September 2024

Hospital eventually settles after causing lifetime birth injury

Posted on 3 September 202427 March 2025 by Sarah O'Sullivan

A wrongly sited episiotomy and prolonged second stage of labour caused Lara* lifetime faecal incontinence issues, for which the trust responsible denied liability.

Background

Lara was a first-time mother who had an uneventful pregnancy. She arrived at hospital and was found to be in established labour. She then got to a point where her labour was not progressing as expected, and was given oxytocin to augment labour.

Prolonged second stage of labour

When the cervix becomes fully dilated, it is common practice to allow at least an hour for the baby to descend passively down the birth canal before the mother starts active pushing. Due to an error by the medical and midwifery staff, Lara was left in the second stage of labour for six hours before starting to actively push. She was unable to push the baby out and it was decided to use forceps.

The episiotomy and initial outcome

An episiotomy was carried out to facilitate delivery. Once her baby was born, her perineum was examined and sutured. She was discharged having been told everything had gone well.

Post delivery complications

A few days later, Lara noticed she had no control over passing urine, followed by a lack of control over passing wind and stool. This persisted for weeks before she was referred to a colorectal clinic. Tests confirmed a defect in her anal sphincter area. Despite undergoing therapies, her faecal urgency and inability to control flatus persisted.

Seeking legal support

At this point, Lara contacted Tees for legal support. She filed a formal complaint with the NHS Trust, which responded with an apology, acknowledging the episiotomy had been wrongly sited. Experts were instructed, and a Letter of Claim was sent to the Defendant NHS Trust.

Expert insight

Gwyneth Munjoma, Medical Negligence Senior Associate with Tees, said: “If injury to the anal sphincter is not recognised and appropriately repaired immediately following delivery,repair at a later date is rarely curative. The result is that the woman has to live with an injury which physically impacts on her womanhood, family life, social life and employment. In addition, these women’s entire lives are psychologically affected by the injury of such a sensitive and intimate part of the body.”

Legal challenges and resolution

Despite the letter of apology, the Defendant NHS Trust initially denied liability, further impacting Lara’s psychological well-being. However, the Trust later made a settlement offer. Following negotiations, a six-figure settlement was reached, successfully concluding the case.

Client-centred approach

Reflecting on the case, Gwyneth Munjoma stated:

“As well as my legal training, I have a background in midwifery. With that knowledge, I am able to effectively partner the client bringing in a great deal of knowledge, empathy and understanding throughout the journey of her claim.”

*Names have been changed to protect the privacy of our clients.

Navigating surrogacy: Current laws, challenges, and future reforms

Posted on 2 September 202422 March 2025 by Sarah O'Sullivan

What are the current laws governing surrogacy in the UK?

In the UK, surrogacy is primarily governed by the Surrogacy Arrangements Act 1985 and certain provisions within the Human Fertilisation and Embryology Act 2008. Under these laws, the surrogate mother is legally considered the child’s parent at birth. Legal parenthood can then be transferred through a Parental Order or Adoption after the child’s birth, typically taking anywhere from six months to a year. This process may take longer if the Court’s schedule is full.

To apply for a Parental Order, you or your partner must be genetically related to the child, the child must live with you, and you must permanently reside in the UK, Channel Islands, or the Isle of Man. If there is a dispute over who should be the child’s legal parents, the court will decide based on the best interests of the child. While surrogacy agreements can be made between the intended parents and the surrogate prior to birth, they are not legally enforceable in the UK, even if the intended parents and surrogate have signed an agreement and the intended parents have covered the surrogate’s expenses. It is also illegal for solicitors to advise on such agreements.

What Problems Does the Current Surrogacy Law Cause?

The current surrogacy laws in the UK are outdated. Most of these laws were established over 30 years ago, and have not kept up with changes in society and advancements in fertility treatments. These outdated laws do not fully support the diverse family structures that exist today, including same-sex couples, single parents, and blended families.

One of the main issues with the current system is the lengthy process to establish legal parenthood after the child is born. Since the surrogate mother is considered the legal parent, intended parents must wait until a Parental Order is granted, which can take months to a year. During this waiting period, intended parents have limited legal rights over the child, and in some cases, a surrogate could even decide to keep the child. This creates vulnerability for both the intended parents and surrogates and raises concerns about the best interests of the child.

What Does the New Surrogacy Bill Propose?

The Law Commission of England and Wales, in collaboration with the Scottish Law Commission, has proposed a new framework to modernize surrogacy laws. This proposal aims to better protect children, surrogates, and intended parents. Key features of the proposed reforms include:

Immediate parental rights for intended parents from the moment of birth, eliminating the need to wait for a Parental Order.
Introduction of safeguards and screening processes, including criminal and medical background checks, and independent legal advice and counseling.
Regulation of surrogacy arrangements by Regulated Surrogacy Organisations (RSOs), which would be monitored by the Human Fertilisation and Embryology Authority (HFEA).
Reform of parental orders to allow courts to make decisions even if the surrogate does not consent, provided it is in the child’s best interest.
Enhanced rights for children born via surrogacy, better employment rights for intended parents, and more comprehensive guidance on nationality and immigration matters.

These reforms aim to ensure legal, physical, and emotional protection for all parties involved, bringing surrogacy laws in line with other areas of family law.

What Are the Prospects for Government Action on Surrogacy Law Reforms?

The final report and draft legislation were published on 29 March 2023. The Government is currently reviewing the report’s recommendations, but no formal action has been taken yet. Due to limited parliamentary time, changes are unlikely to be implemented immediately. However, surrogacy law reform is likely to become a priority for the new government in the future.

By modernizing surrogacy laws, the UK could create a more inclusive, supportive, and legally sound framework for all parties involved in surrogacy arrangements.

Bank of England cuts interest rate for first time in four years

Posted on 2 September 202425 March 2025 by Sarah O'Sullivan

The Bank of England has reduced Bank Rate for the first time in more than four years.

The rate is now 5%, having been held at 5.25% since August 2023, after 14 consecutive increases. The Monetary Policy Committee (MPC) marginally voted in favour of reducing Bank Rate, by 5 votes to 4. Many major mortgage lenders had already reduced their rates in anticipation of the cut and more are expected to follow suit. Despite this, the reduction is not expected to make a significant difference to mortgage affordability overall, however it is hoped to be the first of more cuts which should alleviate some of the financial pressures on homebuyers.

Matt Smith, Rightmove’s mortgage expert, commented, “While those looking to take out a mortgage soon shouldn’t expect to see drastically lower mortgage rates, we would expect the downward trend we’ve started to see continue.”

Renters’ Rights Bill – what’s in it

The government has released notes on what to expect in the Renters’ Rights Bill, which is due to introduced in the autumn.

As promised in Labour’s manifesto, the Bill will include the end of ‘no fault’ evictions but will have clear possession grounds for landlords needing to reclaim their properties. Renters will also have improved rights enabling them to challenge rent increases. Plus, the government plans to end ‘bidding wars’ on rental properties, although property experts Rightmove commented that this may be difficult as there are currently 15 prospective tenants for every rented property.

Tenants will gain the right to request a pet, which the landlord must consider and cannot unreasonably refuse, however they can request appropriate insurance is purchased to cover any accidental damage. A Decent Homes Standard is also expected to be applied to the Private Rented Sector to improve the quality of rental properties.

The UK’s fastest selling homes

Research by Zoopla has revealed the homes that sell the fastest in the UK.

In England and Wales, almost half (49%) of homes find a buyer within 30 days of going on the market. This figure increases to 75% in Scotland where properties are valued and surveyed upfront, thus speeding up the homebuying process.

In Q2 of this year, the fastest-selling property type on Zoopla was two-bed terraced houses, which took an average of 27 days to sell. It then usually takes another four months for the transaction to be completed. These properties appeal to a range of buyers, from first-time buyers to empty-nesters looking to downsize. Notably, there is also more competition for this kind of home due to limited supply, as they made up only 7% of new properties listed in the last three months.

Interestingly, the slowest-selling properties are detached homes with at least four bedrooms, taking an average of 40 days before a sale is agreed. This is probably due to associated higher mortgage costs combined with a spike in supply of larger homes.

All details are correct at the time of writing (19 August 2024)

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All details are correct at the time of writing (19 August 2024)