February 2025 - Tees Law

Brain tumour and medical negligence: Can you make a claim?

Posted on 27 February 20258 July 2025 by Sarah O'Sullivan

Being diagnosed with a brain tumour can be a worrying time.

Control of your daily life can disappear and become replaced by feeling anxious, uncertain and overwhelmed. We understand you may be worried and concerned about your future and how to provide for your family. Our specialist team have many years of experience and knowledge to help and support you.

Brain cancer: Medical negligence claim

With timely diagnosis and appropriate treatment, many brain tumours are treatable, controllable, and sometimes curable. However, left undiagnosed and untreated, many tumours will grow and can cause serious life-changing problems, or even death.

If you suspect that there has been a delay in diagnosing the tumour, there may be a claim for medical negligence.

Why Choose Tees

Our expert solicitors understand the devastating impact of delayed treatment. We can help you get financial compensation, an explanation and/or an apology. We make the legal process as stress-free as possible and offer Non Win, No Fee Agreements, so that if your claim is unsuccessful, you will not be responsible for any fees or costs.

Tees has a proven track record of securing substantial compensation for clients who have suffered due to a delayed diagnosis of brain tumours.

Most recently, Janine Collier and Megan Reckless settled a case involving a delayed diagnosis of a brain tumour and consequent sight loss for £1,010,793.53. The claim concerned a failure to investigate a visual field defect and a persisting failure thereafter to investigate ongoing visual complaints. A Personal Injury Trust has been set up through Tees’ private client Team, and the client is now seeking investment advice through Tees Wealth.

“Janine is an extremely good and competent partner, solicitor and negotiator. She kept me updated throughout my claim and also contacted me at various points to make sure I understood what was happening with the claim and was ok. Janine assembled a great team of experts and continually challenged them – and the defendant on the evidence they presented. Janine and the KC did a great job negotiating a settlement against the defendant – and I was happy I got the settlement I was looking for. I’d highly recommend Janine to anyone looking for a medical negligence lawyer – I’d be surprised if you’d find a better one!“ Mrs B, client

Read how our medical negligence experts helped pursue a claim in the following case: Widow secured a six figure sum after 5 year delay in diagnosing her husband’s brain tumour.

Let us help you to take the next steps.

Janine Collier, a Partner and specialist in brain cancer cases in the Medical Negligence team at Tees, explains how they should be diagnosed, plus the causes and symptoms of brain cancer.

Detection and diagnosis of brain tumours?

Sometimes, brain tumours may be identified during a brain scan. Usually, however, a patient will first present to a GP or Accident & Emergency and will then be referred to a neurologist for further investigation.

At the appointment with the neurologist, the assessment may include:

a neurological examination, eye and hearing tests – these tests help determine if a tumour is affecting how the brain functions. An eye examination can detect changes to the optic nerve, as well as changes to a person’s field of vision.
neurocognitive tests – these are a detailed assessment of all major functions of the brain, such as storage and retrieval of memory, expressive and receptive language abilities, calculation, dexterity, and the overall well-being of the patient.
blood tests
a brain scan – MRI scans can measure the tumour’s size, CT scans can also help find bleeding and enlargement of the fluid-filled spaces in the brain, called ventricles and changes to bone in the skull. PET scans can help to show up a brain tumour by highlighting the areas of the brain where cells are more active than others.
a biopsy is where a small tissue sample is taken for laboratory testing to confirm the type and grade of the tumour. This helps the doctors decide the best treatment for you.

What is a brain tumour?

When cells grow or spread abnormally and multiply uncontrollably in the brain, a brain tumour forms. A primary brain tumour starts in the brain. A metastatic brain tumour originated in another part of the body, such as the breast, lung or bowels and spread to the brain, usually through the blood stream.

A tumour can be:

Cancerous (malignant)
Non-cancerous (benign)

Low-grade tumours (Grades 1 and 2) are usually slower-growing and not immediately life-threatening. High-grade tumours (Grades 3 and 4) or malignant brain cancers are usually faster growing, aggressive and can be a serious threat to life.

Some of the more common benign brain tumours in adults include:

Meningiomas
Schwannomas, e.g. acoustic neuroma
Pituitary adenoma
Craniopharyngiomas
Medulloblastoma.

Malignant brain tumours include gliomas such as:

Astrocytomas
Ependymomas
Glioblastomas (GBM)
Medulloblastomas
Oligodendrogliomas.

Brain tumours can occur in both adults and children. Age, exposure to radiation, a family history and some genetic conditions are known to increase the risk of getting a brain tumour.

What are the symptoms of a brain tumour?

The symptoms of a brain tumour depend on which part of the brain is affected and how large the tumour is. They can often resemble the symptoms of other illnesses.

Warning signs to be aware of include:

frequent, severe headaches
ringing in the ears (tinnitus)
seizures (fits), twitching of the face or limbs or temporary ‘absence seizures’ where you lose awareness of your surroundings for a short time
nausea and vomiting
mental changes such as confusion, memory problems, loss of concentration
personality or behavioral changes
problems with vision such as blurred or double vision, loss of peripheral vision or blind spots
problems with speech
progressive weakness, numbness, loss of balance lack of co-ordination
fatigue
hormonal fluctuations.

What is the treatment for a brain tumour?

Treatment options for primary brain tumours will depend on:

the type of tumour
the size and location of the tumour
tumour grade
rate of tumour progression
other patient factors, such as the age and health of the patient and the patient’s preferences

Treatment may include:

steroids and medicines to provide symptomatic relief
“watch and wait” monitoring
radiotherapy
chemotherapy
surgery (craniotomy)
genomic biomarker-based treatments, a personalised cancer therapy, whereby through molecular profiling, patients receive targeted treatments.

If surgery is performed it may not be possible to remove the whole brain tumour and treatment with radiotherapy or chemotherapy may also be needed to treat any abnormal cells left behind.

Usually treatment options are discussed at a Multi-Disciplinary Team (MDT) Meeting where clinicians such as neurologists, neuro-oncologists and neurosurgeons and agree the best way forward for the patient.

What is the prognosis for a brain tumour?

Many people with a brain tumour live long, healthy and happy lives if the tumour is caught and treated early. That is why diagnosing and treating the tumour promptly is so important – it can make an enormous difference to the outcome.

Every brain tumour is different – the higher the grade and the larger and more advanced the tumour, the more likely it is that there will be life-long and, life-changing impacts. These usually include physical and emotional difficulties, but as well as these there are often social and financial effects from the tumour itself and/or its treatment.

Mission to revolutionise brain tumour research

Like the treatment for many forms of cancer, brain tumours are the subject of much research across the world by many teams of scientists. The whole of medicine is benefitting from radical new approaches such as those provided by genetic research. Here in the UK, in January 2018, just 5 months before she died, the politician, Baroness Tessa Jowell bravely stood up in the House of Lords and called for more funding and support for people with brain tumours. “For what would every cancer patient want?” she asked. “To know that the best, the latest science was being used – wherever in the world it was developed, whoever began it.”

Find out more about brain tumour research Cancer Research UK

Related content – Brain tumour charity – What do we know about NHS waiting times

Disclaimer

All content is provided for general information only, and should not be treated as a substitute for the medical advice of your own doctor, any other health care professional or for the legal advice of your own lawyer. Tees is not responsible or liable for any diagnosis made by a user based on the content of this site. Tees is not liable for the contents of any external internet sites listed, nor does it endorse any service mentioned or advised on any of the sites. Always consult your own GP if you’re in any way concerned about your health and your lawyer for legal advice.

Ovarian cancer and medical negligence: Understanding symptoms, diagnosis, and your legal rights

Posted on 25 February 202514 May 2025 by Sarah O'Sullivan

What is ovarian cancer?

Ovarian cancer is the growth of abnormal cells in the ovaries. The cells can grow into surrounding tissues or organs. There are different types of ovarian cancer, and the type you have depends on the type of cell it starts in.

Symptoms of ovarian cancer

Symptoms of ovarian cancer can often be mistaken for symptoms of other conditions. Common symptoms include:

bloating
pelvic pain
menstrual irregularities
feeling full quickly / loss of appetite
frequent urination.

Other symptoms can include changes in bowel habit, unexplained weight loss and fatigue.

Causes and risk factors

Risk factors can include age (the risk is greatest in those aged 75 and 79), inherited genes, previous cancer (such as a history of breast cancer), being overweight, having a family history of ovarian cancer, using hormone replacement therapy (HRT) and certain conditions such as diabetes or endometriosis.

Diagnosis of ovarian cancer

There are 7,500 new cases of ovarian cancer in the UK every year.

According to Cancer Research UK, one in 56 females in the UK will be diagnosed with ovarian cancer in their lifetime, and 11% of ovarian cancer cases are preventable.

Importance of timely detection

Around 95% of those diagnosed with ovarian cancer at stage 1 (between 2016 and 2020) survive five years or more, compared to just 15% of those surviving five 5 years or more when diagnosed at stage IV. (Early Diagnosis Hub (shinyapps.io))

This means a timely diagnosis of ovarian cancer is crucial – it directly impacts the chances of successful treatment, survival rates and overall prognosis.

Challenges in early diagnosis

Because the symptoms of ovarian cancer are non-specific and can often be mistaken for symptoms of other conditions (such as gastrointestinal issues), ovarian cancer can go undetected for years.

The NICE Guidance on Ovarian Cancer, Recognition and Initial Management aims to enable earlier detection of ovarian cancer and improve initial treatment.

Diagnostic procedures and tests

If a doctor suspects ovarian cancer, they should do a pelvic examination and order blood tests (called a CA125 test). They may also order imaging, such as an ultrasound of the abdomen and pelvis.

If, after these initial tests, the doctor remains concerned about ovarian cancer, they will refer you to a hospital for further investigation using a suspected cancer pathway referral.

Further imaging may be done (for example, a CT scan) and a needle or surgical biopsy may also be taken to confirm (or exclude) the diagnosis, determine the type or assess the staging of the cancer.

Pap smears do not screen or diagnose ovarian cancer. MRI scans are also not routinely used for assessing women with suspected ovarian cancer.

Medical negligence in ovarian cancer cases

Common examples of medical negligence in ovarian cancer cases can include:

Delayed diagnosis. This could occur if:

There is a failure to monitor high-risk patients
Symptoms consistent with ovarian cancer are ignored
Blood tests or scans are not requested when symptoms indicate possible ovarian cancer
Test or scan results are misinterpreted
Test results or abnormal findings are not followed up or communicated

A delayed diagnosis can mean that the disease spreads to other parts of your body, making it more difficult to treat; you require different or more treatment; and/or that your prognosis is poorer.

Surgical errors or mismanagement, such as:

incomplete tumour removal
accidental damage to the bladder, bowel or ureters
wrong procedure

Ovarian cancer misdiagnosis leading to the wrong treatment

This could occur if a patient is incorrectly diagnosed with another condition (e.g. ovarian cysts) and is given the wrong treatment, such as hormonal therapy rather than cancer treatment.

Making a claim for ovarian misdiagnosis

Eligibility for making a claim

Medical negligence occurs when a patient suffers harm or injury as a result of substandard care in a healthcare setting.

Medical negligence claims have strict time limits. If your case relates to a delayed diagnosis or ovarian cancer misdiagnosis, this is 3 three years from when you were informed of the correct diagnosis. If your case relates to errors relating to treatment, this is likely to be 3 three years from the date of the error.

Steps involved in the claims process

Medical negligence claims are technical and complex – that is why you should seek advice from a specialist medical negligence lawyer. It will be almost impossible to navigate the process on your own.

If you would like to understand more, read here: “Bringing a medical negligence claim”

Compensation

Claiming compensation can help provide the help and support that you need.

The amount of compensation you can obtain can vary widely depending on the specific circumstances of your case.

As well as receiving compensation for the physical and psychological consequences of any negligence, you will be able to recover specific financial losses incurred as a result of the negligence. This could include loss of earnings, care, medical treatment and other miscellaneous costs resulting from the negligence.

Seeking support for a medical negligence claim is a significant and often challenging step. That is why we are here to listen to you and talk through what happened, and to help and guide you every step of the way.

Should whistleblowing protections be extended to all job applicants?

Posted on 22 February 202510 July 2025 by Sarah O'Sullivan

A case referred to the Court of Appeal is set to determine whether all job applicants should be legally protected under whistleblowing laws. The outcome could have important implications for recruitment and workplace accountability for the treatment of job applicants across the UK.

The current legal landscape

At present, UK whistleblowing laws—primarily governed by the Employment Rights Act 1996 (ERA 1996)—do not extend to most job applicants. The only exception is NHS job applicants, who are protected if they have made a “protected disclosure” (i.e. reported, in the public interest, one of a number of qualifying disclosures such as that a criminal offence has been committed, or is likely to be committed, and/or that a person has failed, is failing or is likely to fail to comply with any legal obligation to which they are subject).

Other categories of workers, such as agency workers and those on work experience, are covered by whistleblowing protections when applying for roles in the NHS.

External job seekers in other sectors do not have such protection. Employers are unwilling to employ applicants who have previously blown the whistle. Individuals may be blocked from continuing their careers in their chosen fields or face glass ceilings.

Some employers, rather than seeing whistleblowers as ethical and principled individuals, may view them as potential risks. If an applicant has previously exposed wrongdoing, recruiters may be hesitant to hire them.

Without legal protection, whistleblowers can be silenced by exclusion from employment opportunities, discouraging others from speaking up about unlawful or unethical practices in the workplace.

The case at the Court of Appeal

The UK’s leading whistleblowing charity, Protect, has intervened in this case at the Court of Appeal in an effort to extend legal protection to all external job applicants. Represented pro bono by Farrer & Co and Claire Darwin KC and Nathan Roberts of Matrix Chambers, Protect argues that whistleblowing laws should cover individuals applying for jobs, ensuring they cannot be discriminated against or blacklisted for having previously raised public interest concerns.

The key legal question being considered is whether external job applicants should be covered by whistleblowing laws if they have made a protected disclosure during the job application process?

Protect’s intervention highlights the broader public policy implications of the case, including:

Encouraging whistleblowing – If job applicants fear career-ending retaliation, fewer people will come forward to report serious wrongdoing.
Ending blacklisting – Expanding protections would help prevent unfair discrimination against individuals who have previously blown the whistle.
Ensuring fair recruitment practices – Employers should evaluate candidates on their skills and experience, rather than penalising them for past whistleblowing.

Why this matters for employers and employees

If the Court of Appeal rules in favour of extending whistleblowing protections, employers will need to ensure that recruitment processes and decisions are legally compliant and transparent. Businesses would need to be aware of their obligations under an expanded legal framework and take steps to prevent detrimental treatment of whistleblowers.

What comes next?

The outcome of this case could reshape UK whistleblowing law. If the Court of Appeal agrees with Protect’s position, we could see new legal protections for job applicants who speak out about wrongdoing.

Until then, if you are an employer looking to ensure compliance with whistleblowing laws, or an employee concerned about your rights, seeking expert legal advice is crucial. The employment law team at Tees Law can help businesses navigate whistleblowing regulations and advise individuals on their legal protections.

Divorce settlements and private school fees: Ensuring your child’s future

Posted on 3 February 20259 July 2025 by Sarah O'Sullivan

Divorcing parents often face difficult decisions regarding their child’s education, particularly when it comes to private school fees.

With rising tuition costs and changes to VAT exemptions for independent schools, many parents are increasingly concerned about ensuring their child can continue at their school or university of choice following divorce. Securing school fees in a divorce settlement is becoming a pressing issue for many families, especially when friendships and social lives are intertwined with a child’s school community. At Tees, we are committed to helping families find the best path forward.

Our expertise in divorce settlements and school fees

In divorce settlements, one of the key challenges is addressing private school fees. The Court prioritises basic needs, and school fees are often seen as a luxury once those needs are met. As a result, it can be difficult for parents to secure a guarantee for school fees as part of their divorce settlement.

Clare Pilsworth, Partner at Tees Cambridge, explains: “The Court does not prioritise school fees and considers them an individual decision after housing expenses have been accounted for.”

However, the Court will assess the “needs” of each family differently based on individual circumstances. In some cases, the Court has criticised parents who do not continue paying school fees when they could afford to do so: “What children need is love and time. Actually, like everyone else, they also need money.” (K v D (2015), para 20).

Even if financial circumstances change significantly after a divorce, the Court may still approve orders for school fees, though both parents may have to make sacrifices (WD v HD (2015), para 56).

Financial remedy consent orders for school fees

In many cases, divorce settlements are reached without a Final Hearing, resulting in a Financial Remedy Order. This is an agreement between the divorcing parties, approved by a Judge, outlining how assets should be divided. If both parties agree, the arrangement can be formalised, allowing the child to continue attending their school. If an agreement proves difficult, various non-court dispute resolution methods can help reach a mutually beneficial solution.

Modifying a current order

If you already have a divorce settlement in place but are struggling to pay school fees due to a change in circumstances, you can apply to the Court to vary the existing Order. If this is a concern, please contact us for expert advice.

Steps you can take now

While a final divorce settlement may take time, there are steps you can take to support your child’s education during this period:

Inform the School: Keep the school or university informed of any changes in your financial situation. If your ex-partner historically paid the fees, request that invoices be sent directly to them moving forward.
Consider a Maintenance Pending Suit Application: If your partner refuses to pay the fees, a maintenance pending suit application could order them to pay the school fees until the settlement is finalised.
Explore Fee Reductions or Postponements: If both parents are unable to cover school fees, speak to the school’s bursar about possible reductions or postponements.
Consider Alternative Schools: If fees become unaffordable, consider alternative schools. Notify the school early to avoid being liable for fees for the next term.
Seek Expert Advice: At Tees, we assist many parents in ensuring that school fees are included in their divorce settlements. Our expert team is here to guide you through this process.

Divorce can be a challenging time, but with the right legal guidance, you can secure the best possible future for your child’s education. Contact Tees for expert support in navigating this important aspect of your divorce settlement.

Reference: Gov.uk- education hub

The standard 20% VAT rate was added to private school fees from 1 January 2025.

Private schools that are charities will lose charitable business rates relief, which provides an 80% discount on the rates they pay on their premises, from April 2025.

Assets in the UK and France: Should I have one Will or two?

Posted on 2 February 20258 July 2025 by Sarah O'Sullivan

Before 17 August 2015, the usual advice to people owning property in both the UK and France was that it was preferable to have two separate Wills governing the assets in each country.

French inheritance law with its rules of forced heir ship for beneficiaries such as children applied to all French land and buildings, and for French residents, French inheritance law applied to their movable assets such as bank accounts too. The rigidity of these succession laws often posed problems for UK nationals who, for example, could not pass their assets entirely to the surviving spouse as they would in the UK, due to the entrenched rights of children.

In this article, French law expert and specialist in cross-border Will and Trust arrangements, Sarah Walker, outlines the issues that need to be considered if you own property or indeed, are thinking about buying property in France and have not addressed this in your Will.

How has the law changed in relation to succession?

With the arrival of the EU Succession Regulation known as Brussels IV in 2015, it became possible for British nationals living in either the UK or France to choose to apply English law, and the testamentary freedom that comes with it, to their French assets.

This has appealed to many people, not least because of the simplicity of applying one set of laws to your estate as a whole and having one universal Will covering all of your assets.

However, it is really important to take advice from a lawyer who is conversant with both English and French inheritance law and tax to see whether a choice of English law will be the best option in your specific circumstances, and also whether you should have one Will or two.

One Will or two, what’s best for me?

Whether or not you would be better off with a universal Will or separate Wills will depend on:

the location, value and nature of your assets
your personal circumstances and wishes regarding the distribution of your estate.

A cross border Wills specialist will be able to help you meet as many of your aims as possible and give you clarity about the inheritance tax position in both countries. It is particularly important to take this type of advice if you are resident in France or have plans to become resident in the future.

It is worth noting in this context that France and the UK have different views of residence and domicile and French tax resident status can apply to you more commonly than you might imagine.

What are the risks of ignoring French assets?

If you instruct your UK solicitor to prepare your English Will with the intention that you will see a separate lawyer to deal with France at a later date, the risk is

you may never get around to doing so;
you may run into problems if the two Wills are not compatible.

In some scenarios it can be the case that, through having a separate French Will, you may avoid the need for a Grant of Probate on your death if one is not needed for other assets in the UK.

It is fairly common for this to be the case with a married couple who own all of their assets jointly, for example. This can mean that your French estate can be dealt with more quickly than would otherwise be the case.

Are there any exceptions to how choice of law can be applied?

There are methods of owning French property which mean that a property will devolve outside the terms of any Will and regardless of any choice of law. These are:

a matrimonial property regime;
a corporate structure, or
some forms of joint ownership such as a ton-tine arrangement.

Most English solicitors will not have the expertise to advise on this, and yet clearly it is very important that the full picture in this respect is known before any Will can be prepared that incorporates the French property concerned.

Has inheritance tax been affected by Brussels IV?

Whilst Brussels IV allows for a choice of succession law, it has not changed the position at all with regards to inheritance tax. If you are domiciled in the UK or own UK assets, then consideration must be given to the inheritance tax implications in both countries if you also have property in France.

An English solicitor with knowledge of both French and English inheritance and tax law can be invaluable in helping you decide how best to structure your Will(s) in this respect.

For example, whilst you may now be able to choose to leave your French property to people unrelated to you such as stepchildren or an unmarried partner, these individuals will pay French inheritance tax at 60% on any share passing to them.

Potential tax and trust issues to be aware of

Some concepts that are possible under French law and which a French Notaire may suggest, such as including an “usufruit” in your Will can have negative inheritance tax consequences in the UK.

It is also important to bear in mind the potential issues that can arise when an English Will comes to be interpreted and administered in France following your death. In France there are ordinarily no Executors, instead the assets vest in the beneficiaries directly. Problems can sometimes arise if the French authorities seek to tax the assets twice on a perceived transfer of ownership to the Executors and then on to the beneficiaries.

If your English Will contains trusts then it is important to be aware of the French rules regarding tax treatment of trusts and the reporting obligations, which can be punitive. An English Will prepared without due consideration of the French position can cause complications in France when a French lawyer comes to transfer the property to the beneficiaries after your death.

Often it will be advisable to prepare a separate French Will or to draft the English Will in a particular way to avoid problems of this nature, or an unnecessary tax bill.

Finally, it is important that any steps taken or documents drafted for assets in either country dovetail together to avoid any conflict or accidental revocation. Giving proper consideration to these issues at the time you are preparing your Will can give you peace of mind and be of huge benefit to your beneficiaries through saving them time and money further down the line.