Case Studies Archives

Legal support by Tees secures Lease for Cambridge’s first indoor skatepark

Posted on 30 September 202427 March 2025 by Sarah O'Sullivan

Tees are proud to be supporting Cam Skate on a pro-bono basis in their taking of a lease of Cambridge’s first-ever indoor skatepark.

The 850 sq. m. Coldham’s Lane building is owned by Railpen, a leading pension fund manager for the UK railway industry, and has been left unused for several years.

Cam Skate wishes to bring skating enthusiasts together for the creation of a new community facility, offering a leisure activity that is its first for the city.

Paul Elbro, Director at Cam Skate said: “I went to my first ‘With Purpose Network’ in-person networking evening in November 2023. In the ‘speed dating’ session between businesses and community groups, I met Sarah Coates, Partner at Tees, who listened to my hurried pitch about Cam Skate’s indoor skatepark project and kindly offered to review, pro bono, the lease documentation for the warehouse venue from our prospective landlord when the time was right.”

In May 2024, we received the lease documentation, and both Sarah and Charlotte Hamilton, a solicitor on Sarah’s team, did a very thorough review of the lease for us, all pro bono, and supported us through to signing the lease at the end of July.

We are hugely grateful to Tees, and the With Purpose Network, for the amazing support with our project!”

Sarah Coates, Partner of the Commercial Property team said: “It is incredibly difficult for community organisations who are just starting out or who are struggling with funding demands to access good quality legal support. This is an issue Tees recognises and is keen to do what it can to ease the burden on organisations that do such good work in our communities. We are delighted to have been able to assist.”

Cambridge’s first community indoor skatepark ‘The Warehouse’ opened this weekend on Sunday 29 September. Tees’ Commercial Property team in Cambridge would like to thank Rachel Hales at With Purpose Network who helped facilitate the meeting between Tees and Cam Skate.

Surgeon Yaser Jabbar: Patient ‘G’s case of Medical Negligence

Posted on 16 September 202427 March 2025 by Sarah O'Sullivan

This is the story of Patient ‘G’, a teenager whose life has been severely impacted by the substandard care and questionable practices of surgeon Mr Yaser Jabbar, who worked at the renowned Great Ormond Street Hospital (GOSH) in London.

The harrowing experience of Patient ‘G’ sheds light on the systemic failures that allowed such negligent care to persist, and the fight for justice and accountability.

Yaser Jabbar’s troubled tenure at GOSH

Mr Yaser Jabbar, a 43-year-old surgeon, joined the orthopaedic department at GOSH in June 2017, quickly making a name for himself as a specialist in complex leg-straightening and lengthening procedures. Dubbed the “frame guy” by his colleagues, Jabbar became known for his work with children suffering from congenital limb deformities.

However, beneath the surface, concerns about Mr Jabbar’s practice began to emerge. Colleagues raised concerns about his “cavalier” approach to unexpected complications and his tendency to dismiss or even hide these issues, raising serious questions about patient safety under his care.

The troubling case of Patient ‘G’

Patient ‘G’ was born with VACTERL association, a genetic condition that affects the formation of the bones and organs in utero. He suffers from a radial club hand deformity with thumb hypoplasia, which affects the bones of his hand, radius and ulna. They were referred to GOSH in February 2017 at the age of nine, to explore surgical options to straighten and lengthen his left arm and wrist, with the hopes of improving the cosmetic appearance.

‘G’ was initially seen by Mr Jabbar in January 2020 and later again in February 2020 and April 2021. Unfortunately, these appointments were marked by a lack of detailed medical history-taking or clear communication about the proposed surgical plan and its risks and benefits.

The flawed surgery

In June 2021, ‘G’ underwent surgery to his left arm – but what was performed was vastly different from what had originally been planned. Instead of the agreed-upon procedure to “straighten and lengthen” the left forearm with an Ilizarov frame, Mr Jabbar performed a “length neutral (or even shortening) correction with a plate, and joint distraction. This approach was later deemed “unacceptable” following an investigation by the Royal College of Surgeons (RCS) into Mr Jabbar’s practice.

The RCS report criticised Mr Jabbar’s surgical technique, noting significant under-correction of the radial inclination and the lack of a clear plan for follow-up procedures. His choices were considered highly questionable.

Complications and consequences

Following the surgery, ‘G’ faced a series of complications, including persistent pain, nerve issues and worsening deformity. ‘G’ also developed a post-operative infection, which required removal of the metal pins in his arm. These problems required multiple additional surgeries and extended treatment, including bone grafting.

The RCS investigation concluded that ‘G’ had suffered “moderate harm” due to Mr Jabbar’s actions, with the possibility of further deterioration and the need for more corrective procedures in the future. The findings also noted that Mr Jabbar failed to properly inform ‘G’ and their family about the significant changes made to the surgical plan – raising further concerns about professionalism, transparency and patient care.

The devastating impact

The consequences of Mr Jabbar’s actions have been far-reaching and deeply damaging for Patient ‘G’. Their left arm, which had previously undergone successful surgical correction at a young age, was now in a worse condition, with increased deformity, reduced function, and ongoing pain. Three years on, ‘G’ is still awaiting treatment to rectify the damage caused by Mr Jabbar. The experiences have taken a significant toll on their physical and emotional wellbeing.

Wider systemic failures at GOSH

Unfortunately, this case is not an isolated incident, but part of a larger pattern of systemic issues within GOSH’s orthopaedic department. The RCS investigation revealed a “dysfunctional” team environment, marked by poor communication, a lack of collaboration, and hostility towards staff members who raised concerns. The report also highlighted failures in the hospital’s leadership which ignored or downplayed warnings from staff, allowing Mr Jabbar’s harmful practices to go unchecked for years, ultimately leading to the harm of hundreds of young and vulnerable patients.

The aftermath and ongoing legal battle

In the wake of the RCS investigation, GOSH has launched a comprehensive review of the cases of 721 children treated by Mr Jabbar, with the hospital acknowledging the “serious concerns” raised and apologising to the affected families.

Georgina Wade, Solicitor at Tees is representing ‘G’ and his family in the pursuit of justice for the harm caused by Mr Jabbar’s negligence. Georgina is also representing a number of other families who have been affected.

The case of Patient ‘G’ and the broader issues at GOSH highlight the critical need for accountability and transparency within the medical profession. When there is a breakdown of trust, and patient safety is compromised, the consequences can be devastating – not only for the individuals and families directly affected, but also for the public’s confidence in the healthcare system.

The call for accountability and reform

This case is one of several cases which serves as a call to action – healthcare providers must prioritise patient safety, foster a culture of openness, and swiftly address shortfalls in care when they occur. Only by committing to these values, can we protect vulnerable patients like ‘G’ and begin to rebuild and restore trust in the medical profession.

Statement from solicitor Georgina Wade

Solicitor Georgina Wade said: “As the family’s solicitor I am deeply troubled by the findings of the Royal College of Surgeons into the care provided to ‘G’ by Mr Jabbar. Both ‘G’ and his family trusted him; he was someone they believed to be a respected and experienced surgeon at one of the world’s leading children’s hospitals. He abused that trust and used his position of authority to perform a totally different surgical procedure to the one which was agreed to by ‘G’ and his family.

“Beyond Mr Jabbar’s worrying practices, the fact that he was allowed to continue treating children after concerns were raised about his practice also raises questions about the conduct of Great Ormond Street. As the extent of Mr Jabbar’s worrying practices now comes to light, I am shocked to see how many vulnerable children have been affected by his behaviour. One child coming to harm is one too many. ‘G’ and his family, along with all those affected by this deserve answers and accountability, as they will have to live with the consequences of the actions of both GOSH and Mr Jabbar for the rest of their lives.”

Maternity errors result in stillbirth of couple’s first baby and significant injuries to mother

Posted on 10 September 202427 March 2025 by Sarah O'Sullivan

Sarah* had a traumatic experience when she lost her baby, and suffered from severe, permanent injuries which led to her decision to leave the UK.

The induction process

Sarah was admitted to a leading NHS Hospital based in London for a planned induction of labour. She was induced in the afternoon and contractions started that same evening. However, even though Sarah was experiencing regular contractions alongside severe levels of pain and bleeding, staff at the Hospital failed to recognise that she was in active labour. That night, the baby’s heart rate was detected dropping during CTG monitoring and there were episodes of shallow decelerations, but no action was taken.

Repeated please for help

The next day, Sarah was given a full dose of gels for induction and regular contractions started during the night. Although Sarah’s husband Daniel* made repeated requests for attention over a period of several hours, no physical checks or CTG monitoring was provided. Sarah’s contractions became more regular and painful, and Daniel again repeatedly asked for help but was ignored.

Tragic loss

On the third day, Daniel once again repeatedly asked for help and for CTG monitoring and by this point, Sarah’s pain levels had become unbearable. CTG monitoring was eventually performed but staff could not detect the baby’s heartbeat. Sarah and Daniel’s baby was heartbreakingly pronounced dead.

Lack of support

Even after the death of her baby was confirmed, Sarah was not offered any consultant support or advised of any alternative options for delivery. She was then left for seven-and-a-half hours pushing on her own to deliver her baby with no physical or psychological support from staff. Sarah’s physical condition became extremely poor, and Daniel was terrified that he would lose his wife as well as his baby. The prolonged second stage of labour resulted in severe, permanent injuries to Sarah.

Emotional and psychological impact

The experience was deeply traumatic with both Sarah and Daniel suffering from significant PTSD. Due to the physical and psychological trauma sustained following the incident, Sarah and Daniel felt they had no choice but to leave their home in London and move abroad to be closer to Sarah’s family for support.

Internal investigation and admission of liability

Following the incident, an internal investigation took place by the NHS Trust involved in which it was accepted that there was a “failure to recognise the onset of active labour during a high-risk induction process, and a failure to commence appropriate care including foetal monitoring once in established labour”.

Shortly after the tragic incident, the couple in their 30s, got in touch with Alison Hills. A letter of claim was sent to the Trust, who promptly admitted liability and accepted that had active labour been diagnosed and continued foetal monitoring been performed, then the baby’s death would have been avoided.

The Trust also admitted that a senior obstetrician should have been involved and advised Sarah about her options for delivery and that if delivery had been expedited after the death of the baby had been confirmed, then Sarah would have avoided the prolonged labour and subsequent injuries.

Ongoing compensation process

An assessment of the couple’s potential lost earnings, care costs, medical expenses, relocation costs and several other expenses is currently underway before negotiations can commence and a final compensation figure can be agreed with the Trust.

Statement from Alison Hills

Tees Law’s Medical Negligence Senior Associate Solicitor Alison Hills said: “This is one of the most tragic cases that I have ever come across in my 20-year career. Not only was the death of Sarah and Daniel’s baby wholly avoidable, but there were several failures of care even after the death was confirmed, which then led to a number of significant and permanent injuries to Sarah. Their lives have simply been turned upside down with every single aspect of their lives being adversely affected.

Whilst no amount of compensation will ever bring their baby back, I am hoping that when their case settles, Sarah and Daniel will be able to achieve some form of closure and start to heal from these heartbreaking events, and that lessons will be learnt for the Trust to avoid similar mistakes being made in the future”.

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

Hospital eventually settles after causing lifetime birth injury

Posted on 3 September 202427 March 2025 by Sarah O'Sullivan

A wrongly sited episiotomy and prolonged second stage of labour caused Lara* lifetime faecal incontinence issues, for which the trust responsible denied liability.

Background

Lara was a first-time mother who had an uneventful pregnancy. She arrived at hospital and was found to be in established labour. She then got to a point where her labour was not progressing as expected, and was given oxytocin to augment labour.

Prolonged second stage of labour

When the cervix becomes fully dilated, it is common practice to allow at least an hour for the baby to descend passively down the birth canal before the mother starts active pushing. Due to an error by the medical and midwifery staff, Lara was left in the second stage of labour for six hours before starting to actively push. She was unable to push the baby out and it was decided to use forceps.

The episiotomy and initial outcome

An episiotomy was carried out to facilitate delivery. Once her baby was born, her perineum was examined and sutured. She was discharged having been told everything had gone well.

Post delivery complications

A few days later, Lara noticed she had no control over passing urine, followed by a lack of control over passing wind and stool. This persisted for weeks before she was referred to a colorectal clinic. Tests confirmed a defect in her anal sphincter area. Despite undergoing therapies, her faecal urgency and inability to control flatus persisted.

Seeking legal support

At this point, Lara contacted Tees for legal support. She filed a formal complaint with the NHS Trust, which responded with an apology, acknowledging the episiotomy had been wrongly sited. Experts were instructed, and a Letter of Claim was sent to the Defendant NHS Trust.

Expert insight

Gwyneth Munjoma, Medical Negligence Senior Associate with Tees, said: “If injury to the anal sphincter is not recognised and appropriately repaired immediately following delivery,repair at a later date is rarely curative. The result is that the woman has to live with an injury which physically impacts on her womanhood, family life, social life and employment. In addition, these women’s entire lives are psychologically affected by the injury of such a sensitive and intimate part of the body.”

Legal challenges and resolution

Despite the letter of apology, the Defendant NHS Trust initially denied liability, further impacting Lara’s psychological well-being. However, the Trust later made a settlement offer. Following negotiations, a six-figure settlement was reached, successfully concluding the case.

Client-centred approach

Reflecting on the case, Gwyneth Munjoma stated:

“As well as my legal training, I have a background in midwifery. With that knowledge, I am able to effectively partner the client bringing in a great deal of knowledge, empathy and understanding throughout the journey of her claim.”

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

Equity release can take some of the stress out of divorce

Posted on 16 July 202429 March 2025 by Sarah O'Sullivan

Rose and James are getting divorced late in life. In this scenario, they use the release of equity in their jointly-owned home to help make splitting their assets easier.*

Both aged 73, Rose and James Heath are going through the stressful process of dividing their assets for the financial settlement of their divorce.

Rose wants to stay in the marital home, but James has agreed to move out and buy a new property. They have agreed to divide the value of their house evenly and have £100,000 in joint savings.

With their house valued at £375,000, Rose needs to access £140,000 of equity in the property via a lifetime mortgage, paying the remainder of the money owed to James from her savings.

By choosing a lifetime mortgage, Rose can remain in her home while retaining ownership, guaranteeing no negative equity, and have the option of monthly repayments. James can now access his finances and buy himself a property.

Things to consider

Before applying for equity release, weighing alternative options and looking at the possible effects on your finances is important. These include:

Downsizing and other forms of finance
Compound interest roll-up, if chosen
Early repayment charges
Long-term care and state benefits considerations
A lifetime mortgage may impact the inheritance you leave

Get in touch

Speak to our Wealth Specialist, Toni Chalmers-Smith or Senior Associate Solicitor Catherine Banks at Tees today.

*Examples of customer scenarios only. Every case will be different.

This material is intended for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument. It is not intended to provide and should not be relied on for accounting, legal or tax advice. Some information quoted was obtained from external sources we consider to be reliable.

Tees is a trading name of Tees Financial Limited, which is authorised and regulated by the Financial Conduct Authority. Its registered number is 211314.

Tees Financial Limited is registered in England and Wales, registered number 4342506.

Equity release: Upsizing to the house of your dreams

Posted on 16 July 202429 March 2025 by Sarah O'Sullivan

In this scenario, Lucy and Max are using a lifetime mortgage to supplement the purchase of a property which would otherwise be outside their reach.*

Lucy and Max Ford are a retired married couple aged 65 and 67. It has been their dream to move to a coastal village, and now that their children have moved away, they have no ties to where they currently live.

An equivalent property in the area they want to move to costs around £350,000. Their present home, on which they have no mortgage, is valued at £270,000, so they need to find an extra £80,000 to meet the cost of the new property.

They decide to release equity from their house by using a lifetime mortgage to supplement the purchase. Once they have found the property they want and a buyer for their current home, they simultaneously complete on the new house and release funds from the lifetime mortgage, enabling them to fund the price difference.

Their lifetime mortgage allows them to retain ownership of their home while guaranteeing no negative equity. It also gives them the option of monthly repayments if they want to reduce interest roll-up.

Things to consider

Before applying for equity release, weighing alternative options and looking at the possible effects on your finances is important. These include:

Downsizing and other forms of finance
Compound interest roll-up if chosen
Early repayment charges
Long-term care and state benefits considerations
A lifetime mortgage may impact the inheritance you leave

Get in touch

Speak to our Wealth Specialist, Toni Chalmers-Smith or Senior Associate Solicitor Catherine Banks at Tees today.

*Examples of customer scenarios only. Every case will be different.

Tees is a trading name of Tees Financial Limited, authorised and regulated by the Financial Conduct Authority. Its registered number is 211314.

Tees Financial Limited is registered in England and Wales, registered number 4342506.

How an interest-only mortgage is repaid at term through equity release

Posted on 16 July 202429 March 2025 by Sarah O'Sullivan

Sarah’s interest-only mortgage has expired, and she has to repay the capital. In this scenario we see how she’s able to use the equity in her home to manage the repayment.*

Sarah Jones is a 65-year-old retired widow. Her residential interest-only mortgage has reached the end of its term, and she is now required to repay the capital sum of £80,000.

Based on her age and income, she could not qualify for a Retirement Interest Only (ROI) or residential mortgage, and her mortgage company is unwilling to extend the term any further. Also, she does not want to downsize.

By choosing a lifetime mortgage, Sarah is able to release the £80,000 from her home’s equity to pay off her mortgage. Payments are optional, but in the months when she has surplus cash, she may choose to make a payment to help reduce the interest roll-up.

Sarah’s lifetime mortgage allows her to retain home ownership while guaranteeing no negative equity.

Things to consider

Before applying for equity release, weighing alternative options and looking at the possible effects on your finances is important. These include:

Downsizing and other forms of finance
Compound interest roll-up if chosen
Early repayment charges
Long-term care and state benefits considerations
A lifetime mortgage may impact the inheritance you leave

Get in touch

Speak to our Wealth Specialist, Toni Chalmers-Smith or Senior Associate Solicitor Catherine Banks at Tees today.

*Examples of customer scenarios only. Every case will be different.

Tees is a trading name of Tees Financial Limited, authorised and regulated by the Financial Conduct Authority. Its registered number is 211314.

Tees Financial Limited is registered in England and Wales, registered number 4342506.

Coroner: Baby’s death at NHS Trust due to neglect

Posted on 22 May 202427 March 2025 by Sarah O'Sullivan

A baby who died from a brain injury following a delayed labour and delivery was failed by staff at Sherwood Forest Hospitals NHS Trust, a Coroner has concluded.

Arlo River Phoenix Lambert died on 9 March 2023 at Kingsmill Hospital, Nottinghamshire, at five days old. The Coroner found that Arlo’s death was “contributed to by mismanagement of labour and multiple missed opportunities to have expedited his delivery.”

She concluded that neglect contributed to Arlo’s death, which came from “a failure to follow Trust guidance.”

Miss Lambert, Arlo’s mother, was induced at 40+2 weeks, and following spontaneous rupture of membranes (SROM), she was left for 17 hours without any attempts made to progress her labour. The Coroner found that this allowed the risk of infection to materialise. During that time, staff failed to properly review Miss Lambert’s care plan and discuss modes of delivery with her when concerns were raised about the position of the baby and her labour was failing to progress.

Coroners findings on contributing factors

The Coroner concluded that neglect contributed to Arlo’s death, citing a “failure to follow Trust guidance.”

Miss Lambert, Arlo’s mother, was induced at 40+2 weeks. After a spontaneous rupture of membranes (SROM), she was left for 17 hours without attempts to progress her labour. The Coroner found that this delay allowed the risk of infection to materialise. Staff also failed to properly review her care plan or discuss delivery options when concerns arose about the baby’s position and the lack of labour progression.

Missed opportunities and preventable death

The Coroner identified “multiple missed opportunities to have expedited Arlo’s delivery, which would probably have prevented his death.” A Prevention of Future Deaths Report has been issued.

Since Arlo’s death, Miss Lambert has experienced post-traumatic stress disorder (PTSD).

Complaint against specialist registrar

Additionally, the Coroner made a complaint to the General Medical Council regarding the actions of Specialist Registrar Dr Adeyemi. In oral evidence, he stated that he would “cross [my] fingers behind my back and hope and pray the mother would go into labour” rather than implementing an appropriate care plan.

Evidence of brain injury

A post-mortem autopsy confirmed that Arlo’s brain had suffered a hypoxic-ischaemic injury, caused by a lack of adequate oxygenated blood supply. This was attributed to the delayed delivery following fetal distress.

Failings in antenatal and labour care

The Coroner found significant issues in Miss Lambert’s care between her induction of labour on 2 March 2023 and Arlo’s birth on 4 March 2023.

Antenatal failings

At 38+6 weeks gestation, Miss Lambert underwent a growth scan and was offered induction at 40+2 weeks due to concerns about fetal growth. However, the Coroner concluded that this decision was outside national guidelines, and Miss Lambert was not informed that the induction was unnecessary. The Coroner stated that she would likely have gone into spontaneous labour without complications.

Labour management failures

Upon Miss Lambert’s admission, numerous delays in commencing the induction occurred, exacerbated by poor communication and staff shortages.

At 11:33 on 3 March, a high fetal head position was noted, presenting a missed opportunity to consider a delivery plan. Additionally, the decision to discontinue CTG monitoring, against national guidance, prevented the detection of fetal distress.

By 17:00, Dr Adeyemi formulated a delivery plan without consulting Miss Lambert, reviewing her records, or considering her preferences.

The Coroner concluded that had the Trust’s induction of labour policy been followed, and delivery occurred within two hours of SROM, Arlo’s death could have been avoided.

Delayed caesarean section and birth complications

At 21:43, a further opportunity was missed when blood-stained liquor was reported. A lack of communication between the midwife and obstetric team meant that the mode of delivery was not reconsidered.

Doctors eventually opted for a category 1 caesarean section at 03:58 on 4 March, following concerns of placental abruption. At 04:26, Arlo was delivered via a difficult caesarean, with evidence of a placental abruption. Despite specialist care at the Queen’s Medical Centre, he died five days later.

Specific failings identified by the Coroner

The Coroner outlined the following key failings:

Failure to follow the Trust’s induction policy.
Inadequate monitoring of fetal distress.
Poor communication and staff shortages.
Lack of consideration for Miss Lambert’s informed consent.

Had Arlo been delivered sooner, the Coroner concluded that he “would more likely than not have survived.”

Calls for maternity care reform

Following a series of high-profile scandals, NHS Trusts face mounting pressure to improve maternity care. A recent Birth Trauma Inquiry condemned poor maternity and postnatal care as “tolerated as normal,” calling for systemic reform.

Family’s response and legal representation

Chantae Clark of Tees Law, representing the family, stated:

“These tragic events were preventable if Sherwood Forest Hospitals NHS Trust had followed the guidance and acted on the warning signs in the hours before Miss Lambert’s labour. It is hard to believe that in such an advanced healthcare system, a mother should suffer the treatment that she did and that a baby should die because of neglect.”

She emphasised the emotional toll on Arlo’s family and expressed hope that the Coroner’s findings and Prevention of Future Deaths Report will lead to meaningful changes in NHS maternity care.

Solar farm development

Posted on 7 May 202427 March 2025 by Sarah O'Sullivan

Tees provides legal support to a landowner

Solar farms have become popular for landowners to generate income from their land and are part of the growing renewable energy sector. However, the process of setting up a solar farm can be complex. This case study highlights the importance of seeking legal support when developing renewable energy infrastructure to ensure that all necessary legal and regulatory requirements are met and to mitigate the risk of any disputes arising during the term of the lease.

If you are considering starting a renewable energy project on your land or have been approached about renewable energy development, it’s vital that you seek expert legal advice to ensure you protect your interests.

Alex Waples, senior associate lawyer, and the Tees renewable energy team acted for a landowner who wanted to install a solar farm on their land. Tees undertook due diligence to identify potential issues with the proposed site, negotiated and completed the lease and any necessary easements, and provided ongoing advice throughout the term of the lease.

Due diligence

Alex and the renewable energy team undertook a detailed review of the title documents, as well as a detailed review of various searches commissioned against the proposed solar farm site.

The purpose of the review is to identify any potential issues. For example, a parcel of land may be burdened with a historic covenant preventing the building of a structure in, over, or under the parcel of land in question. Any such covenant could significantly affect the site’s efficacy, and various design changes may need to be made to accommodate it.

Option agreements and lease negotiation

Alongside due diligence, the early stages of a transaction involve negotiating and exchanging an option for the lease and for any required easements.

Alex provided legal assistance in drafting the option agreement that granted the solar farm company the right to lease the land to install solar panels. He and the renewable energy team also negotiated the lease terms on behalf of the landowner, reviewing and drafting the lease agreement to ensure that it complied with relevant laws and regulations and represented the client’s best interests.

Once the funding is secured and the site is satisfactorily viable, the options are triggered, and the transaction can proceed to installation. The lease must afford sufficient solar farm installation rights, including access to neighbouring land.

Completion of the lease and easements

With funding, Alex arranged for the options to be triggered and completed the lease and the necessary easements. With the lease and easements in place, the installation of the solar farm could start.

Ongoing advice

During the lease term, The Tees legal team was available to provide ongoing legal advice. Tees’ dispute and resolution team provided tailored advice on exercising the tenant’s rights. They can advise on triggering any option to renew the lease or, alternatively, deal with any transaction whereby the tenant wishes to dispose of their interest in the solar farm, that is, by way of assignment.

If any disputes arise during the lease term, the dispute resolution team will provide expert advice to achieve the most commercially practical outcome.

If you are considering or if you have been approached about renewable energy development, contact our expert legal specialist today.

A family’s fight for justice over hospital’s failings

Posted on 21 March 202427 March 2025 by Sarah O'Sullivan

The family of an 85-year-old woman who passed away in early 2022 have spoken out against a Norfolk hospital that incorrectly treated their mother and contributed to her death.

First hospital visit

Marlene Webb was admitted to James Paget University Hospital on 14 December 2021 after she suffered a fall whilst out delivering Christmas cards. Although Ms Webb had a few pre-existing health conditions, she had been independent and mobile, undertaking all her own daily needs in her house, before her fall.

On the day Ms Webb was admitted to the Great Yarmouth hospital, her weight was incorrectly recorded as 77kg, when in fact she was just under 60kg. The blood thinning medication she was on (warfarin) to treat her pre-existing atrial fibrillation was stopped.

The day after, on 15 December, Ms Webb underwent hip surgery for the injuries sustained during her fall. Later that evening though, she began feeling sick and vomited a dark colour. After this, the hospital queried an upper gastrointestinal bleed, but it was deemed unlikely.

Following this, Ms Webb received numerous blood transfusions due to low levels of haemoglobin (found in red blood cells, haemoglobin transports oxygen around the body). She was prescribed blood thinning medication edoxaban to help prevent blood clots. However, the prescription was based on her weight – which had been incorrectly recorded at 77kg – meaning she was being given a higher dose than her body could take. The dosage prescribed to her was 60mg, when it should have been 30mg, based on her weight. Ms Webb continued taking this incorrect dosage for over a month, until one day before her death.

The side effects of edoxaban can include:

Can cause individuals to bleed more than usual (as it prevents the blood from clotting as easily)
Tiredness
Heart palpitations
Feeling dizzy or lightheaded
Nausea
Stomach pain
Indigestion

More serious side effects can include:

Severe bleeding
Bleeds on the brain

A form completed at the hospital on 23 December 2021 shows Ms Webb’s weight being at 57.75kg. Even at this point, nine days after her hospital admission, this was not picked up and she continued to be given the incorrect dosage of edoxaban.

Back home

On 28 December, Ms Webb was discharged from hospital. Her medical notes from that day state she had some ‘delirium.’

Back at home, Ms Webb was initially thought to have been making a good recovery, but by 5 January 2022, a GP home visit was requested by her family as her legs were swollen and she seemed very confused. Since she had been home, she was becoming more forgetful and was experiencing more regular falls. This was a stark difference from how she was when she first went to the hospital. In the space of three days, she had four falls. She was also hallucinating and speaking to people who were not present.

Second hospital visit

An ambulance took Ms Webb back to hospital on 18 January 2022 after she suffered a head injury from another fall. Upon her admission this time, her weight was recorded at 54kg. her dosage of edoxaban was still not altered and she remained confused and delirious.

An extract from her medical records on 23 January shows what her mental state was like: “Patient is very confused, shouting and crying at times … declining to drink and eat … trying to remove oxygen at times” … “doesn’t believe we are in hospital. Keeps trying to get out of bed. Doesn’t believe I am a doctor. Wants to phone the police. Explained to pt she is poorly … Does not have capacity … Pt left to calm down for a few minutes.”

On 28 January, Ms Webb was given a blood transfusion. On hospital documents, it is stated that this was necessary due to gastrointestinal bleeding and anaemia. Sadly, Ms Webb did not respond to this treatment and passed away just before 9am on 29 January 2022.

The death certificate of Ms Webb lists the causes of death as:

“I(a) Gastrointestinal Haemorrhage / II Frailty of Old Age / Atrial Fibrillation (On Anticoagulation) / Hypertension”

James Paget University Hospitals NHS Foundation Trust

On the day of Ms Webb’s death, the Trust submitted two incident reports. One of those recorded:

“Patient should not have died due to GI bleed.” The root cause was recorded as: “Edoxaban being prescribed at an incorrect (higher) dose due to incorrect weight recording as of the 28th December 2022. A 7-day delay in starting an alternative to PPI to avoid rebound acid hypersecretion and predisposition to upper GI bleeding.”

The outcome of the second report is recorded as “staff did not adhere to policy. Time management, staffing issues and enhanced supervision of patients led to delays in care provision of blood transfusion.”

These findings were also repeated in the Trust’s Root Cause Analysis Investigation Report.

The legal claim

Tees’ Medical Negligence team identified several failings in the care the hospital had provided, including a failure to correctly record Ms Webb’s weight; a failure to carry out further investigations for a gastrointestinal bleed despite Ms Webb having exhibited symptoms on 15 December; the prescription of an incorrect dosage of edoxaban and a failure to stop prescribing it on the realisation that it had been over-prescribed. There was also a failure to prescribe alternative medication to prevent gastrointestinal bleeds whilst she was on edoxaban.

The evidence was that the over-prescription of edoxaban led to her becoming confused and causing hallucinations, suffering from bruising, a general decline in her health and recurrent falls. It also caused or exacerbated the upper gastrointestinal bleed, which caused her death.

Trust response

James Paget University Hospitals NHS Foundation Trust admitted that an incorrect dosage of edoxaban was prescribed but denied that this caused the injuries complained of.

The Trust did, however, admit that there was a failure to administer alternative gastroprotection whilst she was receiving edoxaban and that if it wasn’t for this failure, she would not have developed the gastrointestinal bleed and sadly died on 29 January 2022.

In January 2024, Ms Webb’s family settled their claim out of court against James Paget University Hospitals NHS Foundation Trust.

Impact on the family

Ms Webb’s family said: “Although the Trust admitted fault for the staff’s wrongdoings in relation to the incorrect dosage of edoxaban that was given to our mother, we find it extremely disappointing that they have denied the full impact of this on our mother.

“We think it’s so important to speak out. We were not even able to see our mother when she was in hospital – The Covid-19 pandemic being used as an excuse, despite things having improved significantly by that time. We will never get that time back which could have been so important for us to see her and raise our concerns if we had seen her.

“We found it very difficult to find out how our mum was doing in hospital and were not kept informed, we kept telling ourselves that she was in the best place, but we do not believe she was, had we been told what was happening and how upset our mum was we could have told the doctors that there was something seriously wrong. We were not told that mum was in her last hours and therefore we were not all by her bedside when she passed. The hospital responds that they are learning, which just isn’t good enough, they failed to get the basics correct and their neglect contributed (if not caused) the demise of our beloved mum.

“As a family, we now meet up more than we did before which our mum would have loved, mum was the life and soul of a party and I’m sure many people have fond memories of her. We cannot put into words how this tragedy has affected us all and find it difficult to deal with especially being robbed of time in her last moments.

“We are devastated by the actions of the JPH and we cannot get our mum back, we want people to be made aware that mistakes are being made and that if anyone feels something isn’t quite right with their loved ones care shout from the rooftops for a second opinion, we would hate for another family to go through this trauma. We would also like to thank Tees who were excellent from the outset.”

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