Ask a Law Question, Get an Answer ASAP!
Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.
I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.
thank you for the above. Final couple of questions if I may:
thank you. Companies A & B R from what you describe separate Incorporated companies and therefore one cannot be sued over the failures of the other. In fact, it is quite common practice for larger businesses to incorporate a holding company to hold the assets of the company and then separate subsidiary companies which actually carry out the trading. The reason for this is separation of risk so that if one of the trading companies is sued, the claimant cannot access the bulk of the assets owned by the company which are owned by an entirely separate holding company.
If Company A provided you with evidence of their public liability insurance, it may be that you would be able to make a claim against that policy if they have become insolvent. Otherwise, you would need to make a claim against the insolvency practitioners which are appointed by company A if they are being wound up or placed in administration. in the circumstances, it is unlikely would make a full recovery.
If you have evidence that the directors of the company were trading company A knowing the company to be insolvent, then you may be able to sustain a claim against them personally. If you have such evidence, then you would need to liaise with the insolvency practitioners there appointed in the administration or liquidation of company A
If you can demonstrate that the information provided to you by Parcelforce was wrong and negligently provided, then you may be able to sustain a claim for loss by way of negligence. however, as your claim is for money that you have lost, it is likely to be a challenging claim to bring as the courts will generally exclude claims for so-called pure economic loss on grounds of negligence alone. Accordingly I do not see an obvious route by which a claim against Parcelforce could be successful based on the above
you are welcome to request a phone call however, I think we have covered the main elements of the potential claims available to you above which regrettably, seem relatively limited in scope.
I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.
Thank you again for visiting JustAnswer and see you again in the future I hope.