March 2024

Nesting: What is it and does it benefit children?

Posted on 28 March 202422 March 2025 by Sarah O'Sullivan

You may have come across the term ‘nesting’ or ‘birdnesting’ in the context of post-separation parenting and divorce. In this piece, we look at nesting, its benefits and disadvantages.

Nesting defined

Nesting is a co-parenting arrangement where the children remain in the family home and the mum and dad alternate living there.

In some cases, parents will jointly secure (whether by renting or buying) a second (usually smaller) property where each parent will stay while the other parent is staying with the children. In other cases, each parent has separate alternative accommodation, possibly with family members or friends, if resources do not allow them to rent or buy.

Nesting aims to provide consistency and reduce upheaval for children during their parents’ separation. By keeping the children in a familiar environment, nesting helps preserve a sense of routine and security.

What are the benefits of nesting?

Nesting enables the children to maintain a single, familiar home environment, rather than having to move between two different houses. Particularly in the early stages of parents’ separation, staying in the same home can alleviate any anxiety and aid in adjusting to the changes in their family dynamic.

Maintaining two-family homes following separation can be financially challenging, as it often involves duplicating expenses such as rent or mortgage payments, utilities, and household supplies. Nesting can ensure that children spend time with each parent in a home that is appropriate for their needs.

Where there are limited resources, nesting can be used as an interim solution until a family home is sold and the proceeds divided, when both parents can purchase or rent their own homes.

Practical arrangements can also be easier for children in a nesting arrangement – there is no need for two sets of clothes, furniture and toys, for example.

What are the disadvantages of Nesting?

Despite its several benefits, nesting is not appropriate or beneficial for all families in all circumstances. Nesting requires parents to maintain open communication, cooperation, and a willingness to set personal differences aside for the sake of creating a single harmonious home environment for the children. It also requires mutual respect for the other’s personal space and privacy in the shared home.

Depending on the circumstances of the relationship breakdown, it might be too difficult or painful for parents to continue to share a home, even if they are not staying there at the same time, and any unhappiness or conflict that occurs, as a result, could impact the children.

Even parents with a good co-parenting relationship might find that sharing responsibility for a home after separation can be difficult to coordinate, and petty annoyances over, for example, who stocks the fridge and cleans the bathroom, can create friction.

In communicating with their children about a nesting arrangement, parents need to protect against the risk of confusion or mixed messages about their parent’s relationship. Seeing their parents alternating living in the family home might create false hope for reconciliation or contribute to a sense of uncertainty.

While nesting might work well in the short term arrangement, it is usually not appropriate in a longer term living arrangement where children may benefit from making a home with each parent separately.

While it offers stability and continuity, it may also introduce confusion and require careful management from the parents. Tees family solicitors can help provide guidance on the legal aspects of nesting and help ensure the children’s best interests are prioritised throughout the process.

Tees Better Future Fund Grants £5,000 to New Meaning Foundation’s Transformative Work

Posted on 27 March 202429 March 2025 by Sarah O'Sullivan

The Tees Better Future Fund proudly announces its recent grant of £5,000 to the New Meaning Foundation (NMF), based in Cambridgeshire. This grant marks the second funding round, and NMF is among the four community projects selected to receive support.

Founded in 2012, the New Meaning Foundation focuses on ‘building strengths, building futures, and building lives.’ NMF provides patient, person-centred vocational and educational training for individuals aged 14 and above. What sets them apart is their commitment to working with those who may not fit into traditional educational structures due to neurodivergence, learning disabilities, mental health issues, or other adversities.

NMF’s innovative approach includes offering on-the-job construction skills training for their learners by building modular homes to rehouse homeless people. NMF offers courses in plumbing and carpentry, creating opportunities for individuals to gain meaningful employment.

The Tees Better Future Fund grant of £5,000 will specifically support the plumbing courses by providing funds for specialist plumbing tools and equipment. This includes blow torches, pressure testing systems, and essential plumbing techniques. The grant ensures that learners receive the best training experience, matching or exceeding that of a traditional college environment.

“The people we work with have a tough time lifting themselves out of hardship. We are delighted to have been awarded this grant. It is going to have a direct impact on supporting four trainees to build their skills and resilience to lift their trajectory and achieve better long-term outcomes.” says John Evans, CEO of New Meaning Foundation.

The grant will facilitate the purchase of sufficient tools and equipment to enable learners to undertake tasks individually or in small groups, promoting effective peer-to-peer learning. This approach is particularly beneficial for young, underconfident, or anxious learners, fostering confidence and self-esteem.

The plumbing course curriculum includes a comprehensive range of topics, from health and safety specific to plumbing work to practical construction skills and personal well-being in construction. The grant-supported carpentry and joinery course covers live build work experience, teamwork, health and safety, sustainability, and the use of portable power tools.

“This grant serves as a transformative key, unlocking access to high-quality training and essential tools for New Meaning Foundation’s resilient learners who have overcome diverse challenges. It propels them towards a future filled with success and achievement,” underscores Sally Powell, Co-Chair of the Tees Better Future Fund.

New Meaning Foundation’s unique offering includes work experience on live modular build and home refurbishment projects. The positive impact of this grant extends beyond skills development. It provides a chance for learners to give back to society through construction, benefiting both the community and the trainees themselves. The routine established through regular attendance and the joy of studying something they enjoy will prepare learners for future employment.

New Meaning Foundation expresses gratitude to the Tees Better Future Fund for their generous support. This grant will not only enhance the learning experience for current trainees but also pave the way for more individuals to embark on a positive path in life.

Stonewalling: Domestic abuse

Posted on 26 March 202423 April 2025 by Sarah O'Sullivan

Domestic abuse includes various forms of harm, both visible and invisible. In this article we look at one form of invisible abuse – stonewalling – and aim to shed light on its profound impact on victims, and strategies to recognise and deal with it.

Stonewalling as a form of domestic abuse

When carried out intentionally, stonewalling can be a manipulation tactic involving deliberately refusing to communicate, withdrawing from interaction, and/or avoiding discussions. Intentional stonewalling by an emotionally abusive or controlling partner can be used to exert power and manipulate circumstances. Its subtle nature makes it challenging to detect, but its effects can be deeply damaging over time. It can demean a partner while gaining control over a situation.

The psychological impact of stonewalling is significant, with victims often grappling with feelings of severe loneliness, anxiety, and depression. The persistent rejection and silence from their partner can lead to self-doubt, and over time, erode their self-esteem, self-confidence and communication skills.

Context is key – unintentional stonewalling can arise outside a domestic abuse context, when individuals, often through learned habits, refrain from communicating to manage challenging or sensitive subjects, or to avoid escalating a conversation, without intending to manipulate or cause any harm to someone else. While hurtful and upsetting, this behaviour is not domestic abuse.

Recognising stonewalling

Identifying subtle signs of stonewalling in a relationship can be challenging, as they are often not obvious.

The following are examples of indicators of stonewalling by a perpetrator of domestic abuse.

Avoiding eye contact, intentionally appearing aloof and disinterested.
Giving the silent treatment, ignoring questions or attempts to initiate discussions.
Avoiding meaningful conversation and/or refusing to discuss significant issues.
Withdrawing from discussions.
Emotional detachment or distancing, appearing indifferent or unresponsive to the emotional needs or concerns of the other person
Physical withdrawal, including leaving a room during a conversation or turning their back on a partner while they are talking
Deflecting blame, making excuses or refusing to admit fault, failing to take responsibility for the impact of their actions and behaviours on others.

Stonewalling does not typically involve an isolated incident but rather a pattern of behaviour, often carried alongside other abusive behaviours.

What can a victim do about stonewalling?

For a victim, recognising that intentional stonewalling is being used as a form of manipulation, control and abuse and is not a reflection of their own inadequacies is the first step to breaking free from such destructive patterns. Seeking the right professional support can provide the person being stonewalled with the necessary tools to heal from the emotional scars, regain a sense of self-worth and find a way out of abusive situations.

Reaching out to trusted friends, family members, or support groups can provide emotional support and guidance. Sharing experiences with others who understand can help a victim feel less isolated.

Professional counselling and therapy can help someone to rebuild and recover from an abusive relationship including one that has involved stonewalling. However, legal advice might also be needed.

The legal definition of domestic abuse was expanded by the Domestic Abuse Act 2021 and this has led to an increased awareness and understanding of non-physical forms of abuse and better support and legal protections for victims of such abuse. Victims of domestic abuse of any kind have the legal right to protection, and at Tees, we are experienced in helping clients in these situations.

Our solicitors can help you apply for the right court order to protect you and can support you through the process. We can also help you if your partner or abuser breaks the terms of a court order.

If you are in immediate danger from domestic abuse, call the police – dial 999.

Key changes to employment law coming into effect this April 2024

Posted on 25 March 202422 March 2025 by Sarah O'Sullivan

With numerous changes to employment law coming into effect from 6 April 2024, employees and employers should remain current and prepared for the latest legal developments.

Our summary below highlights key changes that will be made to the following:

National minimum wage
Flexible working
Carer’s leave
Paternity leave
Calculating holiday pay for irregular hours and part year workers
Redundancy protection
Changes to tribunal compensation limits and statutory amounts for a weeks’ Pay

National minimum wage and national living wage

From 1 April 2024, the National Living Wage will increase to £11.44 an hour (from £10.42), and this will be adjusted to include those aged 21 and over.

The National Minimum Wage from 1 April will increase to:

£8.60 an hour (from £7.49) for workers aged 18-20;
£6.40 an hour (from £5.28) for workers under the age of 18; and
£6.40 an hour (from £5.28) for apprentices.

Employers should ensure they meet the new rates applicable. Where necessary, employers should increase employee remuneration for the first pay period after 6 April. Failure to meet the requirements may lead to staff raising grievances and/or bringing claims and/or HMRC taking enforcement action. For more complex arrangements, such as where accommodation is provided, we recommend employers take advice to ensure that they are meeting the requirements.

Flexible working

From 6 April, the right to make a flexible working application will become a day-one right for all employees. The Flexible Working (Amendment) Regulations 2023 will remove the current requirement for an employee to be continuously employed for at least 26 weeks to make an application.

Under the new legislation, employees can make two applications per year and will not have to explain the effect this change in work might have on their employer. Employers will have two months (previously three) to consult and respond to the flexible working requests.

Employers should observe the guidance on handling flexible working requests (in conjunction with the new regulations) which has been published by ACAS in their new Code of Practice which can be found at: https://www.acas.org.uk/acas-code-of-practice-on-flexible-working-requests/html

Carer’s leave

The Carer’s Leave Act 2023 will come into force on 6 April. This gives employees the right to take one week of unpaid leave per year to provide or arrange care for a ‘dependant’ who has:

– a physical or mental illness that means they’re expected to need care for more than three months;
– a disability as defined by the Equality Act 2010; or
– requires care because of their old age.

The dependant does not have to be a family member, it can be anyone who relies on the employee for care. This is another day-one right. Employees will be able to take this leave flexibly, but they can only take one week of leave every year.

Employers should ensure that managers and senior leadership understand this new entitlement and communicate the changes to employees. Employers will need to consider how this will affect any contractual and/or carer policies they might have in place, and if necessary, update their policies to cover the new right. We recommend seeking advice as appropriate to ensure that policies and procedures are compliant.

Paternity leave

Changes to The Paternity Leave Amendment Regulations 2024 will come into force on 6 April.

The Regulations (which will apply in cases where the expected week of childbirth falls on or after 6 April), will allow fathers and partners to take their paternity leave in two non-consecutive blocks of one week within the first year after the birth or adoption of their child. This change offers fathers and partners more flexibility to take leave at times which work for their family. Employers should be mindful that this new measure will only require an employee to provide four weeks’ notice prior to each period of leave.

Again, it is important that employers review their policies and processes in line with the new Regulations and update any policies and procedures as appropriate and seek advice as appropriate.

Calculating holiday pay and leave for irregular hours and part year workers

The Employment Rights (Amendment, Revocation and Transitional Provision) Regulation 2023 contains important changes to how holidays should be calculated and paid for ‘irregular-hours’ and ‘part-year’ workers (both of which have been defined in the Regulation).

From 1 April 2024, employers must adopt the accrual system for calculating leave entitlement when dealing with irregular hours or part year workers. This change means that rather than using the leave year system (i.e. 5.6 weeks leave in a given leave year comprised of 4 weeks’ annual leave and 1.6 weeks’ additional leave), they will instead get one-twelfth of their leave in each month (i.e. if a worker works for 5 days week, and is entitled to 28 days annual leave a year, after their third month of working, they would be entitled to 7 days’ leave).

Separately, for leave years starting on or after 1 April 2024, employers will also have the option to pay their irregular hours and part-year workers rolled-up holiday pay. This involves spreading a worker’s holiday pay entitlement over the year by adding an amount on top of their basic pay. Employers should notify their worker’s if they are planning to use rolled-up holiday pay, and introducing this change might involve updating contracts and any policies and procedures.

For employers, practical difficulties can arise when workers who have irregular hours do not receive the correct amount of holiday pay under the rolled-up holiday pay system. Workers may receive too much or too little depending on the number of hours worked, and the risk is that this could potentially result in claims being brought for unlawful deduction of wages. To mitigate this risk, employers need to ensure that payslips make clear what element of a worker’s pay is holiday pay and what is basic pay and ensure that they meet any requirements around clearly setting this out in the worker’s pay information.

Redundancy protection

For employees taking maternity, shared parental or adoption leave, The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 from 6 April will bring into force The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulation 2024, which will extend the priority status for these individuals being offered suitable alternative roles by their employer (if available), where they have been selected or put at risk of redundancy. The act most importantly now extends to employees who are pregnant.

The protection will be extended for up to 18 months (after the expected week of childbirth, the child’s date of birth, or adoption), for those who have recently returned to work from maternity, adoption or shared parental leave (after six or more consecutive weeks) and for employees who are pregnant and have notified their employer of their pregnancy.

Employers will need to ensure that managers and senior leadership staff are aware of the changes being made to the priority status for redeployment opportunities in redundancy situations.

Tribunal Compensation Limits and a Week’s Pay

The maximum compensatory award for unfair dismissal will increase from £105,707 to £115,115, or a year’s gross pay, whichever is lower;
The limit on one week’s pay when calculating redundancy pay (and the basic award for unfair dismissal) will be raised from £643 to £700;
The minimum basic award for some forms of unfair dismissal will rise from £7,836 to £8,533; and
The cap on statutory redundancy pay will increase from £19,290 to £21,000.

Empowering excellence: Helen Midgley joins the partnership at Tees

Posted on 23 March 202429 March 2025 by Sarah O'Sullivan

Tees is proud to announce the appointment of a new Partner within the Families and Divorce team. Helen Midgley, who becomes a Partner in April, has shown a remarkable talent and commitment to providing exceptional legal services.

Helen began her legal career with Tees in 2013 by completing the week-long summer vacation scheme at Tees and joined the firm later that year as a trainee Solicitor. Her appointment from newly qualified to Partner in less than a decade is a tribute to her dedication and expertise.

Helen is passionate about nurturing the next generation of legal talent: she now manages Tees’ vacation scheme and is actively involved in selecting all new trainee Solicitors. Her legal practice spans a wide range of family cases including divorce proceedings, financial settlements, child arrangements and cohabitation disputes. Her untiring support for clients makes her an invaluable part of the Families and Divorce team and the wider firm.

In addition to her exceptional legal skills and her considerable empathy with clients, Helen is an experienced Family Mediator, shortly to complete accreditation, which brings a unique perspective to the team. Helen also advises couples on a joint basis, adopting the innovative Resolution Together approach (one couple, one lawyer), to reduce unnecessary conflict in separating families.

Helen commented: “Tees’ key values include empathy, collaboration and straightforwardness and I have strongly identified with these ever since I joined the firm. I am very proud to have been invited to join the Partnership in such a short time and I hope that this will encourage enthusiastic individuals to consider a career with Tees.

I look forward to working with my Families and Divorce team colleagues to continue delivering an excellent client experience and, particularly, to develop our Non-Court Dispute Resolution Services, to offer sympathetic and constructive alternatives to court as a way of settling family disputes.”

Senior Partner, Catherine Mowat comments: “I am delighted to see Helen join the Partnership. She has firmly established herself in the Bishop’s Stortford and wider business community and brings a wealth of experience, becoming a trusted adviser to many clients.

We are proud to continually support career progression at Tees and Helen very much deserves her new position. She joins the Partnership at an exciting time as we continue to grow and develop our business whilst keeping the delivery of exceptional service to our clients at the heart of everything we do. I look forward to seeing Helen’s further achievements in the years ahead.”

Helen Midgley’s appointment signifies Tees’ ongoing commitment to recognising and elevating talent within the firm and continuing to deliver the highest standards of legal services to our clients.

Tees has also announced nine senior staff promotions across the firm: six to Senior Associate and three to Associate.

2024 Promotions:

Partner

Helen Midgley, Families and Divorce

Senior Associate

Catherine Banks, Residential Property
Frances Gill, Private Client
Isobel Foenander, Medical Negligence
Rachel Benton, Medical Negligence
Jason Torrance, Dispute Resolution and Litigation
Lisa Honey, Families and Divorce

Associate

Andrew Harrison, Commercial Property
Chantae Clark, Medical Negligence
Sophie Stuart, Medical Negligence

A family’s fight for justice over hospital’s failings

Posted on 21 March 202427 March 2025 by Sarah O'Sullivan

The family of an 85-year-old woman who passed away in early 2022 have spoken out against a Norfolk hospital that incorrectly treated their mother and contributed to her death.

First hospital visit

Marlene Webb was admitted to James Paget University Hospital on 14 December 2021 after she suffered a fall whilst out delivering Christmas cards. Although Ms Webb had a few pre-existing health conditions, she had been independent and mobile, undertaking all her own daily needs in her house, before her fall.

On the day Ms Webb was admitted to the Great Yarmouth hospital, her weight was incorrectly recorded as 77kg, when in fact she was just under 60kg. The blood thinning medication she was on (warfarin) to treat her pre-existing atrial fibrillation was stopped.

The day after, on 15 December, Ms Webb underwent hip surgery for the injuries sustained during her fall. Later that evening though, she began feeling sick and vomited a dark colour. After this, the hospital queried an upper gastrointestinal bleed, but it was deemed unlikely.

Following this, Ms Webb received numerous blood transfusions due to low levels of haemoglobin (found in red blood cells, haemoglobin transports oxygen around the body). She was prescribed blood thinning medication edoxaban to help prevent blood clots. However, the prescription was based on her weight – which had been incorrectly recorded at 77kg – meaning she was being given a higher dose than her body could take. The dosage prescribed to her was 60mg, when it should have been 30mg, based on her weight. Ms Webb continued taking this incorrect dosage for over a month, until one day before her death.

The side effects of edoxaban can include:

Can cause individuals to bleed more than usual (as it prevents the blood from clotting as easily)
Tiredness
Heart palpitations
Feeling dizzy or lightheaded
Nausea
Stomach pain
Indigestion

More serious side effects can include:

Severe bleeding
Bleeds on the brain

A form completed at the hospital on 23 December 2021 shows Ms Webb’s weight being at 57.75kg. Even at this point, nine days after her hospital admission, this was not picked up and she continued to be given the incorrect dosage of edoxaban.

Back home

On 28 December, Ms Webb was discharged from hospital. Her medical notes from that day state she had some ‘delirium.’

Back at home, Ms Webb was initially thought to have been making a good recovery, but by 5 January 2022, a GP home visit was requested by her family as her legs were swollen and she seemed very confused. Since she had been home, she was becoming more forgetful and was experiencing more regular falls. This was a stark difference from how she was when she first went to the hospital. In the space of three days, she had four falls. She was also hallucinating and speaking to people who were not present.

Second hospital visit

An ambulance took Ms Webb back to hospital on 18 January 2022 after she suffered a head injury from another fall. Upon her admission this time, her weight was recorded at 54kg. her dosage of edoxaban was still not altered and she remained confused and delirious.

An extract from her medical records on 23 January shows what her mental state was like: “Patient is very confused, shouting and crying at times … declining to drink and eat … trying to remove oxygen at times” … “doesn’t believe we are in hospital. Keeps trying to get out of bed. Doesn’t believe I am a doctor. Wants to phone the police. Explained to pt she is poorly … Does not have capacity … Pt left to calm down for a few minutes.”

On 28 January, Ms Webb was given a blood transfusion. On hospital documents, it is stated that this was necessary due to gastrointestinal bleeding and anaemia. Sadly, Ms Webb did not respond to this treatment and passed away just before 9am on 29 January 2022.

The death certificate of Ms Webb lists the causes of death as:

“I(a) Gastrointestinal Haemorrhage / II Frailty of Old Age / Atrial Fibrillation (On Anticoagulation) / Hypertension”

James Paget University Hospitals NHS Foundation Trust

On the day of Ms Webb’s death, the Trust submitted two incident reports. One of those recorded:

“Patient should not have died due to GI bleed.” The root cause was recorded as: “Edoxaban being prescribed at an incorrect (higher) dose due to incorrect weight recording as of the 28th December 2022. A 7-day delay in starting an alternative to PPI to avoid rebound acid hypersecretion and predisposition to upper GI bleeding.”

The outcome of the second report is recorded as “staff did not adhere to policy. Time management, staffing issues and enhanced supervision of patients led to delays in care provision of blood transfusion.”

These findings were also repeated in the Trust’s Root Cause Analysis Investigation Report.

The legal claim

Tees’ Medical Negligence team identified several failings in the care the hospital had provided, including a failure to correctly record Ms Webb’s weight; a failure to carry out further investigations for a gastrointestinal bleed despite Ms Webb having exhibited symptoms on 15 December; the prescription of an incorrect dosage of edoxaban and a failure to stop prescribing it on the realisation that it had been over-prescribed. There was also a failure to prescribe alternative medication to prevent gastrointestinal bleeds whilst she was on edoxaban.

The evidence was that the over-prescription of edoxaban led to her becoming confused and causing hallucinations, suffering from bruising, a general decline in her health and recurrent falls. It also caused or exacerbated the upper gastrointestinal bleed, which caused her death.

Trust response

James Paget University Hospitals NHS Foundation Trust admitted that an incorrect dosage of edoxaban was prescribed but denied that this caused the injuries complained of.

The Trust did, however, admit that there was a failure to administer alternative gastroprotection whilst she was receiving edoxaban and that if it wasn’t for this failure, she would not have developed the gastrointestinal bleed and sadly died on 29 January 2022.

In January 2024, Ms Webb’s family settled their claim out of court against James Paget University Hospitals NHS Foundation Trust.

Impact on the family

Ms Webb’s family said: “Although the Trust admitted fault for the staff’s wrongdoings in relation to the incorrect dosage of edoxaban that was given to our mother, we find it extremely disappointing that they have denied the full impact of this on our mother.

“We think it’s so important to speak out. We were not even able to see our mother when she was in hospital – The Covid-19 pandemic being used as an excuse, despite things having improved significantly by that time. We will never get that time back which could have been so important for us to see her and raise our concerns if we had seen her.

“We found it very difficult to find out how our mum was doing in hospital and were not kept informed, we kept telling ourselves that she was in the best place, but we do not believe she was, had we been told what was happening and how upset our mum was we could have told the doctors that there was something seriously wrong. We were not told that mum was in her last hours and therefore we were not all by her bedside when she passed. The hospital responds that they are learning, which just isn’t good enough, they failed to get the basics correct and their neglect contributed (if not caused) the demise of our beloved mum.

“As a family, we now meet up more than we did before which our mum would have loved, mum was the life and soul of a party and I’m sure many people have fond memories of her. We cannot put into words how this tragedy has affected us all and find it difficult to deal with especially being robbed of time in her last moments.

“We are devastated by the actions of the JPH and we cannot get our mum back, we want people to be made aware that mistakes are being made and that if anyone feels something isn’t quite right with their loved ones care shout from the rooftops for a second opinion, we would hate for another family to go through this trauma. We would also like to thank Tees who were excellent from the outset.”

Medical negligence solicitors supporting clients to a better future

At Tees Law, our specialist lawyers are ranked Tier 1 in the Legal 500 and understand that concerns about treatment can be overwhelming. We are here to provide sensitive, personal legal advice, supporting you, while also ensuring that wider lessons are learnt to improve care.

Understanding medical negligence in breast cancer

Posted on 18 March 202423 March 2025 by Sarah O'Sullivan

As part of Tees’ ongoing commitment to raising awareness about important legal and medical issues, we’ve prepared the following guide exploring the interaction between breast cancer and medical negligence. This guide aims to provide an overview of misdiagnosed breast cancer, common issues in medical care and bringing a legal claim, as well as providing resources for those affected.

What is breast cancer: Understanding the disease and risk factors

Breast cancer is the most common cancer in the UK, with around 55,900 people diagnosed every year. Breast cancer can occur in men and women, though it is significantly more common in women with one in seven women in the UK developing breast cancer during their lifetime.

Causes and risk factors

The cause of breast cancer is not fully understood, though research has shown several factors can impact the risk of developing the disease, including:

Age- most breast cancers occur in women over 50
Being overweight or obese
Drinking alcohol
Taking the contraceptive pill or HRT
A family history of breast cancer
Previous benign breast disease
A previous diagnosis of breast cancer

Symptoms

The NHS Breast Screening Programme invites all women between the ages of 50-70 registered with a GP for screening every three years. It is important however to look out for potential symptoms of breast cancer, which can include:

A lump or thickening in the breast or armpit
Alterations in the size or shape of the breast
Dimpling or puckering of the skin
Changes in the nipple, such as inversion, discharge, or rash
Redness or swelling of the breast
Continual pain or discomfort

It is imperative to consult a medical professional for further examination if you notice any of these symptoms.

Breast cancer diagnosis

Diagnosis with breast cancer can occur after routine screening or on consulting with your GP having noticed symptoms. You GP will examine you and if they think further investigation is needed will refer you to a specialist breast cancer clinic. Investigations can include:

Examination
Mammogram
Breast Ultrasound
Biopsy – including needle aspiration, needle biopsy or vacuum assisted biopsy

Treatment

Once a diagnosis of breast cancer has been made more tests may be required to establish the type of cancer and to stage the disease. These tests may include MRI or CT scans, blood tests, and checking lymph nodes for cancer cells. The exact combination of treatment will depend on the type and stage of the disease, however, the main treatments for breast cancer are:

Surgery
Radiotherapy
Chemotherapy
Hormone therapy
Targeted therapy

The prognosis for breast cancer is generally good, particularly with early diagnosis. Survival will depend on the type and stage of the cancer, your level of health and fitness, and whether you have had any previous treatments.

The legal perspective: Breach of duty and causation

To be successful in a medical negligence claim it is necessary to prove that:

The standard of care provided fell below the level normally to be expected of a practitioner in that field or specialisation at the relevant time (Breach of Duty). If the practitioner can show in his/her defence that there is a body of competent practitioners who would have acted in the same way, the claim will not succeed.
The damage suffered is a direct consequence of the negligent acts or omissions (causation). The fact that a practitioner can be shown to have been negligent is not sufficient on its own – You must be able to establish that there is a direct causal link between the negligence and the injury for which you are claiming compensation. This link between cause and injury is not as obvious as it sounds and must be supported by independent medical opinion.

Medical negligence and breast cancer: Categories and causes

A diagnosis of breast cancer is always devastating, however, if there has been negligent treatment this can lead to delays in diagnosis and treatment which could allow the cancer to progress. Negligence in diagnosing and treating breast cancer can have a devastating impact on patients, affecting the stage and grade of disease, and treatment options, and potentially reducing the chance of survival.

Common types of negligence in breast cancer claims include:

Failing to refer a patient for further investigation;
Failing to investigate symptoms adequately;
Misdiagnosis;
Failure to report scans and interpret investigation reports properly;
Inappropriate treatment plans;
Substandard surgery;
Delays in providing treatment;
Failing to provide adequate follow-up.

How to claim compensation for medical negligence in breast

Compensation aims to put the patient back in the position they would have been in had the negligence not occurred.

The first step in bringing a legal claim is to collect the evidence to establish a breach of duty and causation. This includes obtaining medical records, taking witness statements, and liaising with independent medical experts to identify whether negligence has occurred and, if so, the impact.

Compensation levels will be assessed based on the unique circumstances of each situation, taking into account the injuries and losses resulting from negligence. Compensation can be claimed for the pain, suffering and loss of amenity resulting from the negligence, including additional or more invasive surgeries or treatment required, psychiatric damage, scarring, and a reduction in life expectancy or worse prognosis. Compensation can also be claimed for financial losses including loss of earnings, care, medical treatments and therapies, aids and equipment, and travel.

If you believe you’ve been harmed as a result of medical negligence in a breast cancer case, it’s vital to consult skilled solicitors who possess a profound comprehension of breast cancer claims. At Tees our specialist medical negligence solicitors have expertise in breast cancer claims and have successfully secured compensation for many patients who have suffered injuries because of negligent breast cancer care and treatment, and for those who have lost loved ones due to substandard care. Our experienced solicitors will guide you through the legal process and support you to obtain the compensation necessary to move forward.

Support and resources for victims of medical negligence

If you or a loved one have suffered from negligent care or treatment in respect of breast cancer it can feel overwhelming and incredibly distressing. However, it’s important to know that you are not alone. There are various support options available to help you navigate through this challenging time and here at Tees we will not only guide you through the legal process to obtain compensation but will direct you to specialist services to support you through this difficult time.

These resources can provide valuable information and insights, helping you make informed decisions about your situation.

For further help and information, you may find it beneficial to explore the following resources:

These trusted sources offer comprehensive information on breast cancer, including details about the condition, its diagnosis, available treatments, and support networks.

At Tees Law, our expert medical negligence solicitors are committed to helping victims of medical negligence in breast cancer cases. We understand the complexities of these claims and work tirelessly to ensure our clients receive the compensation they deserve. Our initial investigations are entirely free of charge and, should we consider there are sufficient prospects of success to bring a legal claim, we can bring breast cancer claims on a no-win, no-fee basis. If you have concerns about your care or treatment concerning breast cancer, contact us today to discuss your case and explore your legal options with our dedicated team of specialist solicitors.

NHS Trusts respond after accepting liability for avoidable death of mental health patient

Posted on 14 March 202427 March 2025 by Sarah O'Sullivan

Two NHS Trusts that accepted liability for the preventable death of Jack Farrington have responded to the Regulation 28 Prevention of Future Deaths Report, outlining changes that they have since made to improve patient safety.

Solent NHS Trust and Portsmouth Hospitals NHS Trust have accepted full liability for the preventable death of Jack Farrington, a 26-year-old man who took his own life while detained under section 2 of the Mental Health Act in January 2020.

Trust Failings and Areas for improvement

The Trusts’ failings were found to have contributed to Jack’s ability to abscond from the hospital. Key areas requiring improvement include:

Assessment and recording of patient information
Information sharing
Accountability
Implementation of measures to ensure patient safety

Actions taken by the NHS Trusts

Portsmouth Hospitals NHS Trust’s response

Portsmouth Hospitals NHS Trust stated that it is developing a new system to provide the Emergency Department team with more comprehensive information about patients’ needs and risks before their arrival.

Solent NHS Trust’s response

Solent NHS Trust announced that it is transitioning from paper-based forms to an electronic system integrated with the existing online platform, improving the accuracy and accessibility of patient information.

National NHS response

Professor Sir Stephen Powis, National Medical Director of NHS England, highlighted that Summary Care Records now include details of long-term conditions, significant medical history, and specific communication needs by default, unless a patient has opted out.

Jack Farrington’s story

Jack Farrington, who lived with bipolar disorder and schizophrenia, tragically died after absconding from Queen Alexandra Hospital in Portsmouth. He fell from a bridge over the A3 London Road in January 2020.

Legal action and family’s response

Jack’s parents, Joseph and Catherine Farrington, pursued a civil action against both Trusts with the support of Tees Law. The legal claim concluded in January 2024.

Chantae Clark, from Tees Law, commented on the significance of the case:

“This case underscores the pressing need for improvements in mental health care and highlights the importance of robust oversight and accountability across the NHS and mental health services.”

Findings from the inquest

An Inquest concluded that Jack was not capable of forming an intention to end his life. When he was lucid, he showed a desire to recover and sought medical assistance.

Timeline of events leading to Jack’s death

30 December 2019: Jack called 999 during a psychotic episode and was voluntarily admitted to Queen Alexandra Hospital (QAH).
Initial Risk Assessment: Jack received a ‘Mental Disturbance Primary Survey’ with a risk score of 8, the highest level, requiring Level 5 (black) supervision.
First Absconding Incident: While waiting for further assessments, Jack absconded through an emergency exit.
Second Absconding Incident: After being returned to the hospital by the Police, Jack absconded again the following day.
Detainment and Transfer: Jack was sectioned under Section 2 of the Mental Health Act and transferred to the Hawthorn Ward under Solent NHS Trust.
Insufficient Risk Consideration: Despite his history of absconding, his risk was not properly addressed by the Hawthorn Ward.
Seizure and Return to QAH: On 2 January 2020, Jack suffered a seizure and was returned to QAH, where he was placed in the Emergency Department’s “Pitstop” area.
Final Absconding Incident: Jack absconded once again and tragically took his own life.

Coroner’s prevention of future deaths report

The Coroner issued a Prevention of Future Deaths Report, warning of the risk of future deaths without appropriate action. Key concerns included:

Inadequate handovers
Poor record keeping

The Report was directed to Solent NHS Trust, Portsmouth Hospitals NHS Trust, and NHS England.

Conclusion

Chantae Clark of Tees Law emphasised the importance of the legal process in driving change:

“Whilst the Inquest process and pursuing legal action cannot undo the pain caused by Jack’s tragic death, I hope that the conclusion of this case, coupled with the Coroner’s Prevention of Future Deaths Report, serves as a catalyst for change.”

Jack’s family, supported by Tees Law, remain committed to ensuring that lessons are learned to prevent similar tragedies in the future.

What is professional negligence?

Posted on 12 March 202420 March 2025 by Sarah O'Sullivan

If you have instructed a professional and consider that the professional has been negligent, you may want to recover the losses you have suffered.

Claims can be brought against various professionals, including surveyors, architects, financial advisors, accountants, and solicitors. The term “professional” is undefined, but if you consider the person you instructed to act as a professional and you suffered loss as a result of their negligence, you can consider a professional negligence claim against them.

Usually, professionals are required to have professional indemnity insurance. If you begin a professional negligence claim, one of the first points to establish is whether the professional is insured. This is to ensure that if you succeed with your claim, you will be able to recover your financial losses. If the professional is not insured, then you need to be certain that they, or their business, have sufficient financial means to make a claim worthwhile. We can help you to consider the financial viability of bringing a claim from the outset so that you do not end up further out of pocket.

What needs to be confirmed to establish a professional negligence claim?

The key elements of the claim are:

Duty: in simple terms, to bring a claim, the professional must have owed you a duty. This can be contractual (maybe set out in a written agreement stating what the professional is meant to do) or based on the common law duty to use the skill and care of a reasonably competent professional in the relevant field (this does not need to be set out in writing).
Breach: the professional must have breached the duty. Perhaps he or she did not carry out your instructions, or maybe you were given advice that no other reasonably competent professional would have given. You may need evidence from an expert to prove the breach occurred.
Causation: you must be able to show that you relied on the professional’s negligent advice, and if it wasn’t for that advice, you would not have suffered damage. This may need to be evidenced by a witness statement.
Loss: assessing loss is more complicated than you may expect. There may be a difference between the full loss you have suffered, and the loss that is recoverable from the professional. This is because the law says that you can only recover losses that fall within the scope of the professional’s duty. Also, different losses are recoverable depending on different bases of claim.

The professional may argue that the recoverable loss should be reduced, because you have not mitigated your loss (essentially you have a duty to minimise your loss if you can, although you are not required to take onerous steps) or because you were also negligent, and your negligence contributed to the loss. The professional may also argue that another party was equally responsible for the loss.

If your claim is successful, you can seek to recover a reasonable proportion of the legal costs you have incurred.

I want to progress a claim against a professional: what next?

In the first instance, it is strongly recommended to instruct a solicitor with expertise in this area. If the professional’s indemnity insurance policy is responding to your claim, it is very likely that the insurer will instruct an experienced solicitor from its panel to defend the claim and try to prevent you from making the full recovery you deserve (or any recovery at all).

If you do not instruct a solicitor, be aware that the Courts have been clear: individuals acting for themselves in litigation will be held to the same high standards as qualified solicitors.

Funding the costs of instructing a professional negligence solicitor to act for you can be daunting, but Tees Law is on hand to explain your options openly and honestly.

Time limits: the clock is ticking

If you decide to proceed with a claim, the first thing to establish is whether you are in time. All professional negligence claims have time limits. Once the applicable time limit (referred to as a limitation period) expires, you cannot proceed any further. See our article for further information on Time limits.

If you think you may have a claim against a professional who has acted for you and would like advice from a specialist professional negligence solicitor, please contact Alice Evelegh-Taylor at Tees on alice.evelegh-taylor@teeslaw.com to discuss your claim.

Spring budget 2024 – key points

Posted on 7 March 202428 March 2025 by Sophie Soraf

On 6 March, Chancellor of the Exchequer Jeremy Hunt delivered his Spring Budget to the House of Commons declaring it was “a Budget for long-term growth.” The fiscal update included a number of new policy measures, such as a widely-anticipated reduction in National Insurance, abolition of the non-dom tax status and new savings products designed to encourage more people to invest in UK assets. The Chancellor said his policies would help build a “high wage, high skill economy” and deliver “more investment, more jobs, better public services and lower taxes.”

OBR forecasts

During his speech, the Chancellor declared that the economy had “turned the corner on inflation” and “will soon turn the corner on growth” as he unveiled the latest economic projections produced by the Office for Budget Responsibility (OBR). He started by saying that they showed the rate of inflation falling below the Bank of England’s 2% target level in “a few months’ time.” He noted that this was nearly a year earlier than the OBR had forecast in the autumn and said this had not happened “by accident” but was due to “sound money” policies.

The Chancellor also noted that the OBR forecast shows the government is on track to meet both its self-imposed fiscal rules which state that underlying debt must be falling as a percentage of gross domestic product (GDP) by the fifth year of the forecast and that public sector borrowing must be below 3% of GDP over the same time period. Indeed, in relation to the second rule, Mr Hunt pointed out that borrowing looks set to fall below 3% of GDP by 2025/26 and that by the end of the forecast period it represents the lowest level of annual borrowing since 2001.

In terms of growth, Mr Hunt revealed that the updated OBR projections suggest the UK economy will expand by 0.8% this year, marginally higher than the fiscal watchdog’s autumn forecast. Next year’s growth rate was also revised upwards to 1.9% compared to the 1.4% figure previously predicted.

Cost-of-living measures

The Chancellor also announced a series of measures designed to help families deal with cost-of-living pressures. These included: an extension to the Household Support Fund at current levels for a further six months; maintaining the ‘temporary’ 5p cut on fuel duty and freezing it for another 12 months; an extension of the freeze in alcohol duty until February 2025; an extension in the repayment period for new budgeting advance loans from 12 months to 24 months, and abolition of the £90 charge for a debt relief order.

Personal taxation, savings and pensions

Following previous changes to National Insurance Contributions (NICs) from January 2024, the government announced further changes to take effect this April:

The main rate of employee NICs will be cut by 2p in the pound from 10% to 8%, which, when combined with the 2p cut that took effect in January, is estimated to save the average salaried worker around £900 a year
There will be a further 2p cut from the main rate of self-employed NICs on top of the 1p cut announced at the Autumn Statement
This means that from 6 April 2024, the main rate of Class 4 NICs for the self-employed will reduce from 9% to 6%. Combined with the abolition of the requirement to pay Class 2 NICs, this will save an average self-employed person around £650 a year.

To remove unfairness in the system, changes to Child Benefit were announced:

The Child Benefit system will be based on household rather than individual incomes by April 2026
From April 2024 the threshold for the High Income Child Benefit Charge will be raised to £60,000 from £50,000, taking 170,000 families out of paying this charge
The rate of the charge will also be halved, so that Child Benefit is not lost in full until an individual earns £80,000 per annum
The government estimates that nearly half a million families will gain an average of £1,260 in 2024/25 as a result.

The government announced two savings products to encourage UK savings – a new UK Individual Savings Account (ISA) and British Savings Bonds:

The new ISA will have a £5,000 annual allowance in addition to the existing ISA allowance and will be a new tax-free product for people to invest in UK-focused assets
British Savings Bonds will be delivered through National Savings & Investments (NS&I) in April 2024, offering a guaranteed interest rate, fixed for three years.

Expressing concern that, across the pensions industry, investment into UK equities is only around 6%, the Chancellor announced plans to bring forward requirements for Defined Contribution pension funds to publicly disclose the breakdown of their asset allocations, including UK equities, working closely with the Financial Conduct Authority (FCA) to achieve this.

The non-dom tax regime, available to some UK residents with permanent domicile overseas, is to be abolished. From April 2025, new arrivals to the UK will not have to pay tax on foreign income and gains for the first four years of their UK residency. After that, they will pay the same tax as other UK residents. Transition arrangements will be allowed for current non-doms.

In addition:

As previously announced in the Autumn Statement, the government is working to bring forward legislation by the end of the summer to allow people to invest in a diverse range of investment types through their ISAs
The existing ISA allowance remains at £20,000 and the JISA (Junior ISA) allowance and Child Trust Fund annual subscription limits remain at £9,000
The Dividend Allowance reduces to £500 from April 2024
The annual Capital Gains Tax (CGT) exemption reduces to £3,000 from April 2024
The standard nil rate Stamp Duty Land Tax threshold for England and Northern Ireland is £250,000 and £425,000 for first-time buyers, remaining in place until 31 March 2025
The Income Tax Personal Allowance and higher rate threshold remain at £12,570 and £50,270 respectively until April 2028 (rates and thresholds may differ for taxpayers in parts of the UK where Income Tax is devolved)
There will be a consultation on moving to a residence-based regime for Inheritance Tax (IHT). No changes to IHT will take effect before 6 April 2025 – £325,000 nil-rate band, £175,000 main residence nil-rate band, with taper starting at £2m estate value
From 1 April 2024, personal representatives of estates will no longer need to take out commercial loans to pay IHT before applying to obtain a grant on credit from HMRC
The State Pension, as previously announced, will go up by 8.5% in April, which means £221.20 a week for the full, new flat-rate State Pension (for those who reached State Pension age after April 2016) and £169.50 a week for the full, old basic State Pension (for those who reached State Pension age before April 2016)
· The removal of the Lifetime Allowance (LTA) from pensions tax legislation from April
As previously announced, the National Living Wage for over-23s – paid by employers – will rise from £10.42 an hour to £11.44 an hour in April.

Business measures

Various business measures announced included the raising of the threshold at which small businesses must register to pay VAT from £85,000 to £90,000 from April 2024. In addition, the Recovery Loan Scheme for small businesses will be extended until March 2026.

Property taxation

The Chancellor also announced the government’s plans to make the property tax system fairer, by:

Abolishing the Furnished Holiday Lettings tax regime
Abolishing Stamp Duty Land Tax Multiple Dwellings Relief from 1 June 2024
Reducing the higher rate of CGT on residential properties from 28% to 24%.

Public services

“Good public services need a strong economy to pay for them, but a strong economy also needs good public services.” This is how the Chancellor introduced the government’s “landmark” Public Sector Productivity Plan which, it says, will restart public sector reform and change the Treasury’s traditional approach to public spending.

Our National Health Service is, said Mr Hunt, “rightly the biggest reason most of us are proud to be British.” He announced £3.4bn to modernise NHS IT systems, which is forecast to unlock £35bn of savings by 2030 and boost NHS productivity by almost 2% per year between 2025/26 and 2029/30.

This includes:

Modernising NHS IT systems
Improvements to the NHS app to allow patients to confirm and modify appointments
Piloting the use of AI to automate back-office functions
Moving all NHS Trusts to electronic patient records
Over 100 upgraded AI-fitted MRI scanners to speed up results for potentially 130,000 patients per year.

The Chancellor announced a £2.5bn funding boost for the NHS in 2024/25, allowing the service to continue its focus on reducing waiting times for patients.

Mr Hunt also announced £800m of additional investment to boost productivity across other public services, including:

£230m for drones and new technology to free up police officers’ time for frontline work
£75m to roll out the Violence Reduction Unit model across England and Wales
£170m for the justice system, including £55m for family courts, £100m for prisons and £15m to reduce administrative burdens in the courts
£165m to fund additional children’s social care placements
An initial commitment of £105m to build new special free schools.

Other key points

New duty on vaping products to be introduced from October 2026
Tobacco duty will be increased from October 2026
Air Passenger Duty adjustments to non-economy class rates from 2025/26
Energy Profits Levy one year extension from 1 April 2028 to 2029
Boosting local growth through a continuation of the Investment Zones programme
£1bn in additional tax relief over the next five years for creative industries
Housing investment including £124m at Barking Riverside and £118m to accelerate delivery of the Canary Wharf scheme (including up to 750 homes)
£120m for the Green Industries Growth Accelerator (GIGA)
£7.4m upskilling fund pilot to help SMEs develop AI skills of the future
Extension to Freeport tax reliefs to September 2031
Extension to and deepening of devolution in England, including the North East Trailblazer Devolution Deal
HMRC to establish an advisory panel to support the administration of the R&D tax reliefs.

Closing comments

Jeremy Hunt signed off his Budget saying he was delivering, “A plan to grow the economy, a plan for better public services, a plan to make work pay… Growth up, jobs up and taxes down. I commend this Statement to the House.”

It is important to take professional advice before making any decision relating to your personal finances. Information within this document is based on our current understanding of the Budget taxation and HMRC rules and can be subject to change in future. It does not provide individual tailored investment advice and is for guidance only. Some rules may vary in different parts of the UK; please ask for details. We cannot assume legal liability for any errors or omissions it might contain. Levels and bases of, and reliefs from taxation are those currently applying or proposed and are subject to change; their value depends on the individual circumstances of the investor.

All details are believed to be correct at the time of writing (6 March 2024)

This material is intended to be for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument. Tees is a trading name of Tees Financial Limited which is regulated and authorised by the Financial Conduct Authority. Registered number 211314.

Tees Financial Limited is registered in England and Wales. Registered number 4342506.