Eilish Cullen joined the firm in May 2015 as a Solicitor. Eilish specialises in Employers Liability and Public Liability Claims as well as Housing Disrepair claims.
Eilish Cullen has progressed massively since joining by working her way up to Associate by leading the Housing Disrepair department as well dealing with El, PL, RTA and Holiday Illness cases. She has shown great progression in the firm which has resulted her being made Partner.
We are pleased to have her as Partner and look forward to her future endeavours.
Driscoll Kingston girls completed the Race for Life at Chester on the 17th July 2016. 5K at 9:00am was great dedication from the girls. Well done girls and we shall be putting how much we raised together on the website soon once we get all the money in for a final count!
We hope to beat cancer soon and our thoughts go to the individuals and families that are suffering at this moment. We always encourage people to take part in anything to help the progression of beating cancer and we do it ourselves so if you could help us raise a little bit more then please click on the below link so you can give a little to help us beat this awful life threatening disease.
In April 2016, 45 MedCo users were suspended from the register. They were allegedly attempting to get around its random allocation of experts, which was is why it was implemented in the first instance. The idea was to give a fair and random allocation of experts to clamp down on fraudulent RTA claims.
36 of these offenders have now been reinstated after their conduct was resolved. However, the concern is that in the coming weeks more suspensions are to follow.
Examples of behaviour that results in suspensions concern firms manipulated the search function on the website in order to seek favourable experts and medical agencies. A Medco spokesperson has now stated that the function will be investigated and monitored closely to catch offenders as it constitutes a serious breach of the user agreement. Offenders have been suspended until they can demonstrate a change in behaviour that is in line with the original principles that were established when Medco was originally instated.
At this month’s Association of Personal Injury Lawyers conference, it was said that a number of firms undermined the government’s objectives and public confidence in the system itself. The subsequent response is that this behaviour is being considered as part of the MoJ’s recent Medco review.
This show that the system is flawed and can be manipulated and circumvented so that lawyers and medical experts can twist the system to benefit there situation.
The question remains, as it did from the start, do Claimant Solicitors not have a duty to their clients to instruct suitable experts? The Medco system seems to be a lottery and is not favourable in terms of justice to clients. The flaws in the system highlight that this may not be the way to deal with instruction medical experts for personal injury claims.
In this weeks PI Focus Neil Sugarman, President of APIL, has applauded the efforts of those fighting to prevent these changes from happening. The changes being referred to are of course the increase in the small claims limit and the proposed reforms to remove the right to compensation for whiplash injuries. In a positive article he states that there has been a great response by members approaching their local MP’s to try to raise the issues and make them aware that Access to Justice is slipping away.
We have previously made an article on this matter and it is very pleasing to see that the President of APIL is positive concerning the good work done to raise the arguments. The government has come across as not caring about people who are disadvantaged from no fault of their own. This new article from Neil Sugarman reassures us that if we all fight it together then it is not too late to prevent the changes from happening. This is encouraging news in such a challenging time.
A solicitor left 2 beneficiaries of a will short by £62,500. In Herring & Anor v Shorts Financial Services, 2 relatives were expecting to receive £200,000 for each of them after the death of a relative, Mrs Shemwell, who died in 2012.
The issue was concerning whether a loan trust that was set up in order to mitigate IHT on the client’s death was sufficiently and properly explained to the client. Upon the death of the client the Claimants would in this instance not receive the transfer of the estate automatically, despite being named as sole beneficiaries.
Proceedings in the matter where issued against Mrs Shemwell’s financial advisor and against the solicitor who drafted the clients will.
The Judge ruled that the financial advisor had no duty of care to either of the Claimants given that he was not involved in the actual will drafting. However, he stated that it was, “difficult to resist the conclusion that the solicitor had breached his duty of care to both the claimants and his client”.
The solicitor had relied on an initial meeting with his client before drafting her will. He had not gone into detail regarding trusts or explained the implications of the trusts with her. The implications of which were that 2 beneficiaries of the will where short by £62,500, due to what appears to be an inadequate understanding of the clients wishes and poorly undertaken meetings to ascertain the clients wishes.
This case shows the importance of having thorough and detailed knowledge and understanding of the wishes of the client before drafting a will. A solicitor cannot simply rely on notes that are taken in initial meeting or expecting the client to understand the legal language when signing a draft. The will must be thoroughly explained so that the expectations and wishes of the client are met. This case highlights the importance of having detailed understanding.
Driscoll Kingston signed up to Will Aid in 2015 and we helped raise an astounding £1 million pounds for Will Aid. This money goes towards the most vulnerable people in the UK.
We strongly advise any firms to sign up to Will Aid to be able to help the vulnerable people in the UK
Krysta Jurek is participating in the Pretty Muddy race for life cancer research on the 6th May 2016 at Warrington.
Krysta will be running the race with her best friend Natalie Hayes who was diagnosed with Hodgkins Lymphoma, she has been in remission for 4 years.
Krysta said ‘Without Cancer research my best friend would not be here today so it is important that money is raised to help vital research’.
Driscoll Kingston are sponsoring Amy Staniford on her trip to Africa as part of the GIVE Organisation
Driscoll Kingston are delighted to announce that we will be sponsoring Amy Staniford on her trip to Africa as part of the GIVE organisation.
This remarkable young lady is travelling to the tropical Zanzibar Island in Tanzania were she will work alongside locals to improve amenities such as freshwater wells and schools.
Amy has had to fund her trip entirely through charity fundraising and we are extremely proud to be associated with her and donate the remainder of the funds required to reach her £2500 target to make the trip possible.
The GIVE organisation which stands for Growth International Volunteer Excursions does fantastic work all over the world. They work with locals to make a genuine difference by improving infrastructure, education, sanitation, water supplies and the environment.
Whilst in Tanzania Amy will be helping to build ecofriendly, educational infrastructures out of recycled materials, teaching and tutoring local children, implementing water projects to provide clean water and assisting in environmental conservation projects.
As I am sure you will all agree this is a fantastic project and Amy should be highly commended for her efforts, we will be posting blogs and pictures during her trip so you can all see the fantastic work she will be doing over there.
As well as this we are collecting old football kits in our office to send with Amy for the locals, if you have any old kits or just shirts that you no longer need please contact us to arrange a collection. We are especially looking for children’s kits as we all know the power and reach of football and many of these children would be delighted with a new shirt, especially from our mighty premier league.
If you are interested in volunteering with the GIVE organisation further info can be found by clicking the link below.
Driscoll Kingston Solicitors are proud to announce that all the ladies in our office will be taking part in race for life Chester this year.
As I am sure you all know this is for a great cause and we want to raise as much money as possible for cancer research.
The race will take place @ 9 a.m sun 17/07/16 and we would love to see as many of you there as possible to cheer on our team.
If you can’t make it however, you can still do your bit for cancer research by clicking the link below and giving whatever you can afford to our Justgiving page.
And please remember to tick the gift aid box if you are a UK taxpayer and your donation will be increased by at least 25%.
So dig deep people and let’s kick out cancer together.