Driscoll Kingston have been up and running for 6 years today!
The case in question was a public liability case which had exited the portal. The Claimant then made a pre-action disclosure application to seek necessary disclosure from the Council.
The application did not go to a hearing as disclosure was provided and costs where then awarded on the basis of CPR 46.1 in the sum of £1,250. The Defendant successfully appealed on the basis that the costs should have been determined by the fixed costs applicable to personal injury cases commenced in the portal as the application was an interim application under CPR45.29H and as such the costs were limited to £305.
The Court of appeal upheld the decision that the correct costs to be awarded where £305. This was on the basis that the fixed costs regime applied to the costs of the application for a PAD. The Judgement of LJ Briggs (which was agreed by LJ Irwin and LJ Jackson) was that once the claim had commenced in the portal the fixed rates were intended to apply so as to ensure “proportionality in the conduct of small or relatively modest claims.”
Although this was a public liability case, it was stated that this ruling would also apply to RTA cases that commenced via the portal.
Although this is a decision that will be welcomed by Defendant’s the clear issue is that this decision will do nothing to deter Defendant’s from failing to comply with a PAD application. It seems that the threat of a PAD application from a Claimant will do nothing to encourage a Defendant to provide the disclosure that they should have provided initially.
We have recently been getting updates and a report in relation to our girl’s football team Goalzngirlz.
Currently we have two teams with Goalzngirlz. One team has been unbeaten for 9 straight months which is a huge achievement.
Below is a report on one of the last games which Goalzngirlz written by one of the girls parents…
Match day and last one of the 2016 for Goalzngirlz Football Club with all three teams in action at various kick off time.
Tigers take on Woolten Under 9’s
A cold start meant a few of the girls suffering this morning which was unfortunate but before they could enjoy the rest of their day they had a job to do and after a slow beginning it was a job they completed well.
Main aim today was enjoyment and that also meant an opportunity for a little unsung hero to grab the limelight…. reluctantly…..
Most footballers revel at the chance to get an opp to play up front, even Tilly between the sticks hounds the life out of coach to play out, not the Tigers back two though MAD1 and Lilly Anne quite happy to sit tight and do their own stuff leaving the attacking to the forwards.
This week meant it could be changed up and the girls could go ALL OUT! And all out they did, confidently and efficiently dispatching the lesser experienced side.
Some great passing routines practiced in training were applied to the match pitch and before long the scoring commenced with a lovely back post finish for Lily Granham, this quickly grew to two then three from Captain Lilly May and Super Leah Newman. Respectively the half time whistle drawing close to an end of a great half for the Tigers who never really come out of 2nd gear.
A quick chat from coach and a few positional changes, Alex volunteering for goalkeeping duties so Tilly could tread the boards and the defensive pair moving further up the pitch allowed a more direct approach and to be fair with a defensive three of Leah, Lilly May and Lilly C – operation Lilly Anne could commence attack after attack ensued with tigers grabbing a further three in quick succession, a rare goal from nut job Tilly sandwiched in between a sliding finish from the captain and another worldy from the upbeat Leah, was there enough time for Lily Anne…. You bet there was…. Girls done all they could to make sure their teammate never left the field disappointed and with virtually the last kick off the game, it came… the illusive goal we had been waiting for, a lovely dibble from Lilly C and MAD1 then Tilly which was threaded through to Lily Anne who coolly took her chance…. Tikabow Lily, the roar went up from all parents including those from the Cubs and Lily Anne was congratulated by her team mates, job done, the smile said it all…. A great finish to the year, time to rest and enjoy Christmas then we go again!
Well done Tigers.
At Driscoll Kingston, we are pleased to hear that the girls did so well towards the end of last year. We cannot wait to hear more about what they are going to do in 2017!
Driscoll Kingston Solicitors are proud to have recently sponsored the Sefton Shining Stars event which is an event dedicated to recognise exceptional young people in Sefton.
The Sefton Shining Stars awarded young people in several categories including achieving and caring, volunteering and community spirit, inspiring change, achiever of the year, fundraising, changing attitudes, bravery, personality of the year, participation and the shiniest star award. The winners of the awards were given a certificate, a trophy and high street vouchers.
Joanne Bold and Jennifer Campbell attended the award ceremony on behalf of Driscoll Kingston Solicitors. The ceremony was opened with the Sefton Sea Cadets Glee Club before the awards began and the entertainment continued throughout the night. The event also included a resident magician, a photo booth, lots of food and a raffle for the winners. Joanne and Jennifer also had the privilege of presenting the Fundraising award with the winners having raised over £150,000 for their chosen charities.
Driscoll Kingston Solicitors would like to say a huge congratulations to all of the worthy winners and would like to thank the organisers of the event for a wonderful evening.
Back In June Driscoll Kingston sponsored Amy Staniford to go to Africa with the GIVE Organisation.
The GIVE Organisation is an organisation which has volunteers work on sustainable development projects that are designed to make a lasting difference through the improving infrastructure, increading educational opportunities, implementing fresh water systems and protecting endangered wildlife. GIVE organisation has four different types of projects in places such as Nicaraguam Tanzania, Thailand and Laos which have multiple projects which are Eco-friendly Infrastructure, Education programs and Wildlife Convervation. Anyone can volunteer to go on these trips to make a difference to other communities in Africa and doing one of these trips can be both rewarding and life changing so we encourage you to apply on their website http://www.givevolunteers.org/
During Amy’s stay she kept a diary about her trip, which you can read below. Along with this she has kept photos of her volunteer trip.
We travelled over to Zanzibar Island to the village of Cairo which was so run down they had literally nothing. As part of the GIVE organisation the project was to open the biggest school on the island. The funds raised went on all the material needed for construction, teaching materials, a school bus to pick up children from different villages, desks, and teachers!
We were up at 7 every morning and headed up to the work site. I chose to do construction in the mornings and teaching in afternoons. So 8-12 I was on construction, we would do things such as make cement by hand which I soon realised was more difficult that what I imagined! I also collected tyres and tried to come up with ideas for a playground. We noticed all the kids loved to climb- anything they could. So we decided to make 2 big pyramids for them to climb all over. As well building we painted the classrooms and chalk boards and we finished already built desks as they were rough and splintery so we sanded down a high quantity of desks so we could varnish and stain them.
In the afternoons we’d head back to the work site to teach. I chose to work with the younger children aged 2-5! They were the cutest kids ever! They would literally jump all over you try and climb up you like 5 at a time! They knew their alphabet and how to count, they were so excited to show us what they knew we couldn’t get them to sit down for even a minute. We’d split into little groups, take a few kids each and play games like find the letter or sums or name the animal etc. Seeing some of them so eager to learn was just amazing, some of them were so clever, others who didn’t know any English at all were a bit more challenging but when they finally understood it was so worth it!
One day the younger children did not attend the school so I was able to work 1 to 1 with a 13 year old girl, she had only been taught a small amount of English so it was challenging because at first the language barrier was difficult, probably one of the most challenging things I have ever had to do. However when she understood small amounts she was really pleased and we would both get excited and that was so rewarding!
The last day on Zanzibar was so emotional because we had to say goodbye to the children, some of them got really upset and I cried! I felt so settled and happy there it was strange, everyone was just so happy and positive and although they had nothing it didn’t matter and whilst I was there I had no other worries or responsibilities like nothing else in the world mattered. We had no phones or internet and I didn’t even miss it, except the fact I missed my family and friends but I weren’t interested in the internet or anything.
We went to visit an orphanage in Arusha which was run by one man, he opened it years ago and when it was first open it had 10 people working with him but when they realised it was non- profit organisation they were selfish and didn’t want to work as part of a non-profit organisation and so they decided to leave however this man wouldn’t and couldn’t give up on these children. They have practically nothing. The sole man who was running the organisation relied solely on donations and used whatever money he could to put the children in private schools so that they would be taught English and have a chance at a better education. These children were so motivated to learn that majority of them were at the top of their class through their determination and hard work. We stayed for a few hours playing with the children and we all donated money for food, clothes and school tuition. The owner of the orphanage was emotional from the donation of money because it meant a great deal to him.
I would like to say thank you so much to everyone who donated because not only did I have the most amazing experience of my life, I genuinely seen first hand how much these people need our help and how appreciative they were of everything that we did for them. None of this could happen without all the generous people donating and making these projects possible.
We are extremely honoured to be one of the individuals that could make this trip happen to Amy and we would like to congratulate her on her efforts whilst she was there.
Well Done Amy!
On Friday 18th November Driscoll Kingston Solicitors helped to raise money for BBC Children in Need by having a bake sale. Driscoll Solicitors employees spent the evening before baking the event baking cakes, cookies and biscuits to sell at the event which took place on the firms premises.
BBC Children in Need is a UK charity which raises money for disabled children and young people in the UK. BBC Children in Need promotes its charity by having an annual television show which has many acts on the show to help gain donations as well as selling merchandise on their website and in selected stores.
In keeping with the iconic children in need Pudsey bear mascot, throughout the event day the girls wore Pudsey ears and also donated money to get a funky festival Pudsey wristband!
Cakes and biscuits were offered for sale to all other staff who work at different companies within the building so they could participate in the day and make their Friday a little brighter while boosting the contribution to Children in Need.
In total Driscoll Kingston Solicitors raised £138.00 at the bake sale for Children in Need.
To see what your donations have done then please go to http://www.bbc.co.uk/corporate2/childreninneed.
Driscoll Kingston Solicitors pledged to help with the charity ‘Samaritan’s Purse Operation. Christmas Child’. Beth Cawley brought the existence of this charity to the attention of the Partners as she felt strongly about helping this charity.
The idea of the appeal is that each person decides on what age group they would like to help, 2-4, 5-9 or 10-14 both boys and girls. They then fill a shoebox up with gifts toys, stationary, teddies, games and clothing with a donation they are then sent across to world to children.
Driscoll Kingston Solicitors decorated their shoeboxes with Christmas wrapping paper and filled them to the brim with goodies! Affixed to the front of the shoebox is the age range for that specific gender so the children will get presents designed and packed full of goods for their age.
A tracking number is given for each shoebox and we will be keeping tabs on were our boxes have gone to and when they have landed with the children. We will provide further information on this in due course.
We at Driscoll Kingston Solicitors urge everyone to take part in this appeal next year, for a simple donation of £3.00 towards a shoebox it will bring joy and happiness to a child when they need it the most at what can be for those less privileged the worst time of year.
The time for the shoebox appeal for this year has now passed however we suggest that in November 2017 everyone joins in to bring a smile to just one child who may be suffering and going through a difficult time.
This is an amazing appeal and well worthwhile making everyone at Driscoll Kingston Solicitors feel like they have made a difference even to just one child this year.
“Mr James Dalton, Director of the General Insurance Policy at the Association of British Insurers confirmed that the Secretary of Stater has decided that the plans to review Georgie Osbourne’s plans to reform the Small Claim Track Limit has been effectively shelved, ‘at the moment’.
Although the time scales given for any planned review are vague, it has certainly given Claimant Solicitors some breathing space in order to effectively investigate such proposals, their likely impact and make arrangements for alternative business ventures.
However, access to justice for the average lay client has always been at the forefront of all Claimant Solicitor’s minds and it is likely that the plans to ‘shelve’ such proposals will not prevent the need to lobby the government to effectively end such proposals. Whether these proposals will be reviewed in 12 months or 5 years will not deflect from the fact that increasing the small claims track will prevent Claimant’s solicitors from having access to justice and seeking the correct legal representation that is essential to pursing a personal injury claim.
No doubt, the Association of British Insurers have not taken this recent news with delight, however they might find some light in the tunnel in the fact that the proposals have not been scrapped, merely side-lined.
Time will tell how long it will take before these proposals are put at the forefront.”