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Parcel insurance is unnecessary and unenforceable - The Times


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Do you need to pay for extra delivery insurance in case your parcel or...

 

 

 

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It's trite law that contractual terms and conditions are subordinate to statute law, so from that point of view it will be unnecessary to refer to those comments in a future case.
On the other hand, it might certainly be worthwhile to point out to a judge that these companies routinely try to mislead their customers by claiming that their terms and conditions override any statutory obligations. It would be useful to suggest to a judge respectfully that his/her comments in their judgement should express criticism of this style of argument from the companies and also that the judge might be prepared to express a wish in the final judgement that the companies should desist from this misleading practice.

If this kind of sentiment were to be expressed by a judge in a judgement and went on to be ignored in future pleadings by a courier company then I think it would be taken quite seriously by any judges in the future. Even though County Court's are simply "junior courts" – not "Courts of Record".

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