June 2025 - Tees Law

Spotting the signs of Aortic Dissection

Posted on 30 June 20252 August 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

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.

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

Sole directors and model articles – are they fit for purpose?

Posted on 13 June 202518 July 2025 by Sophie Soraf

If you are the sole director of a company using Model Articles of Association, recent case law highlights the importance of reviewing whether your company’s constitutional documents are fit for purpose. Over the past few years, courts have considered whether the standard Model Articles, often adopted without amendment, are suitable for companies with one director. This question gained particular attention following a series of High Court decisions that appeared, at times, to be in conflict.

What is the Issue?

The Model Articles are the default rules for running a company, commonly adopted by private companies on incorporation. But their interaction with companies operated by sole directors has been questioned, particularly where the articles include requirements about quorum for board meetings or director decision-making.

The Conflicting Cases

Hashmi v Lorimer-Wing [2022] EWHC 191 (Ch) (Re Fore Fitness)
In this case, the company had modified Model Articles which stated that a quorum for board meetings required more than one director. When the sole director attempted to make decisions, including bringing a claim on behalf of the company, the court found that the articles did not allow him to act alone. As a result, the sole director’s decisions were deemed invalid. The case raised significant concerns for companies with similar wording in their articles.
Re Active Wear Limited [2022] EWHC 2340 (Ch) (Re Active Wear)
Shortly after, the High Court considered a similar issue. In this instance, the company had adopted unamended Model Articles and again had a sole director. The court ruled that Article 7(2) of the Model Articles does permit a sole director to make decisions on behalf of the company. This decision directly challenged the approach in Re Fore Fitness and provided reassurance to many sole directors.
KRF Services (UK) Ltd [2024] EWHC 2978 (Ch) (KRF Services)
Most recently, the High Court revisited the issue in KRF Services, offering further clarity. The court considered whether a sole director, operating under unamended Model Articles, could validly sign a director’s resolution. The key question was whether Article 11, which requires a quorum of two directors, prevents sole director decision-making. The court reconciled Articles 7(2) and 11, ultimately confirming that where a company has only one director, Article 7(2) takes precedence, and that director can act alone. This decision aligned with the reasoning in Re Active Wear and offers renewed confidence to sole directors using the standard Model Articles.

Why this matters

These cases highlight a practical risk: even if your company uses the default Model Articles, certain provisions particularly around quorum could cast doubt on the validity of decisions made by a sole director, especially if there are amendments or inconsistencies in the articles.

What should you do?

If you are a sole director, now is the time to review your company’s Articles of Association; ensuring they are clear, consistent, and allow you to act effectively is crucial to protecting the decisions you make on behalf of the business.

At Tees, we have the expertise to review your articles and advise on whether they are suitable for sole director operation. Where needed, we can suggest and implement amendments to ensure your governance documents are robust, up-to-date, and compliant with the latest legal guidance. Get in touch with the Corporate team to safeguard your company’s decision-making.