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By occysrazor · Posted
I had no idea he had even said my name or was looking for me, till he randomly came up to me to introduce himself -
Thank you, I have asked my solicitor if st this hearing Wednesday I’ll be able to make the stat dec and the solicitor has stated yes that it’s highly likely as you can make a stat dec anytime before the court and they’ll be just as keen to deal with the matter but there’s no guarantee. Could I ring the court before hand and ask if this would be possible? But also think this could damage the chances of being seen Wednesday. I’ll be very annoyed if Wednesday I go there and the stat dec can’t be motioned (not sure if right terminology) -
Thanks for interpreting that Honeybee, so no offence then just a miscommunication. Bazza - please re-read. -
also that advocate should get done for contempt too outrageous behaviour -
nah you looked and sounded pretty confident tbh compared to some Lip’s ive seen I was slightly worried when the advocate said your name and walked towards someone in sports tracksuit tho ill be honest 😭
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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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Who's to blame? Salesman or finance company??
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