thing at the beginning of this week I did ask the question at the link below but as yet no replys, I expect with the weather and all that people have been a bit busy this week. I have looked on the forum but cant find anything specific, knowing the helpful people on this forum I'm sure someone will give a few pointers soon

http://www.consumeractiongroup.co.uk/forum/barclays-bank/59152-got-court-date-preliminary-post496055.html?highlight=bullyboy#post496055

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Linda,

 

Thanks for reply. I am sure someone can tell us what a 'Pre Trial Review' is. However, the lack of replies might mean the experts don't know.........(Red Rag to Bull hopefully)

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Hi. They are not the same.

 

A pre-trial review is for cases allocated to the multi-track and is dealt with in CPR29 and is a case management conference in Civil Proceedings. I suggest you contact the court manager and ask for clarification. You must attend.

 

A preliminary hearing is for cases in the small claims and is dealt with by CPR 27.The CPR Rule 27.6 states:

 

27.6

(1)The court may hold a preliminary hearing for the consideration of the claim, but only –

 

(a)where –

 

(i)it considers that special directions, as defined in rule 27.4, are needed to ensure a fair hearing; and

 

(ii)it appears necessary for a party to attend at court to ensure that he understands what he must do to comply with the special directions; or

 

(b)to enable it to dispose of the claim on the basis that one or other of the parties has no real prospect of success at a final hearing; or

 

©to enable it to strike out (GL) a statement of case or part of a statement of case on the basis that the statement of case, or the part to be struck out, discloses no reasonable grounds for bringing or defending the claim.

 

(2)When considering whether or not to hold a preliminary hearing, the court must have regard to the desirability of limiting the expense to the parties of attending court.

 

(3)Where the court decides to hold a preliminary hearing, it will give the parties at least 14 days’ notice of the date of the hearing.

 

(4)The court may treat the preliminary hearing as the final hearing of the claim if all the parties agree.

 

(5)At or after the preliminary hearing the court will –

(a)fix the date of the final hearing (if it has not been fixed already) and give the parties at least 21 days’ notice of the date fixed unless the parties agree to accept less notice;

(b)inform them of the amount of time allowed for the final hearing; and

©give any appropriate directions.

 

 

Note the bit about striking out! PRELIMINARY HEARINGS ARE NOT THE NORM! You should have been given a reason for the hearing with the notification of it. If not you need to contact the court at once to find out why one has been ordered. With a bit of luck maybe the judge is considering striking out the defence! See Judge Tooms and Lincoln County Court and kazzaw!

 

You must be prepared to answer any questions the judge puts to you, these are not a formality.

 

Hope this helps, good luck.

 

Let us know what happens.

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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Hi

 

Absolutely!

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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If they only allow 5 minutes for the review, what exactly will happen - for example by the time you have said who you are etc the time will have passed.

 

Or might it be longer than 5 minutes.

 

Will the bank's solicitors actual turn up, or will they find some devious way to stay away and simply waste my time?

 

 

Umm.....if I go fully armed, what should I take?

 

(Shotgun perhaps?)

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