March 2025 - Tees Law

What is the Duty of Candour policy in the UK?

Posted on 27 March 20259 May 2025 by Sarah O'Sullivan

To comply with the Duty of Candour, healthcare providers must adopt an approach of openness and transparency with their patients, particularly when something goes wrong with their care or treatment.

When errors occur, patients and their families can expect to be informed honestly about what happened, what can be done to deal with any harm caused and what will be done to prevent a recurrence to someone else.

Professional Duty of Candour

Every health and care professional must be open and honest with patients and people in their care when something that goes wrong with their treatment or care causes, or has the potential to cause, harm or distress. This is an individual duty on each health care provider.

Role of professional bodies in enforcing the duty

Regulators of specific healthcare professions oversee the professional duty of candour. These include:

The General Medical Council (GMC)
The Nursing and Midwifery Council (NCM)
The General Dental Council (GDC)

Failure to adhere to the duty of candour may result in disciplinary action being taken.

Examples of professional duty in practice

As soon as the professional realises something has gone wrong with the care of a patient, they should:

speak to the patient or family members face-to-face
provide a true account of what has happened, allowing time for any questions
say sorry – this is always the right thing to do and is not an admission of liability
take action to put things right where possible
document the incident and actions taken in writing

Statutory Duty of Candour

This duty applies to the organisations that provide healthcare services. It is a legal obligation on organisations to be open and transparent with people using their services in relation to their treatment or care.

This duty is set out under Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

Key elements of the statutory duty

The statutory duty is triggered by a “notifiable safety incident” which is an unintended or unexpected incident that occurred during the provision of care or treatment that could or appears to have resulted in the following outcomes: (in the reasonable opinion of the healthcare professional)

Death that is directly related to the incident
Severe harm
Moderate harm (harm that requires a moderate increase in treatment and significant but not permanent harm)
Prolonged psychological harm (continuous period of psychological harm for 28 days)

When something qualifies as a notifiable safety incident, a conversation must begin with the patient who was harmed, or their family, as soon as is reasonably practicable. The healthcare provider should:

Tell the patient face-to-face that a notifiable safety incident has taken place
Say sorry
Provide a true account of what happened and explain what further investigations may take place
Follow up by providing this information and the apology in writing and providing updates
Keep a written record of all communications and meetings

They should offer the patient practical support, such as providing an interpreter if needed, and emotional support such as counselling.

Consequences of failing to comply with the duty

It is an offence for a Care Quality Commission (CQC) regulated organisation to fail to comply with the duty. Failure can result in enforcement activity ranging from warning or requirement notices to criminal prosecutions.

The difference between statutory and professional Duty of Candour

The statutory duty of candour applies to organisations rather than individuals and covers all providers regulated by the CQC.

The professional duty of candour is an individual duty that applies to all registered healthcare professionals.

The statutory duty also contains specific requirements for notifiable safety incidents.

NHS Employers have responded to the consultation on the regulation of NHS managers welcoming the introduction of a new professional duty of candour on NHS leaders.

Medical negligence and congenital hip dislocation

Posted on 27 March 202516 May 2025 by Sarah O'Sullivan

Congenital hip dysplasia (CDH), also known as developmental dysplasia of the hip (DDH) is a condition some babies are born with where the hip joint fails to develop properly. If untreated, hip dysplasia can lead to long-term complications. Treatment depends on the severity of hip dysplasia, with mild cases possibly being capable of resolving independently and more severe cases requiring time in a Pavlik harness, casting or surgery. Early diagnosis and treatment are therefore crucial to the long-term outcome for your baby.

Medical negligence claims – congenital hip dislocation

Doctors should be able to diagnose congenital hip dislocation during the new-born examination or the 6-8 week post-natal check. Early diagnosis and proper treatment are important to help the baby recover, develop and enjoy as full a range of movement as possible in their hips. Babies with congenital hip dislocation may need treatment to try and resolve the problem. Failure to detect congenital hip dislocation and start treatment early can lead to long-term health problems.

Claims for congenital hip dislocation usually arise as a result of:

There was a failure to follow protocols or carry out the tests at the relevant time.
Misdiagnosis by incorrectly interpreting the results of the tests or failing to carry out further tests.
Delays in referral or treatment once congenital hip dysplasia is suspected.

You might have a claim for negligence if your child:

suffered unnecessary pain or required avoidable surgical treatment because of the delayed diagnosis
faces long-term effects of hip dislocation because of the delayed diagnosis, such as: arthritis, difficulty walking and future hip replacement surgery.

If you are concerned about the standard of care your baby received during diagnosis or treatment of their hip dysplasia, and think this might have caused a problem, talk to our medical negligence claims specialists. We’ll listen to your concerns, and help you find out what happened and why.

What is congenital hip dysplasia?

Congenital hip dysplasia (also called developmental dysplasia of the hip) is an abnormality of the hip joint. It can cause partial or total dislocation of the hip.

The NHS states that long-term effects of untreated congenital hip dislocation may include:

developing a limp
painful, stiff joints (osteoarthritis)
hip pain.

Babies with congenital hip dislocation are born with an unstable hip. This can affect their mobility and range of movement in the hip. Usually, this condition shouldn’t interfere with babies learning to crawl or walk.

Fortunately, congenital hip dislocation is quite rare and treatable. It affects about 1 or 2 out of every 1,000 babies born in the UK.

What causes congenital hip dislocation?

Doctors don’t know precisely what causes congenital hip dislocation, and the NHS advises that it’s not preventable.

However, certain risk factors are linked to an increased chance of a baby being born with congenital hip dislocation. These include:

Family History: where there is a family history of hip problems

Gender: females are more likely to have the condition than males
Breech Birth: if the baby is born in the breech position (born bottom or feet first)
Multiple Births: if you are expecting twins or multiple births
Prematurity: if your baby is born prematurely
First Baby: if it’s your first baby.

If your baby is at risk of being born with hip dislocation, your doctor/midwife may advise you of this during your antenatal care. However, as there is no way of being sure of this before the baby is born, the doctor or midwife will ensure that your baby’s hips are examined immediately following birth.

Diagnosing congenital hip dislocation

A prompt diagnosis gives the baby the best chance of recovering and enjoying a normal range of motion in their hips. Babies should be checked for signs of hip dislocation as part of their routine care.

Your baby will be checked early for signs of hip dislocation. Usually, the first check takes place in the hospital, very soon after delivery. A doctor or midwife should check your baby’s hips within 72 hours after birth. This is part of the newborn examination and shouldn’t cause your baby any discomfort. The person performing the test will gently move baby’s hips to check for early signs of hip dislocation, such as hip joint instability. Your healthcare professional should also check how the baby was delivered and ask if hip dislocation runs in your family.

This is a routine examination. It would be negligent of your care providers not to carry out the examination around the time of your baby’s birth. You should be told if there are any abnormal findings. If a problem is identified during the check, you should be advised of the following steps, and action should be taken to make a firm diagnosis and to rectify the problem.

Your baby’s hips should also be checked at the 6 – 8 week post-natal check. This is a standard check to make sure your baby is healthy. It’s another opportunity for doctors to diagnose hip dislocation, which may not have been evident at the time of your baby’s birth.

If the doctor identifies a possible problem, they may refer your baby for more tests, such as an x-ray or ultrasound scan.

The checks are in place to diagnose hip dislocation early and start treatment as soon as possible.

Signs and symptoms of congenital hip dislocation

The early checks of a baby’s hips are designed to help ensure early diagnosis of hip dislocation.

However, hip dislocation may be diagnosed later in your child’s development as they may not show obvious signs at their first check-ups. The NHS states that parents should contact their GP if they notice that their baby:

has restricted movement in one leg or both legs
has a clicking or popping sound when moving their legs
has one leg which seems longer than the other
has uneven skin folds on their buttocks/thighs
lets one leg drag behind the other when they crawl
develops a limp, walks on their toes or seems to have an abnormal gait.

Treatment for congenital hip dislocation

Pavlik Harness: A soft brace to correctly hold the baby’s hips while the joint develops.

Casting: In more severe cases, a baby may be placed in a full-body cast (spica cast) to maintain the hip in the correct position.

Surgical Treatments: In cases where non-surgical methods do not work or if the child is older, surgery may be necessary. This can involve realigning the hip joint.

Early diagnosis and intervention significantly improve the prognosis, reducing the likelihood of future mobility issues and the need for more invasive procedures.

Congenital hip dislocation terminology

Below is a helpful glossary of terms you might hear about congenital hip dislocation.

Where appropriate, these terms are explicitly explained in the context of congenital hip dislocation.

Congenital: a condition that a baby is born with.
Dysplasia: abnormal development of tissue (such as bones and muscles) or an organ. In the case of congenital hip dysplasia, it means abnormal hip joint growth.
Dislocation: an abnormal separation of a joint. Congenital hip dislocation may mean partial or total dislocation of the hip joint.
Congenital hip dysplasia/dislocation is when the ball of the baby’s femur does not properly sit within the hip socket. The extent of hip dislocations varies.
Hip Subluxation is when the hip joint is partially, but not fully, dislocated. This happens when the femur ball does not entirely fit within the hip socket.

Disclaimer
All content is provided for general information only and should not be treated as a substitute for the medical advice of your doctor, any other health care professional or for the legal advice of your 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 sites. Always consult your GP if you’re concerned about your health and your lawyer for legal advice.

Update: Addenbrookes paediatric surgeon suspended after children left with injuries

Posted on 26 March 202525 July 2025 by Sarah O'Sullivan

At Tees, we are shocked and saddened by the news that a specialist paediatric surgeon at Addenbrooke’s Hospital in Cambridge has been suspended following a review.BBC News has reported that an investigation uncovered nine medical negligence cases where children had been left with injuries affecting their quality of life following complex hip surgery procedures. These injuries have had a lasting impact, requiring further medical treatment and affecting mobility.It has now been revealed that the review will assess treatment given to 700 patients who had planned operations and another 100 who had emergency treatment. Although the surgeon specialised in children’s surgeries, they also carried out emergency orthopaedic procedures on adults.Cambridge University Hospitals Chief Executive, Roland Sinker, has confirmed that an external review will take place into the medical treatment carried out by the surgeon at the hospital. He also stated that reports have been made to the General Medical Council, NHS England, and the Care Quality Commission.Andrew Kennedy KC has been appointed by the trust to chair a panel of expert clinicians to undertake the external review.The trust has confirmed that concerns about this surgeon were raised 10 years ago in 2015, and that their clinical practice was restricted last year as a precautionary measure.While the full details of the investigation have not been made publicly available, the suspension raises serious concerns for those patients who may have been treated by this surgeon, potentially affecting their health and well-being.For many patients, undergoing surgery or treatment from a medical professional is a deeply personal experience. When that trust is broken, the consequences can be both physically and emotionally devastating.This news is both shocking and heartbreaking for the children and families who are affected. It is crucial that patients and families receive the support they need to obtain answers and where necessary access any follow up treatment and rehabilitation.About Tees We at Tees are ideally placed to assist families who may have been affected and have already been approached by some who may have been affected.With years of experience in medical negligence claims, we are well-equipped to navigate the complexities of these cases, ensuring that patients and their families receive the support and justice they deserve. We understand the profound impact that medical negligence can have, both physically and emotionally and our team is here to provide expert guidance.Alarmingly, this news comes in the wake of the recent exposure of the practices of Mr. Jabbar, an orthopaedic medical professional at Great Ormond Street Hospital. We are already supporting families affected by the shocking failures in medical care linked to Mr. Jabbar.

Employment law update: Statutory limits and wage increases from April 2025

Posted on 25 March 202525 July 2025 by Sarah O'Sullivan

The Government has published The Employment Rights (Increase of Limits) Order 2025, confirming key updates to statutory compensation limits and employment-related payments. These changes, many of which come into effect from 6 April 2025, will impact employers and employees across the UK. Here’s what you need to know:

Statutory cap on a week’s pay

From 6 April 2025, the statutory cap on a week’s pay—used to calculate redundancy pay and the basic award in unfair dismissal cases—will rise from £700.00 to £719.00.

This change increases the maximum basic award for unfair dismissal claims to £21,570.00 (calculated as 20 × £719 × 1.5).
The maximum compensatory award for unfair dismissal will also increase, moving from £115,115.00 to £118,223.00.

Statutory redundancy pay

From 6 April 2025, the maximum amount of statutory redundancy pay an employee can receive also increases due to the updated weekly cap:

Redundancy pay is calculated based on age and length of service:

Half a week’s pay for each full year of service under age 22.
One week’s pay for each full year of service between ages 22 and 40.
One and a half weeks’ pay for each full year of service aged 41 and over.

The maximum number of years that can be taken into account remains 20.

This means the maximum statutory redundancy payment will also be £21,570.00.

April 2025: Other key rate changes

National minimum wage and national living wage

Effective from 1 April 2025, the following new hourly rates apply:

Age 21 and over (National living wage): £12.21 (up from £11.44)
Ages 18–20: £10.00 (up from £8.60)
Ages 16–17: £7.55 (up from £6.40)
Apprentices: £7.55 (up from £6.40)
Accommodation Offset: £10.66 per day (up from £9.99

Statutory sick pay (SSP)

From 6 April 2025:

SSP increases from £116.75 to £118.75 per week
The minimum earnings threshold to qualify rises to £125.00 per week (up from £123.00)

Family friendly payments

Also taking effect 6 April 2025, the weekly maximum rate for the following statutory payments increases from £184.03 to £187.18, or 90% of average weekly earnings if lower:

Statutory Maternity Pay (after the first 6 weeks)
Statutory Paternity Pay
Statutory Shared Parental Pay
Statutory Adoption Pay (after the first 6 weeks)
Statutory Parental Bereavement Pay

The earnings threshold for these payments also rises to £125.00 per week.

Maternity Allowance will similarly rise to a maximum of £187.18 per week, provided eligibility criteria are met.

Pending: 2025 Vento band updates

At the time of writing, the updated Vento bands (used in discrimination claims for injury to feelings awards) have not yet been announced. These are expected by the end of March 2025 and will also take effect from 6 April 2025.

A note on inflation

The £19.00 increase to the weekly pay cap in 2025 is notably smaller than in previous years (compared to £72 in 2023 and £57 in 2024), reflecting the recent decline in inflation. Employers should still review and update internal policies and redundancy packages in line with the new limits.

Our team can help

These updates impact both employers and employees, particularly in cases involving redundancy, dismissal, or family-related leave. Our employment law specialists at Tees Law are here to guide you through these changes and ensure your workplace policies, contracts, and practices are compliant and up to date.

Whether you’re navigating a redundancy process, reviewing contracts, or managing a tribunal claim, our expert team is here to support you every step of the way.

Get in touch with our Employment Law team for tailored legal advice.

Raising awareness of childbirth trauma

Posted on 24 March 202510 July 2025 by Sarah O'Sullivan

Bringing a child into the world should be a joyful time for mothers and their families, but sadly childbirth is not always such a positive and life-affirming experience.

Birth Trauma Awareness Week (14th – 20th July 2025), an initiative from The Birth Trauma Association (BTA), highlights the issues faced by mothers who have suffered a traumatic birth.

A difficult birth can be a traumatising event for new mothers. It can effect mental and physical health, and a mother’s ability to bond with her baby. Sadly, it’s all too common for women to experience birth trauma. One woman’s account of her traumatic birth experience was recently shared over 90,000 times on social media – with many more similar stories on the web.

How we can help

Many mothers suffering from postnatal PTSD are unaware that they may be able to make a claim for negligent treatment received during childbirth. We have a strong track-record of helping women who have experienced birth trauma. We can help them get answers about what went wrong, as well as financial compensation. We’ll talk through with you what happened in your case, and offer you the advice you need.

Call our Medical Negligence experts on 0800 015 1165, for a free, confidential, no obligation chat, or fill out our online enquiry form and we’ll let you know how we can help.

What is birth trauma?

Trauma can result from a range of events experienced during childbirth and postnatal care. They include:

Poor or negligent treatment by staff
Inadequate pain relief
High levels of medical intervention
Emergency deliveries
Unplanned caesarean sections or other medical procedures
Loss of dignity and control
Stillbirth or birth of a damaged baby (a disability resulting from birth trauma).

Mothers can also experience trauma through feeling that their concerns were not listened to, acted upon, or taken seriously.

According to research from the BTA, up to 20,000 women a year have a traumatic birth experience. Many go on to suffer long-lasting impacts on both their physical and mental health. And it’s not just the mothers involved who suffer: partners can also experience post-traumatic stress disorder after witnessing a traumatic birth. Clearly, this can be a major problem for families, and one that currently doesn’t always receive the attention and resources it needs.

One of the reasons many mothers suffer in silence is that they feel they have no right to feel traumatised if they leave hospital with a healthy baby. Often, women who do come forward are misdiagnosed or find that their symptoms are not taken seriously. As a result, many mothers suffer long after the birth of their children – and they don’t receive the treatment they deserve.

Birth Trauma Awareness Week

Patient groups, including the BTA, are concerned that the NHS is failing to make improvements in maternity services, and that cases of negligence or poor treatment are too often being swept under the carpet.

A report conducted at the beginning of the year by the National Childbirth Trust found that a chronic shortage of midwives across the UK left many women feeling unsafe and frightened during childbirth, and reported a marked increase in ‘red flag’ events. A red flag problem is defined as a warning sign that something may be wrong with midwifery staffing.

Birth Trauma Awareness Week aims to highlight the issue of traumatic birth and postnatal Post Traumatic Stress Disorder (PTSD). The BTA offers support to women who are suffering from the after-effects of a traumatic birth, and actively campaigns to change those practices that contribute to postnatal PTSD.

What to do if things go wrong

Many mothers report feeling that their poor experiences don’t matter, and they should put the memories of a difficult delivery behind them. However, that is easier said than done, and PTSD is now widely recognised as a very serious and often debilitating complaint that deserves proper investigation and appropriate treatment.

Birth trauma also includes a number of physical complications during childbirth. For mothers, one of the most common issues is tearing during delivery. Tears vary in severity, and if they’re not identified quickly and dealt with effectively, they can cause long-term problems. Due to the nature of this physical trauma, mothers can experience issues in their relationship, return to work and their everyday lifestyle.

As there is currently no routine follow-up of mothers who have suffered traumatic births, if you have suffered physiological and psychological reactions following childbirth, your first step should be to make an appointment with your GP. Current NHS guidelines recommend cognitive behavioural therapy (CBT) which can offer help with psychological problems in some cases.

A Guide to a Coroner’s Inquest

Posted on 24 March 202514 May 2025 by Sarah O'Sullivan

If you or your family are facing a coroner’s inquest, you don’t have to navigate the process alone. At Tees, we understand how important it is for families to have a thorough investigation into their loved one’s death. Our experienced team is here to offer compassionate guidance, support, and legal representation.

What is a coroner’s inquest?

A coroner’s inquest is a formal investigation into a death. It is held in specific circumstances, including when:

The cause of death is unknown.
The death was violent or unnatural.
The deceased was in custody, state detention, or detained under the Mental Health Act.
the death occurred as a result of a medical procedure/treatment.

Inquests are not designed to assign blame or responsibility but rather to determine the identity of the deceased, as well as when, where, and how they died.

What is an Article 2 inquest?

An Article 2 inquest is a more in-depth investigation held when the state may have failed to protect someone’s life. These inquests often involve deaths in custody, psychiatric hospitals, or other situations where the state played a role.

Prevention of future death reports

Following an inquest, a coroner can issue a Prevention of Future Death Report (PFD) if they identify risks that could lead to further deaths. These reports are sent to relevant organisations or individuals, recommending changes to prevent similar incidents.

Understanding the role of a coroner

A coroner is an independent judicial officer with legal qualifications and significant experience. Their role is to investigate sudden, unexplained, or unnatural deaths. Coroners can request post-mortems, gather evidence, and conduct inquests to establish the facts of a death.

Post-mortems: What to expect

A post-mortem, also known as an autopsy, is conducted by a pathologist to determine the cause of death. While the coroner decides if a post-mortem is necessary, they must consider the family’s views and any cultural or religious beliefs. Families can request a copy of the post-mortem report, though it may only be released after the inquest.

When will the inquest take place?

Inquests are typically held within 6-9 months of a death. During this period, the coroner will:

Gather evidence, including medical records and witness statements.
Contact the family to explain the process.
Potentially hold a pre-inquest review to organise evidence and identify issues.
Issue an interim death certificate to allow families to manage practical matters.

What happens during the inquest?

The inquest is a public hearing where evidence is presented to establish the facts of the death. Key participants include:

Witnesses, including doctors, police officers, or medical experts.
Family members, who may provide personal testimony.
Legal representatives, especially in cases involving state bodies.

The coroner may also call for independent expert opinions to ensure a complete understanding of the circumstances.

Conclusion of the inquest

At the end of an inquest, the coroner or jury will deliver a conclusion that falls under one of several categories, including:

Natural causes
Suicide
Accident or misadventure
Unlawful or lawful killing
Industrial disease
Stillbirth

In some cases, a narrative conclusion is given, providing a detailed account of the circumstances surrounding the death.

Legal representation at an inquest

Having legal representation can be invaluable, particularly if there are concerns about the care a loved one received. Our experienced solicitors can help ensure that the right questions are asked, and all relevant evidence is considered.

State bodies are often represented by legal professionals, so having your own solicitor can help provide a balanced and thorough investigation.

Contact us for support

If you are facing a coroner’s inquest and would like to discuss your options, our dedicated team at Tees is here to help. Contact us for a no-obligation conversation about how we can support you through this challenging time.

Can a Lasting Power of Attorney be abused?

Posted on 24 March 20258 July 2025 by Sophie Soraf

Frances Macdonald, Senior Associate at Tees, outlines key steps you can take—supported by your solicitor—to reduce the risk of abuse when setting up a Lasting Power of Attorney (LPA).

Is a Lasting Power of Attorney safe?

Retired senior judge of the Court of Protection, Denzil Lush, caused concern during a BBC Today programme interview when he suggested that creating a Lasting Power of Attorney (LPA) could leave individuals vulnerable to exploitation. His comments were based on cases where attorneys had misused their powers, sometimes leading to significant financial loss for the donor—including loss of savings or even their home.

Despite these high-profile concerns, LPAs remain a crucial legal tool, especially as we plan for the future. With over 2.5 million LPAs registered in the UK and 600,000 new applications made in 2016 alone, instances of abuse remain relatively rare—fewer than 1% of registered LPAs involve reported abuse.

What is a Lasting Power of Attorney?

An LPA is a legal document that allows you to appoint one or more trusted individuals—known as attorneys—to manage your financial affairs or make decisions about your health and welfare, if you lose the ability to do so yourself (known as losing mental capacity).

Many people create LPAs well before they anticipate needing them, often while still in good health. This is important because you must have full mental capacity when you create the document. If you lose capacity without an LPA in place, your family must apply to the Court of Protection for a Deputyship—an expensive, time-consuming process with ongoing annual fees.

Why create an LPA?

Without an LPA, your loved ones won’t automatically have the legal authority to manage your affairs. Having an LPA in place can:

Reduce stress and cost for your family
Ensure your preferences are followed
Avoid lengthy court applications

How to prevent abuse of a Lasting Power of Attorney

LPAs are powerful documents. That’s why it’s essential to set them up with professional legal guidance to include appropriate safeguards and reduce the risk of misuse.

Frances Macdonald, Senior Associate at Tees, explains:

“We strongly recommend that you never sign any documents—especially those prepared by friends or relatives—without fully understanding them. It’s best to seek legal advice before proceeding, even if the request comes from someone you trust.”

Tees regularly advises clients on incorporating safety features into their LPAs, including:

Requiring attorneys to maintain financial records
Instructing attorneys to seek professional advice on significant decisions
Including conditions or restrictions in the LPA document

Choosing the right Attorney

Selecting the right attorney is perhaps the most important decision you’ll make when creating your LPA. Consider:

Trustworthiness – Do you trust this person to act in your best interests?
Capability – Are they organised and financially responsible?
Willingness – Are they happy and prepared to take on this role?
Closeness – Do they understand your personal values and wishes?

Tees can guide you through this process to ensure your chosen attorney is the right fit for you.

Keep your LPA under review

An LPA is not a “set and forget” document. Frances Macdonald recommends reviewing your LPA every five years—or sooner if your circumstances or relationships change significantly.

“We encourage clients to review their LPAs regularly. This ensures the document still reflects their wishes, especially as family dynamics, health, or financial circumstances evolve.”

Regular reviews can help avoid issues down the line and provide continued peace of mind.

Additional safeguards you can add

You can include further protections in your LPA, such as:

Appointing up to four attorneys and specifying whether they act jointly or independently
Assigning attorneys responsibility for different areas (e.g. one for finances, another for healthcare)
Requiring annual reviews of your attorney’s accounts
Storing your original LPA with a solicitor who will only release certified copies upon evidence of lost capacity

At Tees, we offer a secure document storage service and can act as an impartial gatekeeper, helping to prevent premature or unauthorised use of your LPA.

Can you cancel or change an LPA?

Yes. If you still have mental capacity, you can cancel your LPA at any time by signing a Deed of Revocation. If there are concerns about an attorney’s conduct, the Office of the Public Guardian (OPG) can investigate and take appropriate action—including referring the matter to the police or applying to the Court of Protection to revoke the LPA.

Get expert advice on LPAs

Setting up an LPA with the right guidance ensures your best interests are protected and reduces the risk of future disputes or abuse. If you have any questions about making or using a Lasting Power of Attorney, please contact our experienced team at Tees.

Cerebral palsy: Medical negligence claims

Posted on 22 March 202523 July 2025 by Sarah O'Sullivan

Cerebral palsy is a neurological condition caused by brain damage, often resulting from complications before, during, or shortly after birth. It can affect movement, coordination, and overall development. While there is no cure, appropriate treatment and support can significantly improve a child’s quality of life.

Is there a cure for cerebral palsy?

There is no cure for cerebral palsy. However, individualised care plans, including therapies, medications, and assistive devices, can help manage symptoms and enhance mobility and motor function. Although cerebral palsy is not progressive, its symptoms may evolve over time.

In severe cases, cerebral palsy can be life-threatening and may reduce life expectancy, particularly when complications arise. People with severe symptoms often require round-the-clock care.

Types and symptoms of cerebral palsy

The NHS identifies four main types of cerebral palsy, each with distinct symptoms:

Spastic cerebral palsy: Stiff muscles and restricted mobility.
Dyskinetic cerebral palsy: Involuntary, uncontrolled movements.
Ataxic cerebral palsy: Poor balance, coordination issues, and tremors.
Mixed cerebral palsy: A combination of the above types.

Common symptoms include mobility issues, muscle stiffness, coordination difficulties, epilepsy, cognitive impairments, and speech difficulties. The severity varies significantly from person to person.

Causes of cerebral palsy

Cerebral palsy results from brain damage, which can occur:

During pregnancy: Due to infections, genetic abnormalities, or oxygen deprivation.
During labour and delivery: From oxygen deprivation (hypoxia or anoxia), birth trauma, or medical negligence.
Shortly after birth: Caused by brain infections, head injuries, or neonatal strokes.

While some cases are unavoidable, medical negligence can sometimes lead to cerebral palsy. Failing to monitor and respond to signs of distress during labour, misuse of delivery instruments, or delayed emergency procedures can contribute to preventable brain injuries.

Risk factors for cerebral palsy

Certain factors increase the risk of cerebral palsy, including:

Premature birth (before 37 weeks)
Low birth weight
Multiple births (twins, triplets, etc.)
Maternal infections or medical conditions
Blood type incompatibility
Placental issues

Healthcare providers should identify and manage these risks to minimise the chances of brain injury.

Diagnosing cerebral palsy

Doctors often diagnose cerebral palsy within the first two years of a child’s life, although mild cases may take longer to identify. Key developmental milestones, like head control, rolling over, crawling, and grasping objects, are closely monitored. If delays occur, further assessments, including brain imaging, may be recommended.

Making a medical negligence claim for cerebral palsy

If you believe your child’s cerebral palsy resulted from negligent medical care, you may be eligible for compensation. Our experienced birth injury solicitors can review medical records, consult independent experts, and determine whether negligence occurred.

Time limits for claims:

Claims can be made on behalf of a child until they turn 18.
After turning 18, individuals have three years to file a claim.
For those with severe cognitive impairments, these time limits may not apply.

We understand the emotional and financial impact cerebral palsy can have on families. Our compassionate team is here to guide you through the claims process and seek the compensation you deserve to support your child’s needs.

Contact us today for a free consultation and to discuss your potential cerebral palsy negligence claim.

Pet-nuptial agreements – plan ahead to save heartache

Posted on 18 March 202510 July 2025 by Sarah O'Sullivan

Only one in 14 couples with pets in the UK currently have a pet-nuptial agreement in place and one charity, the Blue Cross, takes in around 4 pets every week because of divorce or separation. Planning ahead about how to take care of pets, in the event of a split, can help save some heartache.

Pets play a central role in families and many people have a significant emotional attachment to them. It is no surprise that 51% of UK adults own a pet of any type, with there being an estimated 10.6 million pet dogs and 10.8 million pet cats across the UK. Pets are becoming increasingly relevant in discussions with lawyers and mediators in divorce and separation negotiations, alongside considerations about children and finances. Animals and our relationship with them are by their very nature, emotional, and without an agreement in place, conflict over pets can add a distressing element to what may be an already volatile situation. A pet-nuptial agreement can help avoid a dispute at what might be an emotional time.

Pets as assets

It can often come as a shock to separating couples to find out that in the UK, the law regarding pets during a break-up or divorce, is the same as the law for personal property, such as a television or a car. In contrast to when the court decide arrangements for children, the family courts have no requirement to consider the welfare of the pet.

A court, if asked to decide on who should get the pet, would typically focus on:

who paid for the pet in the first place
who has funded its care (food, vet bills etc)
which of the parties are financially stable enough on their own to support a pet
if there are outstanding and particularly expensive veterinary costs, these can be included in the financial settlement
which partner has the most suitable home for the pet.

However, in December 2024, there was a welcome shift in judicial decision making with regards to pet ownership on separation with the case of FI v DO [2024] EWFC 384 (B) which involved dispute as to who would retain the family’s pet dog, a Golden Retriever, amongst other assets. The Judge in this matter went beyond financial considerations which had historically framed decisions surrounding pet ownership to date and included factors such as the living arrangements for the dog post-separation, who the dog would consider its primary caregiver and the best environment for the dog’s well-being.

Whilst this decision does not go as far as to rebut the position that a pet is a chattel, it does provide scope for the court to consider the pet’s needs and how any change in its ownership may affect not only the people around it, but the pet itself.

What is a pet-nuptial agreement?

While a traditional pre-nuptial agreement may solely focus on division of real assets and property, a pet-nuptial agreement (or a pet-nuptial clause in your pre-nuptial agreement) will focus specifically on the care and living arrangements for your pet.

A pet-nuptial agreement is a pre-arranged plan that puts your pet’s needs at the heart of the matter. It allows you to both agree beforehand where your pet will live, if you and your partner break up.

It’s important when creating your pet-nuptial agreement that your pet’s wellbeing is the main focus of the agreement. Of course, you and your partner can resolve any disputes regarding your pet without talking to lawyers, if you can both come to an arrangement that you can agree on. However, a pet-nuptial agreement takes away the uncertainty of a potential future conflict. As well as being very important for your own peace of mind with regard to your pet’s future, it’s also important for your pet. Pets that are handed into charities, such as the Blue Cross, often suffer from emotional trauma.

The advantages of a pet nuptial agreement include:

Clarity and prevention of dispute: having pre-agreed arrangements for your pet can help avoid future conflict by clearly outlining how your pet will be treated
Emotional protection: our pets are often seen as family members and having an agreement in place can reduce the emotional burden (on both the separating couple and the pet) of making these decisions in the heat of the moment
Financial planning: similarly to a pre-nuptial agreement, a pet-nuptial agreement can provide peace of mind in terms of what costs, such as veterinary bills, insurance and other expenses, are to be met when separating

Is a pet-nuptial agreement legally binding?

Whilst not currently legally binding in the UK, following a landmark decision in the Supreme Court, courts are likely to uphold a pre-nuptial agreement that meets certain criteria. Speak to one of our specialist legal advisers for more information on this.

What will you be agreeing to?

By taking custody of your pet within the pet-nuptial agreement, you are agreeing to follow the laws and welfare needs set out in the 2006 Animal Welfare Act these include:

the need for a suitable living environment
the need for a suitable diet
the need to be able to exhibit normal behaviour patterns
the need to be housed with, or apart, from other animals as needed
the need to be protected from pain, suffering, injury and, disease.

Being a pet owner is a big responsibility, and it is important that, within a pet-nuptial agreement, consideration is given to who will be best placed to meet the needs of the pet considering the above.

Pets with financial value

Some pets do have a financial value as well as an emotional value. There are many breeds of pedigree animals which cost a lot of money to buy. Also, some pedigree animals are involved in breeding which means they have a financial value in terms of their future litters. You may even have a pet that generates money from advertisements or social media – or is even starring in the movies! While it’s unlikely your cat is a YouTube star with its own following, if there is any financial value associated with your pet, it’s even more vital that you consider putting a pet-nuptial agreement in place.

Whilst the Pet Abduction Act 2024 that recently came into force has recognised dogs and cats as sentient beings capable of experiencing distress and other emotional trauma, it is important to note that this legislation does not make it an offence if the pet has lived in the same household as a couple before they separated. Therefore, it would not be possible for your ex-partner to “steal” your pet (if they had lived with them) and for you to seek recourse under this legislation, making a pet-nuptial agreement even more important.

How does divorce affect your pet?

Separation can be an emotional and confusing time for your pets, as well as for the owners, for many reasons. The uncertainty that follows a divorce or separation can upset your pet’s routine. You may move the pet’s home and if so, it’s important you give your pet time to adjust to its new surroundings.

Should a pet be shared?

Animal charities such as the Blue Cross or The Kennel Club advise that sharing a pet is not a good idea, as it can be upsetting and negatively affect their well-being. The same goes for when splitting up animals who were together before separation, as this means they lose their companion. It’s suggested that the best route is for one primary caregiver to look after all the pets who are close to each other.

Consideration should be given to whether the separating partner who will not retain ownership of the pet should be allowed to spend time with them on certain occasions. This might be considered easier for certain types of pets, such as dogs, more so than others.

Separating couples who are experiencing difficulty communicating may want to consider the use of a “parenting app” to discuss arrangements for how their pet spends time. There are several free and fee-paying apps available and, whilst typically used to facilitate discussions regarding arrangements for children, can rightly be used for pets. Such apps allow shared calendars to track who is responsible for the pet at any time, as well as the ability to share updates when the pet is not in the other partners care.

How to make a pet-nuptial agreement

If you and your partner are looking to create a pet-nuptial agreement, contact us and we will create a bespoke agreement for you both. In preparation for making your pet-nup agreement, you and your partner should:

have already discussed the topic of pet ownership upon potential separation
have an idea of who is going to be the primary carer
know how the costs of looking after the pet will be shared
have thought about the amount of time the partner who is not keeping the pet, gets to spend with the pet, should they want to.

Once agreed, we will create your bespoke arrangement and send both parties a copy for you to keep safe – and hopefully never need to use. Pets are more than just personal property and having an agreement in place helps ensure they are treated that way on separation.

Employment settlement agreements: Key considerations

Posted on 18 March 20259 July 2025 by Sarah O'Sullivan

Employment settlement agreements are legally binding contracts between an employer and an employee that include the terms of an agreed departure or resolution of a dispute. These agreements, previously known as compromise agreements, allow employees to waive certain employment rights in exchange for compensation or other benefits. Understanding your rights and obligations before signing one is crucial.

Key features of settlement agreement

Voluntary Participation: Both the employer and employee must enter into the agreement willingly and the employee should not be coerced or placed under undue pressure
Independent Legal Advice: Employees must seek independent legal advice to ensure they understand the terms
Written Agreement: To be legally enforceable, the agreement must be in writing
Settlement of Specific Claims: The document must clearly state which claims are being settled to prevent future disputes

How long do you have to consider a settlement offer?

A common concern for employers and employees is how long to offer for time to consider an offer before making a decision. The guidance from ACAS (the Advisory, Conciliation and Arbitration Service) suggests a 10-day period to review a written settlement agreement.

However, recent case law has provided clarification on verbal offers and deadlines.

In Gallagher v McKinnon’s Auto and Tyres Ltd [2024] EAT 174, the Employment Appeal Tribunal (EAT) ruled that an employer giving an employee a 48-hour deadline to accept a verbal settlement offer did not amount to undue pressure or improper behaviour. The Tribunal clarified that the ACAS-recommended 10-day timeline applies to written offers, not verbal ones. While employees should be given reasonable time to consider offers, a shorter deadline for verbal agreements is not automatically considered coercive or unfair.

Why employers and employees use settlement agreements

Employers may offer a settlement agreement to:

Avoid lengthy and costly tribunal claims
Protect business interests by including confidentiality clauses
Ensure a clean break with no further claims

Employees may benefit from a settlement agreement by:

Receiving financial compensation beyond statutory redundancy pay
Avoiding the uncertainty of a tribunal claim
Negotiating better exit terms (e.g., a reference letter or extended notice period)

Seek expert legal advice before signing

While settlement agreements can be beneficial to both parties, they must be compliant with, amongst other things, section 203 of the Employment Rights Act to validly settle statutory claims (such as unfair dismissal and unlawful discrimination) it’s essential for employers to prepare these in a way that complies with applicable legal obligations and for employees to be able to fully understand what rights are being waived. Seeking independent legal advice ensures that the agreement is fair and that you are not accepting an offer under undue pressure.

If you are dealing with exit terms and a settlement agreement, Tees Law is here to help. Our experienced employment law specialists can prepare, review and advise on such agreements and the best course of action.

Bowel cancer and medical negligence: Understanding your legal rights

Posted on 18 March 202514 May 2025 by Sarah O'Sullivan

What is Bowel Cancer?

Cancer that affects the large bowel is typically called bowel cancer. You may also hear it being called colorectal cancer, colon cancer or rectum cancer, depending on where it is found.

Most bowel cancers develop from polyps which are non-cancerous growths that might develop into cancer. Cancer cells may stay in the bowel or they might spread to other parts of the body, such as the liver or lungs.

Symptoms of Bowel Cancer

Symptoms of bowel cancer can often be mistaken for symptoms of other conditions.

Common symptoms include:

Bleeding from your bottom
Blood in your stool
A change in your pooing habits including going more or less often, or having diarrhoea or constipation
Unexplained weight loss
Tiredness/fatigue
A pain or a lump in your stomach

Causes and risk factors

Risk factors can include age, with nine out of ten of new cases (94%) diagnosed in people over the age of 50. However, more than 2,600 new cases are diagnosed in people under the age of 50 every year.

Other risk facts include obesity, eating processed meat, alcohol, smoking and eating too little fibre.

Diagnosis of bowel cancer

Bowel cancer is the fourth most common cancer in the UK. Almost 44,000 people are diagnosed with bowel cancer every year in the UK.

1 in 17 men and 1 in 20 women will be diagnosed with bowel cancer during their lifetime.

According to Bowel Cancer UK 54% of bowel cancer cases in the UK are preventable.

Importance of timely detection

More than 9 in 10 people will survive bowel cancer if diagnosed at the earliest stage (stage 1) whereas around 1 in 10 people will survive bowel cancer if diagnosed at the latest stage (stage 4).

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

There is a bowel cancer screening programme in the UK for people without symptoms. If you do have symptoms, go to see your GP. They may give you an at-home test, known as symptomatic FIT.

Challenges in early diagnosis

Bowel cancer is often misdiagnosed as a less serious illness or recognised at a point where it cannot be cured.

Screening is one of the best ways to detect bowel cancer at an early stage before symptoms appear. Yet the recommended screening programmes are not offered due to lack of staff within endoscopy and pathology services that diagnose bowel cancer. People are also waiting too long for crucial bowel cancer tests as there is a lack of capacity to meet demand.

Diagnostic procedures and tests

If your GP suspects your symptoms may be bowel cancer they may undertake the following tests:

A test that looks for tiny traces of blood in a sample of poo (FIT)
An examination of your back passage (rectum) and back passage opening (anus)
An examination of your stomach (abdomen)
Blood tests

Depending on the results of your examination your GP might refer you to a specialist for further tests.

The main test for bowel cancer is a colonoscopy. This is a where a thin, flexible tube with a camera is used to look inside your bowel. During the colonoscopy, a small sample of the lining of your bowel may be taken for testing – called a biopsy.

Tests may also include scans to look at your bowel. These might be a CT colonography or a CT scan of your stomach and pelvis.

If you have a biopsy that shows you have bowel cancer, you may have to have more tests to work out where and how big the cancer is, including:

Tests on your bowel cancer cells
CT scans
PET-CT scans
MRS scan of your pelvis or liver
Ultrasound scan of your stomach or rectum

Medical negligence in bowel cancer cases

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

Delayed diagnosis

This could occur if:

There is a failure to refer urgent cases quickly enough
Symptoms consistent with bowel cancer are ignored
The correct tests are not requested when symptoms indicate possible bowel 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.

Bowel cancer misdiagnosis leading to the wrong treatment

This could occur if a patient is incorrectly diagnosed with another condition (e.g. Irritable Bowel Syndrome, haemorrhoids or piles) and is given the wrong treatment, such as a course of antibiotics rather than cancer treatment.

Avoidable complications during treatment or care, such as:

Delays in beginning chemotherapy
Failure to adequately discuss the risks associated with a particular chemotherapy drug, leading to complications

Eligibility for making a claim for bowel cancer misdiagnosis

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

Medial negligence claims have strict time limits. If your case relates to a delayed bowel cancer diagnosis or bowel cancer misdiagnosis, this is 3 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 years from the date of the error.

Steps involved in the claims process

Medical negligence claims are technical and complex – this 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 care 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. This 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.

Death of a sole director and shareholder: Key risks and solutions

Posted on 17 March 20259 July 2025 by Tees Law

Private companies with a sole director shareholder (sole owner) should be aware of the risks associated with being the sole owner, particularly in the event of death. The administrative burden when a sole owner dies can be very complex and time consuming and is best avoided.

This article sets out the potential problems that can arise on the death of a sole owner, and action that a company can take to avoid such problems occurring and minimise disruption to the company.

Problem 1: Inability to appoint additional Director/s

Potential Solution: Update Articles of Association

Directors manage the company’s day-to-day affairs, such as paying employees, suppliers and other creditors and approving transactions. It is therefore important to ensure that upon the death of the sole director, a new director is appointed as soon as possible to aid business continuity. Usually, a new director is appointed by board resolution or members’ resolution. However, at Tees, we often find that a company’s articles of association do not outline how the company can appoint a new director in this scenario. This is particularly evident for companies with old-style Table A articles or bespoke articles. This means that the company may suffer as there is no one to coordinate the day-to-day management of the company.

For companies that have adopted the model articles for private limited companies, these assist by way of model article 17(2) which states that, ‘…the personal representatives of the last shareholder to have died have the right, by notice in writing, to appoint a person to be a director.’ This wording enables a new director to be appointed reasonably efficiently. It is, therefore, important that a company’s articles of association set out how new directors can be appointed, and Tees’ Corporate and Commercial team can assist with the review and amendment of a company’s articles of association to allow for this.

Problem 2: Shareholder does not have a valid Will

Potential Solution: Review existing Will or draw up new Will

If a sole owner dies, they remain the legal owner of the shares in the company. It is important that shareholders have a valid Will in place which appoints executors and sets out what they want to happen to their shares upon their death. The executors become the deceased’s personal representatives when the grant of probate is issued, and the legal title to the shares will vest in them via the process of transmission. However, importantly, even if the personal representatives agree to be recorded in the register of members, if there is no director to accept transmission of the shares to the personal representatives, they cannot be added to the register of members. This then prevents the personal representatives from voting to appoint the new director. This is another reason why it is important that the articles of association assist in these circumstances.

In contrast, where the sole owner had no valid Will, and therefore no executors, there will be no one to organise the deceased’s estate without a grant of representation, which can be very time consuming to obtain. It can take at least 12 weeks from submitting the application to obtain the letters of administration and in our experience, in can take a lot longer than an application for probate, as the probate office tend to take longer to process applications related to intestacy.

Therefore, in addition to having appropriate articles of association, it is beneficial for a sole owner to have a valid Will in place to determine what happens to their shares following their death. The Tees Private Client team can assist with drawing up an appropriately-detailed Will which ties in with the provisions of the company’s articles of association – see further information here: Making a Will and Trusts | Expert Legal Advice – Tees Law.

Problem 3: The sole owner has died without a valid Will or appropriate provisions in the articles of association

Problem 4: The sole owner has died with a valid Will, but the time taken to obtain the grant of probate is causing detriment to the company

Potential Solution: Apply to court for rectification of the register of members

If a new director cannot be appointed following the death of a sole owner, the administrators can apply to the court under section 125 of the Companies Act 2006 for rectification of the register of members. However, this is not ideal, as court applications can be costly and time-consuming, and there is no guarantee that the court will order in favour of the rectification applied for.

There are some case examples where the deceased sole owner had a valid Will, but the delay in obtaining the grant of probate caused detriment to the company. In these cases, an application to the court under section 125 was made and the court allowed the executors to be added to the register of members (as legal owner of shares in the company) even without the grant of probate, as the risks to the company in having no director caused greater urgency in allowing the transmission of the shares. However, this is not a guaranteed outcome.

In any event, applications to the court should be a last resort and can usually be avoided by actioning solutions 1 and 2 above.

Practical Points

Company sole owners should ensure good business continuity in the event of death or absence (perhaps through illness) by:

Providing access to banking/payroll to a trusted member of the company;
Providing access to any necessary logins/passwords;
Ensuring the statutory registers of the company are accessible;
Ensuring that a trusted member of the company has knowledge of or access to all contracts with suppliers and customers;
Ensuring that all other aspects of the business, such as policies, processes, contacts, etc, are accessible to others;
Having an up to date Will; and
Ensuring the company’s articles allow the personal representatives to appoint a director.

Get in Contact

The Tees Corporate and Commercial team is experienced in assisting with business continuity measures, including drafting articles of association, advising on business structure and governance, and liaising closely with our Private Client team to ensure business succession planning via shareholders’ Wills.