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good work well done. dx -
By Sarahswoes · Posted
Thanks for the reminder to breathe DX! The Judge has allowed my witness statement and the evidence I emailed to the court and Drydens yesterday at 5pm. THe evidence I emailed to the court on Friday was the same as that attached to the witness statement. But he said neither party can amend any more or submit further evidence. I'll upload my full witness statement with the evidence tomorrow evening once I rest a bit so you can see what I submitted. -
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Ok many thanks. We haven't yet finished the Witness Statement as that is still work in progres. So for the N265 that we will send I list it like this : Exibit 1a. Last page attached to claimants N181 Direction Questionnaire) - Pre-action protocols - Dated 16/04/2024 Exibit 1b. Copy of the Lease - Dated 4th September 1998 Exibit 1c. Statement of account - Dated 20/02/2024 Exibit 1d. CPR 31.14 Request - Dated 28/02/2024 Above I think are the only documents we can list unless you think that we should include any e-mails ? When it comes to our witness statement I will use the same numbering. We list these where it says "I have control of the documents numbered and listed here. I do not object to you inspecting them/producing copies" ? Do we sign (print name) and date in the boxes on page 2 ? On page 1 in the box on the right do we put "in the" (name of our local court) ? And we would tick Defendant under where it says Disclosure Statement ? Apologies if stupid questions but not done one of these before. I will look to post this first thing tomorrow if what I have put is ok ? We will each send our own copy to the claimants solicitors. -
did the judge makes any ref to those emails/letters you sent to the court of recent? just trying to gauge what of your evidence/statements are going to be considered if nothing further will be allowed? sorry we should have warned you drydens will try it on before/after in little chats.
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If you are buying a used car – you need to read this survival guide.
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If you are buying a used car – you need to read this survival guide.- 1 reply
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Hello,
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A2Dominion - Housing Association property flooding - damning ombudsman report
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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.
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
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