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Did the Claimant's WS not have an address on it? If they're doing no witness attendance and their WX doesn't have address pers i'd be asking judge to not allow it under CPR r3.4 2(c) based on the Defendant's failure to adhere with the N157 directional notice which shows clear disregard for CPR. Evri's been caught out for non cpr compliance so worth a shot in any case imo -
On your N157 on preparing a statement -
By unclebulgaria67 · Posted
Once social services become involved, it is very difficult for them not to attend a property. If someone died and later there was an inquest, social services would be under a spotlight about actions they failed to take, that might have prevented the death. This is the reason for the legal department sending the letter. Not saying that anyone in your household is in danger, but social services without visiting may be worried about the condition of the housing and possible risk to occupants. I would suggest that you agree for social services to attend, just so that any concerns raised can be cleared up. -
By Badtimes123 · Posted
Hi jk, thanks for checking up on this. I didn’t know that rule specifically but yes the first page has. I just copied the same format as the claimants WS thanks again -
Its to confirm, or not, if there are any safeguarding issues. These people, as you unfortunately call them, are only there to help, as you and your family are too close to any issues to be objective. Accept the offer, you might not get another chance. H
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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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