Sarah O'Sullivan, Author at Tees Law

Bowel cancer and medical negligence: Understanding your legal rights

Posted on 18 March 20251 April 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.

Charities – setting up a “Company Limited by Guarantee” explained

Posted on 17 March 20257 April 2025 by Sarah O'Sullivan

When setting up or restructuring as a charity or not for profit organisation (NFP) you will need to consider which legal structure is right for you. There are a number of different legal structures for charities and the main ones are listed below:

Charitable company
Charitable incorporated organisation (CIO)
Charitable trust
Unincorporated charitable association

The most commonly adopted legal structure for charities and NFP’s is the charitable company structure, formally referred to as a private company limited by guarantee, adopted by the likes of Macmillan, Cancer Research UK and the British Heat Foundation. Essentially, a charitable company acts as the legal wrapper around a charity and this articles provides key insight and guides you through the steps to take in order to set up a company limited by guarantee. Whilst this is a relatively straightforward process there are pitfalls to be aware of, where you may need legal advice.

Firstly, what is a private limited company?

A private limited company is a legal entity, owned by its ‘members’ whose liability is limited to the money they initially invest in the business.

What are the key features of a company “limited by guarantee”?

A company limited by guarantee does not have shareholders or a share capital, instead ownership and control rests with its members who are guarantors up to a ‘guaranteed amount’. As there are no shareholders there is also no need to transfer shares every time a membership is transferred. This type of structure is facilitative of not for profit status because typically profits are not distributed to its members, instead profits are reinvested back into the business for its charitable purpose.

The ‘guaranteed amount’ is the agreed amount of money the guarantors (or subscribers) promise to pay the company if it is unable to pay its debts. The guarantors must pay the company the full amount of their guarantee and this payment covers the guarantors for situations such as the company being closed down. The guaranteed amount is not linked to how much the company is worth – you choose how much they pay!

What are the key benefits?

The key benefits of adopting a company limited by guarantee structure are as follows:

The company can enter into contracts, employ staff and own assets (amongst other things) in its own name.
The members can set low limits on their personal liability.
The company is responsible for its own finances: This means members are not responsible for company debts.
The company has to act in line with its own internal rules which are set out in its ‘articles of association’.

How to set up a company limited by guarantee?

You can apply to set up a company limited by guarantee:

(a) Online at Companies House;

(b) Online through an Incorporation Agency; or

Apply online through Companies House

It usually takes between 24 – 48 hours for your application to be processed. The application fee is £50.

Using this method:

Your company can only use the model articles which may not be appropriate for your needs.
Your company may have a maximum of 5 officers (directors and secretaries). You can appoint more in the future, if required.
You cannot apply online if:

o A parent company will control the new company.

o The new company will be taking over another charity.

o Any of the subscribing members will be a ‘corporate body’ (i.e. another limited company or a limited liability partnership).

If you have used this method of incorporation we can help you make any changes required to the model articles to meet the needs of the charity including its aims and its objectives.

Apply online through an Incorporation Agency

You can apply to set up a company limited by guarantee online via an Incorporation Agency. The fee depends on the agency and most will offer a same day service.

Applying this way offers more flexibility when setting up because:

You can choose bespoke articles which have been tailored to your specific requirements, to include the aims and objectives of the charity.
You can appoint any number of officers (directors and secretaries).
Both individuals and corporate bodies may be subscribing members.

Apply by post to Companies House

You can submit an application by post – the fee is £71 and can take up to 14 days depending on timescales. This method offers full flexibility to incorporate a charitable company in the manner you require but most people require a more prompt incorporation.

Steps to take when setting up a company limited by guarantee

Steps to take when setting up your company include:

Make sure setting up a company limited by guarantee is right for you, and ensure the articles of association are appropriate for the type of company, its aims and its objectives.
Choose a suitable company name, taking care if similar and existing charities have similar names and avoid names consisting of sensitive or restricted words.
Decide on a registered office address for the company but bear in mind this information will be available to the public.
Decide on the Standard Industrial Classification (SIC) code that applies.
Individual directors and company secretaries must be over 16 years and lawfully able to be appointed, this means you cannot appoint an undischarged bankrupt or someone who has been otherwise disqualified and they must willingly consent to be appointed as your company director.

What happens after a company limited by guarantee is set up?

Once the company is incorporated, the company name, address and company registration number should be clearly displayed on all official company paperwork, (including your website if you have one).
You must display a sign showing your company name at your registered company address and wherever your charitable company operates but if you are running it from home you do not need to display a sign.
Companies House will send an authentication code to the registered office after incorporation which will allow you to register for online filing.

Important things to note

A charitable company only obtains ‘charitable status’ once it is registered with the Charity Commission.
A charitable company is dual registered at Companies House and the Charity Commission, and therefore you must comply with dual filing requirements.
Each year the company must file annual accounts and a confirmation statement at Companies House, failure to comply with these filings can result in a fine or the company being struck off the register.
The responsibilities and duties of a director are important and failure to comply with statutory duties can result in a fine and/or imprisonment. You can find more information online at gov.uk.

Legal advice for setting up a company

If you are considering setting up a charitable company, a corporate lawyer can help you through the process. A solicitor can provide advice on the company’s legal structure, prepare bespoke articles of association, and ensure your application is submitted properly. If you need other legal support in setting up your company, please do not hesitate to contact our Corporate and Commercial Team.

What to do if you’ve been appointed as a Trustee

Posted on 14 March 202524 April 2025 by Sarah O'Sullivan

Have you been named as a trustee? It’s completely normal to have questions about what the role involves. Our experienced trusts solicitors have answered some of the most common questions to help you understand your responsibilities and protect yourself in the role.

Do I have to accept the Role of Trustee?

No. You cannot be forced to accept the position of trustee. If you do not wish to act, you can simply decline the appointment.

Can I step down as a Trustee later?

Yes. You can resign from the role at any time. However, in the case of an ongoing trust, you may be expected to help with the appointment of a replacement trustee.

Are Trustees paid?

Generally, no. Lay (non-professional) trustees are not usually paid for their time. However, professional trustees—such as solicitors or accountants—may be entitled to remuneration, either under the trust deed or under general legal principles.

Can Trustees claim expenses?

Yes. Trustees can recover reasonable expenses that are properly incurred in the course of carrying out their duties. These expenses are paid out of the trust fund.

Am I personally liable as a Trustee?

Potentially, yes. Trustees can be held personally liable for a “breach of trust”. However, trustees are generally entitled to be indemnified from the trust fund—provided the trust has sufficient assets and the trustee acted properly.

To protect yourself:

Always act in the best interests of the beneficiaries;
Take reasonable steps to safeguard trust assets;
Seek professional advice when necessary.

It’s important to act fairly and impartially, even when this may be difficult. Your relationship with the settlor and your understanding of the beneficiaries are likely reasons you were chosen for this responsibility.

Am I liable for other Trustees’ mistakes?

Not directly. Trustees are not usually liable for the actions of their co-trustees. However, if you fail to prevent a co-trustee from breaching the trust—or turn a blind eye—you could still be held responsible.

Courts can sometimes excuse trustees from liability if they acted honestly, reasonably, and in good faith.

Am I liable for financial losses to the Trust?

Not usually. Most modern trust deeds include a clause stating that trustees are not liable for losses to the trust fund unless those losses result from their own negligence or fraud.

Need advice about being a Trustee?

If you’ve recently been appointed as a trustee and want to understand your duties—or you’re concerned about your responsibilities—our specialist trust solicitors are here to help. Contact us today for clear, practical legal advice tailored to your situation.

Exchange and completion: Essential guide for home buyers and sellers

Posted on 7 March 202525 March 2025 by Sarah O'Sullivan

Buying or selling a house can be an exciting process but we understand there is a great deal of terminology involved which can be difficult to get to grips with.

Two such terms are ‘exchange of contracts’ and ‘completion’. Here is an explanation of precisely what these terms mean and answers to some commonly asked questions:

When buying a house, do you exchange or complete first?

Completion, as the name suggests, is the final stage of the conveyancing process. It is the day on which the purchase price is paid to the seller, and the buyer can collect the keys to their new property.

The exchange of contracts happens before completion.

What does ‘exchange of contracts’ mean?

The exchange of contracts is the point at which the sale or purchase becomes legally binding between the parties. It commits the buyer to purchase the property and the seller to sell it for the agreed price on the agreed completion date.

Can a buyer pull out between exchange and completion?

After an exchange of contracts, if a buyer pulls out of the purchase and fails to complete on the agreed completion day, the buyer will be in breach of contract. The contract will contain provisions for the buyer to forfeit, i.e., lose, their deposit to the seller, and other provisions for compensation for losses.

Before the exchange of contracts, either party may withdraw from the transaction without any legal consequences because no contract has been made between the buyer and the seller. There are a number of reasons why a party might withdraw. The conveyancing process in England and Wales allows buyers the opportunity to make a full investigation of the property before making a legal commitment to buy it.

Do I need to be present during the exchange of contracts?

The exchange of contracts is an entirely remote process. Your solicitor will have asked you to sign and return a copy of the contract in advance. This signed copy is held on file until the exchange of contracts takes place. You will need to be contactable either by phone or email on the day of exchange as your solicitor will request your express authority to proceed with exchange of contracts on your behalf, this makes sure you have not changed your mind and is an opportunity for any last-minute queries to be dealt with prior to committing you to the sale/purchase.

How does my solicitor prepare for the exchange of contracts?

If you are selling a property, your solicitor will prepare to exchange contracts by making arrangements for you to sign and return a copy of the contract.

If you are buying a property, your solicitor will need to have completed the following steps before proceeding with exchange of contracts:

Made arrangements for the buyer to sign and return the contract
Received deposit funds from the buyer (usually 10% of the purchase price)
Complete land registry checks to ensure nothing has changed on the title since it was provided by the seller

Whether you are selling or buying or both, your solicitor will contact you to request your express authority to proceed with exchange of contracts that day, we always want to make sure you have not changed your mind and are able to book your removals company before committing you to a contract.

How does my solicitor exchange contracts?

Exchange of contracts involves a telephone call with the solicitor representing the other party. The solicitors will read through the details of the contract to ensure the terms in each contract are exactly the same.

When the solicitors are satisfied that both contracts are identical, they will agree to date the contract which brings the contract into existence.

I’m in a chain; can we exchange contracts whenever we are ready?

If you are selling your current home and moving into a new one, you are part of a chain of transactions and exchange of contracts must align with all other parties in the chain, who must also agree the all-important completion date.

This can take some coordination and estate agents are well placed to bring the chain to an agreement that suits everyone involved.

Once the dates are agreed and all parties ready to exchange, the solicitors will ‘release’ the contract to the solicitor above them. The next solicitor in the chain does the same and this process is repeated until the top of the chain is reached and the top contract is exchanged. Confirmation is then communicated back down through the chain by each solicitor until the solicitor at the bottom is reached.

What happens between exchange and completion?

Between exchange and completion, the final administrative tasks are completed, such as requesting estate agent invoices and mortgage funds in readiness for completion.

What is a normal gap between exchange and completion?

Most lenders require 5 working days’ notice to arrange payment of mortgage funds, this usually determines the gap between exchange and completion however sometimes parties agree on a longer gap. Most clients are comfortable with a week before completion as it allows time to make final preparations for completion day such as notifying utility companies and arranging to forward post.

A shorter gap can also be agreed in certain circumstances. Your solicitor will check how much time is required between exchange and completion and ensure sufficient time will be allowed before proceeding with exchange of contracts.

It is also possible to exchange and complete on the same day if needed, this is known as ‘simultaneous exchange and completion’. This requires planning in advance and is usually only possible if there is no wider chain involved.

What does my solicitor do on completion day?

If you are selling a property, your solicitor waits to receive the purchase funds from the buyer’s solicitor. Once received, they will contact you to confirm this and check whether you are ready for the estate agent to release the keys to the buyer. The solicitor will also arrange to repay any outstanding mortgage on the property.

If you are buying a property, your solicitor will send the purchase monies to the seller’s solicitor and await confirmation of receipt. Once confirmed, they will contact you to confirm you can collect the keys from the estate agent. In the background, they will then arrange to submit your stamp duty return to HMRC and payment of the stamp duty owed. They will then attend to registration of your ownership of the property at HM Land Registry.

Can I do building work between exchange and completion?

Between exchange and completion the property still belongs to the seller. It is possible to do building work between exchange and completion but it must be agreed with the seller in advance via a ‘Key Undertaking’. This is an agreement to allow you access to the property to carry out specific pre-agreed works. It is usually agreed that you must return the keys to the estate agent at the end of each day.

Can things go wrong between exchange and completion?

It is very rare that things go wrong between exchange and completion but it can happen and certain things are beyond your solicitor’s control. For example, banking systems can go down which can affect the transfer of completion funds between solicitors. A key undertaking is sometimes agreed in such situations to allow buyers into their new properties before completion is finalised.

Call us for a conveyancing quote

When you’re ready to move, call us for a conveyancing quote. We work on fixed fees so you have additional peace of mind.

Scaling up and long-term growth: Legal insights on Cambridge Innovation Capital’s £100M opportunity fund

Posted on 6 March 202519 March 2025 by Sarah O'Sullivan

Cambridge Innovation Capital (CIC), a leading venture capital firm, has launched a £100 million Opportunity Fund to support growth-stage deep tech and life sciences companies in the UK. This initiative aims to address the funding gap that often challenges UK startups in scaling their operations and securing long-term growth.

As CIC’s fund supports innovation and expansion, it also raises important corporate, commercial, and employment law considerations. Ensuring legal and regulatory compliance and structuring matters in the right way may be key to maximising the fund’s impact while supporting sustainable business growth.

Legal professionals can play a crucial role in guiding companies through these complexities, from fund formation and governance to workforce expansion and regulatory obligations. This article explores the key legal considerations associated with the fund and its potential influence on the UK’s innovation ecosystem.

Key legal considerations:

Corporate and commercial law considerations

Legal structuring and fund formation: Establishing the right legal structure for a venture capital investment is essential for compliance and help scalability. Whether structured as a limited partnership or an investment trust, the fund’s legal framework must align with investor expectations, governance needs, and tax efficiency.
Investor agreements and risk management: Growth-stage investments require clear, well-drafted agreements that define investment terms, risk-sharing mechanisms, and exit strategies. Institutional investors such as Aviva Investors and British Patient Capital will expect transparent governance structures that adhere to UK venture capital laws and fiduciary responsibilities.
Shareholder agreements and corporate governance: Investors typically seek board representation and governance rights to help guide business decisions. Well-defined governance frameworks, including voting rights, decision-making authority, and exit provisions, contribute to long-term stability and strategic alignment between investors and founders.
Intellectual property (IP) protections: In deep tech and life sciences, protecting intellectual property assets is vital. Investors will expect patents, trademarks, and proprietary technologies to be properly secured, reducing risks of ownership disputes and unauthorised use.

Employment law considerations

As CIC’s portfolio companies expand, effective workforce management will be critical. Key employment law factors include:

Employment status and worker classification: Startups often engage a mix of employees, consultants, and other workers. Proper classification is crucial to avoiding misclassification risks and ensuring compliance with IR35 tax rules and UK employment law.
Contractual protections and employment rights: Growth-stage companies must provide clear employment contracts that define salary, benefits, working conditions, and dispute resolution processes. Failure to issue formal contracts within two months of employment may breach UK employment regulations.
Non-compete and confidentiality agreements: In highly specialised industries, protecting trade secrets and sensitive data and intellectual property is essential. Employment contracts should include enforceable non-compete, non-solicitation, and confidentiality and, where applicable, IP clauses to safeguard business interests while remaining fair and reasonable under UK law.

Regulatory and compliance considerations

Operating within the UK’s venture capital ecosystem requires compliance with a broad range of regulatory frameworks:

Financial conduct authority (FCA) regulations: Venture capital firms must adhere to FCA regulations, including disclosure obligations, risk assessments, and anti-money laundering (AML) protocols to maintain investor confidence and legal integrity.
Data protection and cybersecurity laws: With many portfolio companies handling sensitive data, ensuring compliance with GDPR and cybersecurity regulations is essential to protect both investor and consumer information.
Competition law and market impact: Large investments in concentrated sectors (e.g., biotech) may attract regulatory scrutiny under UK and EU competition laws, particularly regarding market dominance and anti-competitive behaviour.
Employment law and workforce compliance: As companies scale, they must align their hiring practices, employee benefits, and workplace policies with UK employment regulations, ensuring fair treatment of workers and compliance with equality legislation.

Broader Implications for the UK’s Innovation Ecosystem

CIC’s Opportunity Fund represents a significant step in strengthening the UK’s ability to support high-growth technology sectors. By providing capital at a crucial stage, the fund can accelerate innovation, drive job creation, and enhance global competitiveness.

However, to fully realise these benefits, it is essential to have strong legal and regulatory frameworks in place. Ensuring corporate governance, compliance with employment laws, and investor protections will allow both startups and investors to confidently scale their operations while fostering a sustainable and responsible innovation ecosystem.

CIC’s £100M Opportunity Fund is a milestone for UK venture capital, providing critical funding to emerging deep tech and life sciences companies. To maximise its success, a compliant and thought through approach is necessary—covering fund structuring, investment agreements, workforce management, and regulatory compliance.

By proactively addressing these legal considerations, corporate, commercial, and employment law professionals will play a key role in creating a strong, legally compliant, and investor-friendly environment that supports both economic growth and technological progress in the UK.

Achieve your business goals. Get in touch with our corporate or employment lawyers

This article was co-authored by Natasha Bhandari and Ola McGhee, both experts in Corporate and Commercial law.

Natasha specialises in corporate and commercial law, advising businesses on mergers, acquisitions, restructuring, and investment agreements.

Ola is an employment law expert, helping businesses navigate workplace matters such as contracts, disputes, and regulatory compliance.

Together, they provide key legal insights to support growing companies in the UK’s innovation ecosystem. If you’d like to meet one of our experts for a confidential, no-obligation chat, please get in touch.

Tees Law welcomes Senior Education Law Solicitor

Posted on 5 March 202529 March 2025 by Sarah O'Sullivan

We are delighted to announce that Victoria Kerr, a highly experienced Education Law Solicitor, has joined the Tees Education Law team.

With over 25 years of legal experience, Victoria has dedicated her career to advocating for children and families. For the past 20 years, she has worked at Hertfordshire County Council, specialising in education law, safeguarding, social care, and public law disputes. Her extensive expertise further strengthens our specialist Education Law team, supporting parents, schools, and local authorities.

Victoria is based in our Bishop’s Stortford office but provides nationwide legal support through remote consultation options. She brings a broad and strategic perspective to education disputes and offers expert advice to achieve early and effective resolutions.

Victoria says:

“My career has always focused on supporting children and families through the law. I’m thrilled to join the highly regarded Education Law team at Tees, particularly when the need for legal support in education is greater than ever. Whether it’s helping parents navigate their child’s Special Educational Needs (SEN) journey or resolving disputes between parents, schools, and local authorities, I am passionate about ensuring the best outcomes for children.”

How Tees can help

Our Education Law team provides expert advice on:

Special Educational Needs (SEN) legal support
School admissions and exclusions appeals
Safeguarding and social care law
Disputes between parents, schools, and local authorities
Judicial reviews and public law challenges

For specialist legal support, contact our Education Law team today.

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

Posted on 27 February 202523 March 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 202523 March 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.

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.

Tees delighted to announce Partner promotion

Posted on 24 February 202529 March 2025 by Sarah O'Sullivan

Tees is pleased to announce the promotion of Alex Waples to Partner within the Commercial and Agricultural Property team with effect from 1st April 2025.

Alex has been with the firm for 10 years, joining in 2015. During that time Alex has shown exceptional legal skills and an unwavering dedication to client success, particularly for agricultural landowning clients including individuals, partnerships, corporate entities as well as landed estates. Alex is also a key part of the firm’s renewable energy team and has led the team to great success with some noteworthy accolades.

Alex Waples is based out of the Cambridge office but covers a wide reach across the East of England. Alex specialises in sales and acquisitions of farms and agricultural land, acting for both landowners and developers on renewable energy transactions, acting mainly for landowners on strategic land development schemes and advising on farming partnership agreements.

Recent work highlights include:

Acting for one of the world’s largest renewable developers on a 50MW co-located solar and battery storage scheme.
Acting as primary solicitor on a 3,000-acre solar and battery Nationally Significant Infrastructure Project (NSIP) for 9 landowners.
Acting on a farm purchase to consortium buyers with overage provisions and a headline sale price more than £9m.
Acting for a landowner in the sale of a fully consented residential development site in excess of £18m.
Acting for a developer in the acquisition of a residential development site with a gross development value more than £20m.

Alex studied Law at the University of East Anglia and completed his LPC at BPP University in Cambridge in 2015, the same year he joined Tees.

Senior Partner, Catherine Mowat, expressed her enthusiasm, saying:

“I am absolutely delighted to welcome Alex to the Partnership at Tees. Over the past decade, Alex has become an invaluable member of our Commercial and Agricultural Property team, earning a reputation as a trusted expert in his field.

Alex embodies the qualities we seek in a Partner—proactive, highly knowledgeable, and approachable. His leadership and dedication to excellence set him apart, and I look forward to seeing his continued success and contributions to the firm.”

Alex shared his excitement about the new role, stating:

“I am truly honoured to join the Partnership at Tees. My approach has always been to put my clients first—understanding their priorities and being readily available to support them, no matter the issue.

I look forward to building on our strong Commercial and Agricultural Property team and continuing the growth of our renewable energy specialism, further enhancing our offering, and continuing to help our clients achieve their goals. This is an incredibly exciting chapter, and I cannot wait to get started.”

Tees has also announced seven other senior staff promotions across the firm: two to Senior Associate and five to Associate.

Promoted to Senior Associate

Ana James-Pittau (Dispute Resolution & Litigation – Chelmsford)
Sarah Stocker (Medical Negligence – Cambridge)

Promoted to Associate

Amanda Johnston (Medical Negligence – Bishop’s Stortford)
Georgina Wade (Medical Negligence – Bishop’s Stortford)
James Murray (Tax Team, Private Client – Bishop’s Stortford)
Kirsten Vincent (Residential Property – Brentwood)
Sophie Shirley (Private Client – Cambridge)

Should whistleblowing protections be extended to all job applicants?

Posted on 22 February 202521 March 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.