June 2025

Tees solicitor wins prestigious STEP Excellence Award

Posted on 30 June 202530 June 2025 by Sarah O'Sullivan

Tees is delighted to announce that solicitor Niamh Mackenzie-Johnson, a valued member of our Private Client team, has been named a winner in the STEP Excellence Awards 2025.

The awards recognise the highest-scoring students globally across all STEP (Society of Trust and Estate Practitioners) diploma and advanced certificate qualifications. Niamh was recognised for her outstanding performance in the Advanced Certificate in Trust Disputes —part of the rigorous STEP Diploma.

Niamh said: “I’m absolutely thrilled to have been recognised in this way. The STEP qualification is a major commitment, and I’m grateful to everyone who has supported me throughout. I am particularly grateful to Tees for their continued support and investment in my professional development, which has been integral to this achievement.”

STEP qualifications are considered the gold standard for Private Client practitioners, and the Excellence Award recognises the top-scoring student at distinction level on each certificate, assignment, or essay. This recognition underlines Niamh’s deep understanding of trust matters and potential issues which may affect trustees and reflects the quality and professionalism that clients can expect from Tees.

Catherine Mowat, Senior Partner of Tees and Head of the Cambridge Private Client team, added: “We are incredibly proud of Niamh. Her achievement is a testament to her hard work and her commitment to delivering the highest standards for our clients.”

For more information about our Private Client services, please get in touch.

Tees takes flight with Buzz in the City art trail 2025

Posted on 30 June 20252 July 2025 by Sarah O'Sullivan

This summer, Chelmsford will come alive with creativity, community spirit, and a whole lot of buzz—quite literally. As part of the vibrant Buzz in the City art trail taking place across Chelmsford in summer 2025, Tees is thrilled to unveil our own unique bee sculpture, joining over 50 others dotted throughout the city.

Organised in partnership with Farleigh Hospice and delivered by Wild in Art, this spectacular trail will transform the city into an open-air gallery from June to August 2025. Each bee has been individually designed by talented artists and sponsored by local businesses and organisations, with the aim of raising awareness and vital funds for Farleigh Hospice’s work across Mid Essex.

At Tees, we’re proud to be part of this imaginative initiative that celebrates Chelmsford’s community spirit, creativity, and culture. Our sponsored bee will be a joyful part of the trail, inviting residents, visitors, and families to engage with art in a new, accessible way.

The trail will conclude with a special farewell weekend where all the bees will be displayed together before being auctioned to support Farleigh Hospice’s essential services.

Members of the public who log their visit to our bee via the official Buzz in the City app will be in with the chance of winning a Winnie the Pooh book set and all who visit the tourist point afterwards can collect Tees merch.

Keep an eye on our social media channels to see what our Tees bee gets up to.

Spotting the signs of Aortic Dissection

Posted on 30 June 202530 June 2025 by Sarah O'Sullivan

Aortic dissection is a serious condition where the inner layer of the aorta, the body’s main artery, tears and blood rushes between the layers of the aortic wall. This weakens the aorta and can potentially lead to rupture of blood flow to vital organs.

Aortic dissection is a life-threatening medical emergency that needs urgent diagnosis and treatment, yet is still often misdiagnosed. It is often missed in younger patients or those not typically seen as high risk.

Sadly, it causes more deaths each year than road traffic accidents in the UK. Quick diagnosis can be the difference between life and death and so knowing what to look out for is vital.

Common symptoms of aortic dissection

Symptoms can vary and may mimic other more common conditions like heart attacks or a stroke. Knowing what to look out for could save a life:

Sudden, severe chest pain, often described as “ripping” or “tearing”
Pain that moves to the neck, back, jaw, or abdomen
Shortness of breath or trouble breathing
Loss of consciousness or fainting
Weakness or paralysis on one side of the body
Sweating, nausea, or dizziness
Low blood pressure or pulse differences between limbs

Notably, pain can be brief or migratory, and in some cases may subside before returning, misleading both patients and doctors.

When diagnosis is delayed or missed

Around 30% of aortic dissections are linked to genetic conditions such as Marfan syndrome or vascular Ehlers-Danlos syndrome, affecting people at younger ages than typically expected. It’s also a leading cause of maternal cardiac death. Unfortunately, aortic dissection is still frequently overlooked in these groups.

If a diagnosis is missed, the consequences can be catastrophic. Blood tests, ECGs, and chest x-rays cannot rule it out. The gold standard is a CT angiogram or MRI of the entire aorta, which is why the guidance rule should be “THINK AORTA”.

What you can do

If you’ve experienced severe, sudden pain and were not given a CT scan, especially if symptoms persisted or returned, it’s important to seek specialist follow-up. If you believe that medical professionals failed to investigate your symptoms, or those of your familyproperly and this led to a delay in diagnosis or treatment, legal advice may help you understand your options.

We’re here to help. Our medical negligence team understands the complexities of aortic dissection cases and will guide you clearly through every step of the claims process.

Read our case study and find out more about how we can help: Aortic Dissection Medical Negligence Claims

Shaping the future of stone supply: Grants’ sale to Stoneworld

Posted on 27 June 202527 June 2025 by Sarah O'Sullivan

Tees recently advised Grants of Shoreditch Limited (“Grants”) on the sale of its subsidiary Park Lane Bathstone Limited (“Park Lane”) to Stoneworld (Oxfordshire) Limited (“Stoneworld”). Grants of Shoreditch Limited specialises in the supply of high-quality stone to support the UK construction industry.

Park Lane ran the Park Lane Bathstone Mine near Corsham, Wiltshire which was acquired by Grants in 2018. Following a strategic decision by Grants to focus its quarrying operations in the Midlands and North of England, it was decided to sell the Park Lane mine. For Stoneworld, this acquisition will provide a springboard into the rapidly growing Bath stone market, allowing Park Lane to supply Bath stone to projects across the country, utilising the knowledge and experience gained from over two decades in the stone industry.

The Bath stone market has experienced significant consolidation in recent years, driven by strategic acquisitions aimed at enhancing production capacity and securing high-quality reserves.

The Grants Group is a multi-disciplinary and innovative provider of construction solutions. It has contributed to some of the country’s most prestigious building projects, including Hanover Square, the Westfield shopping centres in London, the British Museum, and The Shard.

The transaction team was headed by Corporate Partner Baljeet Kaur, who together with solicitor Alex Haines and Commercial Property Partner Jane Winfield, steered Grants through the sale process, ensuring that the company’s position was well protected at all times during the transaction.

Baljeet commented “It has been a pleasure supporting the team at Grants, and we wish them every success moving forward. We look forward to assisting them with their exciting future projects.”

Directors Michael Denyer and Jason Plumstead expressed their gratitude to the Tees team for their efforts in finalising the deal and acknowledged that “Bally’s expertise, guidance, and dedication were instrumental in achieving a smooth and successful transaction.”

Finding a fair and cost-effective family solution through arbitration

Posted on 27 June 2025 by Sarah O'Sullivan

Tim* came to Tees for advice after his former partner, Betty*, made an application under Schedule 1 of the Children Act for financial support for their daughter, Alice*. When Alice was about six months old, Betty moved abroad without Tim’s agreement.

Tim wanted to remain an active part of Alice’s life. However, he didn’t want to expose either her or Betty to a lengthy and potentially stressful court battle over her return or living arrangements.

After relocating, Betty applied for financial support for Alice. Mediation had already been attempted but hadn’t worked. On receiving Betty’s application, we talked to Tim about arbitration: often a faster, private alternative to court. Both parties agreed to engage in the process.

Tim’s financial position was far stronger than Betty’s; he had a salary of £175,000 and assets of £1 million, whereas Betty had no income or capital. She requested £575,000 in capital, £2,800 per month in maintenance, and private nursery and school fees. Tim offered £141,000 towards housing costs, £1,000 a month in maintenance and up to £350 for nursery fees.

There was a clear gap between their positions, with key points of disagreement including the cost of buying a two-bedroom home in the country where Betty and Alice had moved and the cost of everyday items, such as food.

At the arbitration hearing, the arbitrator found that Tim’s offer better reflected the needs of the child. He felt Betty’s figures were based on high-end property prices and didn’t reflect the realistic cost of living in the local area. The arbitrator concluded that the cost of living was significantly lower than in the UK and their decision was closer to Tim’s approach.

Choosing arbitration meant both parents avoided the drawn-out and costly court route. With the right advice and a focus on the best outcome for the child, the process remained constructive. Tim had strong legal representation and a suitable arbitrator in place – thanks to our team’s specialist knowledge and practical, strategic advice.

If you or someone you know could do with expert family advice, get in touch with any of our Family law team.

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

Tees wins Responsible Employer of the Year at East Prop Awards 2025

Posted on 27 June 202511 July 2025 by Sarah O'Sullivan

At the East Prop Awards 2025, Tees was awarded Responsible Employer of the Year sponsored by Horta Properties Limited. The black-tie evening held by UK Property Forums on Wednesday 25 June at Homerton College, Cambridge, brought together professionals from across the eastern region.

Tees was shortlisted for our commitment to responsible business—championing wellbeing, encouraging ethical business across operations, and strengthening ties within our local communities. The award reflects years of collaboration and hard work across the firm to put purpose at the heart of how we do business through Environmental, social and governing efforts.

Sarah Coates, Partner and Head of Commercial Property in Cambridge, was also recognised on the night as a finalist for Leader of the Year. The nomination acknowledged her leadership in both community engagement and strategic growth.

Sarah commented:

“Winning Responsible Employer of the Year is a huge honour and a real reflection of the values we live by at Tees. It was also a pleasure to be surrounded by so many peers and professionals making a genuine impact across our region.”

Congratulations to all winners and finalists, and to all the team at UK Property Forum for delivering another exceptional event. The standard of entries shows that the East of England continues to lead the way in sustainable and responsible development, and we are proud to be a part of the movement.

Employment tribunal backlog in 2025: Practical insight for employers and employees

Posted on 26 June 2025 by Sarah O'Sullivan

Employment Tribunal backlogs continue to swell, with a reported 49,800 open cases at the end of 2024, a 23% on the previous year, leaving roughly 450,000 individuals waiting for resolution. The average claim for unfair dismissal or discrimination now sits in the queue for about 12 months before it is listed for hearing. During that time the dispute is very much alive, potentially tying up management time, legal budgets and personal energy.

Why the numbers keep rising

Receipts are outstripping disposals. In Q3 of the 2024–2025 financial year the Tribunals received 11,000 new single claims but disposed of 9,600, driving the overall open caseload to 467,000 across single and multiple claims. Within those figures unfair dismissal filings jumped by more than a quarter year on year, with wage disputes and discrimination claims also climbing.

Greater public awareness of employment rights, cost-of-living pressures and the abolition of Tribunal fees in 2017 all play a part, yet a shortage of salaried judges may be an immediate pinch point.

ACAS Early Conciliation: a system within the system

Early Conciliation was designed to ease pressure, but freedom of Information data shows an average of 14.78 days to allocate a case to a conciliator, and practitioners regularly see four-week waits that consume most of the six-week statutory early conciliation window. ACAS’ total headcount is 1,085 people for the entire organisation, limiting capacity to manage the growing volume of notifications.

The practical consequence is, we would venture, more certificates issued without discussion and, ultimately, more claims proceeding to Tribunal.

Enter the Employment Rights Bill

The Employment Rights Bill, now progressing through Parliament, promises to reshape the landscape again:

• Day-one protection against unfair dismissal will replace the current two-year qualifying period, although employers may operate an extended probation period of up to nine months.
• Limitation periods for most employment claims could double from three to six months, giving potential claimants more time to seek advice and lodge proceedings.
• A broader definition of “employee” will bring casual and zero-hours workers firmly within Tribunal jurisdiction.

Each change aims to improve access to justice, yet each may add pressure on an already stretched system.

What this means for employers

1. Refresh policies and procedures now

In practical terms, the best antidote to a growing Tribunal backlog is prevention. For employers, start with a spring-clean of your core documents. Your disciplinary, performance and redundancy and flexible-working policies should match current ACAS guidance, speak the language of fairness and set out clear timelines and expectations (and consequences of serious and/or persistent poor behaviour or work expectations).

When policies are simple, consistent and easy to find, staff are much more likely to follow them and far less likely to feel blindsided by process.

2. Train line managers on fair process and record keeping

Next, equip your line managers. Many Tribunal claims succeed because managers skipped a step in the process, or appeared to act inconsistently, rather than because the business acted in bad faith.

Short, scenario-based training on investigation meetings, note-taking and outcome letters pays for itself quickly.

Pair that training with a standard document pack so managers capture evidence in a consistent format.

Clear processes and consistent practices build trust inside the workforce and reduce the risk of unfair dismissal litigation.

3. Front-load evidence. Capture witness notes and digital records while memories and data are still fresh

Evidence really is key. Gather witness statements, emails, WhatsApp messages and rota data while the facts are still fresh in everyone’s minds.

Store everything in a central, searchable system with retention periods that reflect the six-month limitation proposed in the Employment Rights Bill.

Early document collection not only strengthens your defence but also signals to claimants that you are prepared, which can encourage settlement during ACAS Early Conciliation.

Keep in mind, as an aside, data privacy rights and obligations when processing data.

4. Consider alternative dispute resolution

When a dispute arises you might look beyond ending up at the Tribunal hearing. Judicial mediation (where a Judge not involved in your final case mediates between the parties), private mediation or even a well-timed protected conversation can save months of uncertainty and allow commercial choices to be made to reach a resolution in a cost-effective way.

Alternative dispute resolution shows the Tribunal that the employer has acted reasonably, protects brand reputation and often costs far less than a full hearing. With listing dates sliding into late 2026, a pragmatic offer today can be the quickest route to closure.

If you would like tailored advice on updating policies, delivering training or exploring mediation, the Tees Law employment team is ready to help.

What this means for employees

Early advice remains essential.

Even with longer limitation periods on the horizon, evidence is far easier to gather soon after an incident. Keep contemporaneous records, explore ACAS conciliation promptly and weigh settlement offers pragmatically against the prospect of a hearing that could be more than a year away.

Our perspective at Tees Law

The backlog is frustrating, but it is manageable with the right strategy. We help clients set realistic timelines, gather robust evidence at the outset and explore settlement or mediation where that serves their goals. If the Tribunal queues or the forthcoming Employment Rights Bill raise questions for you or your organisation, our employment team is ready to help you navigate UK employment law with confidence.

Sources

• Ministry of Justice, “Tribunals statistics quarterly: October to December 2024,” GOV.UK, published March 2025.
• Personnel Today, Rob Moss, “Employment tribunal backlog up 23 % in a year,” 7 May 2025.
• People Management, “Employment tribunal backlog soars by a quarter in a year,” May 2025.
• HR Grapevine, “Employment tribunal backlog leaves 450,000 in legal limbo,” 8 May 2025.
• House of Commons Library, “Employment Rights Bill 2024-25: Progress of the Bill,” Research Briefing CBP-10174, March 2025.
• ACAS, “Annual Report and Accounts 2023-24,” presented to Parliament 18 July 2024 (staffing and service metrics).

Fewer divorces, more financial battles: Why couples are heading back to court

Posted on 26 June 202515 July 2025 by Sophie Soraf

While divorce figures in England and Wales are at their lowest in over 50 years, the number of couples fighting over finances in family courts is climbing steeply.

Divorce rates continue to decline

In 2022, there were just 80,057 divorces in England and Wales—the lowest total since 1971, a drop of nearly 30% from the 113,505 divorces recorded in 2021
Preliminary figures for 2023 suggest an even further dip to around 76,000 divorces, the lowest seen since the early 1970s.
Contributing factors include the post-Covid resurgence in divorces in 2021, followed by a downturn under the new no-fault divorce law (introduced in April 2022), and sustained cost-of-living concerns.

Financial disputes hit a 15‑year high

According to data from the Ministry of Justice, despite falling divorce numbers, contested financial remedy orders surged to roughly 10,300 in 2023, marking a sharp 66% increase and the highest level since at least 2008.

Factors driving this rise include:

Economic instability: Many divorcing couples are finding it harder to agree on settlements amid falling property values and rising living costs.
Complex financial portfolios: Wealthier individuals with international assets or opaque finances are increasingly contesting settlements, often fuelled by jurisdictional issue.
Non-compliance and enforcement: Post-judgment enforcement is also becoming more common, with delayed transfers of property and unfulfilled payment arrangements due to financial difficulty.

Court delays and private alternatives

Financial disputes are taking significantly longer to resolve—routine financial and child-arrangement cases now average 47 weeks from start to resolution.
Faced with this backlog and public exposure, many high-net-worth individuals are opting for private arbitration. There were 130 arbitrations on divorce financial settlements in 2024, up from 89 in 2023, according to the Institute of Family Law Arbitrators. This process offers speed, privacy, and control—and is often quicker and—in the long run—cheaper than traditional court proceedings.

What should you do?

Get advice early. Cost-of-living pressures are delaying divorces—some 19% are postponed for financial reasons, but this can also lead to rushed and unfair financial settlements.
Prepare documents and explore mediation or arbitration. Taking the private route can reduce time and public scrutiny.
Enforce and vary orders. If the other party is failing to comply or your finances have shifted significantly, it’s critical to seek prompt legal guidance.
Stay aware of financial risks. A lack of clarity over pensions, investments or credit entanglements can derail agreements. Around 38% of divorcees admit to poor awareness of finances prior to splitting.

Summary Table
Trend	Implication
Divorce rate ↓ (80,000 → ~76,000)	Couples are delaying or avoiding divorce, often due to costs
Court disputes ↑ (10,300 orders contested, +66%)	Settlements are more contested than ever
Court wait times ↑ (47 weeks avg)	Formal court proceedings have become lengthy
Arbitration usage ↑ (130 cases in 2024)	Private alternatives are becoming more popular

How Tees can assist you

Strategic planning
We’ll help you gather evidence, prepare asset statements and identify potential dispute areas before filing.
Mediation and arbitration guidance
We work with accredited mediators and arbitrators to help you resolve disputes swiftly—in private.
Robust court representation
Should your case go to court; our experienced family team will negotiate or enforce the fairest settlement on your behalf.
Post‑settlement support
From varying terms after changes in income to pursuing enforcement, we’re here throughout.

Conclusion

Yes, divorce numbers may be falling, but for many, the separation of finances is becoming more contested, more public, and more prolonged. At Tees Law, we guide you through every phase; before, during and after—to ensure you secure a fair outcome with as little stress, delay and exposure as possible.
We’re here to protect you, your children, your wealth and your sanity during divorce.

If you’re separating and worried about your finances, reach out for a confidential, no‑obligation chat with one of our specialist family law solicitors.

Making a Will: Who will inherit if you don’t decide?

Posted on 26 June 2025 by Sarah O'Sullivan

Have you thought about what would happen to your assets if you died without a Will? It’s a difficult topic to consider, but putting a Will in place is one of the most important steps you can take to protect your family and future.

Shockingly, research by pension and insurance company Canada Life has consistently found that over half of the adults in the UK have not made a Will. If they die without one, they’ll be intestate, and their assets distributed in accordance with default rules (known as ‘the rules of intestacy’).

Make your wishes known

A Will is the only way to make sure your money, property and personal possessions go to the people and causes you care about. Without one, the rules of intestacy set out who inherits – and it might not reflect what you would have wanted.

You can also use your Will to:
• Appoint guardians for your children
• Make financial provision for dependents
• Leave gifts to friends, charities, or organisations
• Set out funeral wishes

Reduce stress and uncertainty

Losing a loved one is hard enough. A clear, legally valid Will reduces the burden on your family at a time of grief. It helps avoid confusion, prevents disputes, and ensures decisions don’t have to be made under pressure.

Protect against inheritance tax

A well-drafted Will can help manage how much inheritance tax is paid – making sure more of your estate goes to your loved ones. With advice from our legal and financial experts, we can create a plan that works for you.

Plan for the unexpected

No one knows what the future holds and yet, approximately 31 million UK adults do not have a Will in place. Making a Will is not just for later life – it’s relevant to anyone with children, property, or financial assets. It can then be reviewed and updated as life and your personal circumstances change.

Giving you the full picture
Our private client solicitors will talk you through the process clearly and without jargon. We’ll help you understand your options and draft a Will that reflects your wishes. We’ll also make sure it meets all legal requirements and help protect against any potential future challenges against the terms of the Will.
If you already have a Will, we recommend reviewing it regularly – especially after major life events like marriage, divorce, or having children.

Get in touch

If you’re ready to make a new Will, wish to review an existing one or just want to talk through your options, we’re here to help. Book a confidential, no-obligation chat with one of our expert Wills and probate solicitors

The NHS maternity crisis: the statistics demand urgent action

Posted on 25 June 20258 July 2025 by Sarah O'Sullivan

The state of NHS maternity services is a national concern and the government has announced a plan of action. In a move that will resonate with many families, Health Secretary Wes Streeting has launched a rapid investigation into 10 of England’s worst-performing maternity units, alongside a broader review of systemic failings.

This follows the 2024 Birth Trauma Inquiry which was one of the most sobering reports on NHS care in recent years.

Based on over 1,300 testimonies from women and health professionals, it concluded that traumatic births are not rare exceptions, but common events. Around one in three women now describe their birth experience as traumatic. Each year, as many as 30,000 mothers develop post-traumatic stress disorder after giving birth.

The report uncovered:

694 emergency caesareans, many of them unplanned and inadequately explained
378 cases involving forceps delivery
106 third-degree perineal tears and 41 fourth-degree tears
Repeated failures to obtain informed consent before procedures
Poor or missing pain relief in labour
A consistent theme of women feeling dismissed, ignored or blamed when things went wrong

Behind each statistic is a person, a mother who felt abandoned, a baby with preventable injuries and a family searching for answers.

At Tees, we see the reality behind these figures. We work with families affected by poor maternity care, many of whom come to us not just seeking compensation but seeking answers. They want truth, accountability, and reassurance that lessons will be learned.

The stories we hear reflect the national picture, from missed diagnoses and failure to escalate concerns, to serious injuries and hospitals failing to meet their legal duty of candour. For some families, the outcome is a child with lifelong care needs. For others, it is the grief of losing a baby. For many, the trauma is emotional and enduring with an ongoing loss of trust.

Tees has long championed the need for safe, respectful and accountable maternity care. We’ve spoken publicly on these issues, highlighting how avoidable harm can occur during labour and delivery, and how some mothers face discrimination during pregnancy and maternity leave.

In 2015, the UK government set an ambition to half the rates of stillbirths, neonatal deaths, and maternal deaths in England by 2030. Despite these pledges, improvements in maternity services have been slow. Read our Freedom of information report which analysed the responses from NHS Trusts on patient safety and maternity care.

We welcome this inquiry and hope it helps deliver the national cultural change that is so clearly needed. That means listening to experiences, rebuilding trust in maternity care, and ensuring that when things go wrong, families are supported, not silenced.

Tees is here to support people through these moments. If you have questions about the care you or your baby received, we’re here to listen and help.

Tees resolves high-conflict divorce with strategic non-court solution

Posted on 17 June 202523 June 2025 by Sophie Soraf

When Richard* faced a complex and acrimonious divorce with his ex-wife Lola*, our family law team at Tees helped to steer the case away from escalating courtroom battles. With a significant income at stake and court delays looming, we proposed a private hearing—leading to a fair resolution ahead of schedule and securing a financial outcome that protected our client’s future.

For context:

Tees were instructed to represent Richard* in financial remedy proceedings relating to an acrimonious divorce from his wife, Lola*.

Richard and Lola had been living in Dubai with their two young children at the time of separation, where Richard had relocated from London for work. However, on separation Lola decided to move back to the UK with the children whilst Richard remained in Dubai where his income increased dramatically to over £600,000 per annum.

Richard applied to the court for divorce and financial remedy after which ensued extremely embittered court proceedings.

What happened next:

The principal area of dispute was the extent to which Richard would need to provide ongoing financial support (i.e. maintenance) through his income to Lola and the children.

When considering the appropriate level of such maintenance, the court consider the recipient party’s reasonable earning capacity and reasonable monthly needs. Inevitably, Lola’s position was that her income capacity was lower, and her monthly “needs” were significantly higher than those considered reasonable on behalf of Richard.

Although the parties made offers of settlement, they remained significantly far apart in their positions with each party resolute in their views on what the appropriate financial settlement should be.

With a stalemate in negotiations and the case not due to be heard in court again for some time due to court backlogs, Tees proposed the parties engage in ‘non-court dispute resolution’.

Tees suggested the parties attend a ‘private’ court hearing where the parties instruct an experienced family law barrister to take on the role of judge and provide the parties with an indication which would act as a foundation for settlement negotiations to recommence.

Giving you the full picture:

After some resistance from the wife, Tees persuaded her that ‘non-court dispute resolution’ would be the most efficient way of achieving progress towards a conclusion which would be in the interests of everyone involved.

The parties attended the ‘private’ hearing and Richard received an indication which was largely aligned with his position. The clear opinion on the case from the ‘private’ judge encouraged the wife to compromise on her position following the hearing and an agreement to settle the matter was agreed shortly thereafter.

Tees’ expertise and creative approach to resolving the dispute meant that Richard achieved a result which helped to protect his income and without the delays of the costly traditional court process.

If you’re unsure of what to do next after a separation, our experts are here to guide you through the process.

*Names have been changed in order to protect the privacy of our client.

Limb lengthening and reconstruction orthopaedic surgeries: When medical negligence may arise

Posted on 16 June 202523 June 2025 by Sarah O'Sullivan

Limb lengthening and reconstruction surgeries are advanced orthopaedic procedures used to treat various conditions such as congenital limb discrepancies, traumatic injuries, and deformities caused by infection or bone cancer. These surgeries can significantly improve a patient’s quality of life by restoring mobility, alleviating pain, and improving limb function.

However, the complex nature of these procedures means that, when something goes wrong, the consequences can be severe. If medical professionals fail to follow appropriate clinical guidelines or provide substandard care, patients may be entitled to bring a medical negligence claim.

What is limb lengthening and limb reconstruction?

Limb lengthening is a surgical process used to gradually increase the length of a bone, typically using an external fixator or an internal lengthening device. This may be necessary for patients with:

Congenital limb length discrepancies
Traumatic injuries
Amputations requiring limb equalisation

The process occurs over several months and is usually carried out in carefully planned stages.

Limb reconstruction on the other hand, refers to procedures designed to restore the structure and function of a limb following injury, disease, or deformity. Reconstruction techniques may include:

Bone grafting
Osteotomy (bone realignment)
Use of implants or prosthetics

Any procedure requires meticulous surgical technique, thorough planning and comprehensive postoperative care. Failure at any stage could give rise to complications and in some cases to claims for orthopaedic negligence.

When can medical negligence occur?

Healthcare professionals owe their patients a legal duty of care. They must provide treatment that meets the standard of a reasonably competent practitioner in their field. Negligence occurs when this duty is breached and the breach causes avoidable harm.

To be successful, a medical negligence claim must satisfy two legal tests:

Breach of Duty

It must be shown that the care provided fell below the standard expected of a reasonably competent professional in that specialism. A claim will usually fail if the healthcare provider can demonstrate that a responsible body of clinicians would have acted similarly.

Causation

It must then be proven that, on the balance of probabilities (i.e. more than a 50% chance), the injury or poor outcome would have been avoided had the proper standard of care been met.

Common examples of negligence in limb lengthening and reconstruction

Surgical errors

These procedures require extreme precision. Common errors include:

Incorrect placement of external or internal fixation devices, causing malalignment or deformity
Poor surgical technique resulting in abnormal bone growth or failure to achieve intended length
Damage to nerves, blood vessels, or surrounding tissue during surgery

Inadequate preoperative assessment and consent

A full preoperative assessment is crucial to identify any risks or contraindications. Failures may include:

Incomplete imaging or assessment of bone and soft tissue
Failure to identify underlying conditions affecting healing
Inadequate consent procedures, particularly in paediatric cases where risks are not clearly explained

Poor postoperative monitoring

Post-surgical care is just as important as the surgery itself. Failures here can include:

Not recognising signs of infection, non-union, or delayed healing
Lack of follow-up imaging or clinical reviews
Insufficient rehabilitation advice, impacting mobility and recovery

Improper use or management of medical devices

Limb lengthening devices must be managed correctly throughout treatment. Negligence may occur where:

Devices are improperly adjusted or maintained
There is a failure to act when a device is malfunctioning
Infection or bone damage occurs due to poor hygiene or delayed treatment