Anthony Searle, instructed by Sanja Strkljevic and Ella Cornish of Leigh Day, represented the bereaved daughter of Tracey Farndon at the resumed inquest into her death on 4 April 2024.

Tracey, an otherwise healthy 56-year-old woman, attended the Emergency Department at Queen Elizabeth Hospital in the early hours of 25 April 2023. She died the same day from septic shock, caused by sepsis secondary to community-acquired pneumonia. Not a single healthcare professional suspected sepsis at any point prior to Tracey’s death, despite signs being present.

Mrs Louise Hunt, HM Senior Coroner for Birmingham and Solihull, heard evidence from Tracey’s daughter and partner, as well as a Consultant in Emergency Medicine, a Consultant Thoracic Surgeon and an Emergency Department Matron.

Anthony’s questioning and legal submissions led the Senior Coroner to accept that there was sufficient evidence to justify the serious finding of neglect. The Senior Coroner considered that there was a gross failure to provide basic medical attention in the form of obtaining Tracey’s blood pressure reading and NEWS2 score shortly after her arrival. Had these gross failures not occurred, a different pathway would have been triggered, including a medical assessment of Tracey, various investigations, and the commencement of the Sepsis Six pathway. The Senior Coroner considered these gross failures to be causative of Tracey’s death.

As a result of the deficiencies in her care, Tracey was left without a full set of observations (and any repeat observations) for around 5 hours following her arrival, she had no medical assessment for over 6 hours, and she was never given antibiotics. The staffing levels and overcrowding in the Emergency Department were significant contributory factors hindering healthcare professionals’ ability to give Tracey the care she needed.

As well as making the rare finding of neglect, the Senior Coroner considered it appropriate to write two Prevention of Future Death (‘PFD’) Reports. The first will be sent to the Department of Health and Social Care because the Senior Coroner has serious ongoing concerns about resourcing in emergency departments. The second will be sent to University Hospitals Birmingham NHS Foundation Trust owing to a continued significant lack of understanding of sepsis.

The result of the inquest has been the subject of media attention (BBC, The Mirror, Birmingham Mail). The PFD reports are awaited and will be published here.

Anthony is a specialist in clinical negligence and healthcare-related inquests. He has significant experience in cases involving sepsis. His profile can be viewed here.

Sabina Rizvi was murdered in the early hours of 20 March 2003. Around a week earlier her boyfriend MW had, it was alleged, robbed PA of his Audi TT. In the subsequent days PA sought the assistance of Metropolitan Police Service in recovering the car while Sabina and MW sought to assert genuine ownership of it. On 19 March 2003 Sabina attended Bexleyheath Police Station to give a voluntary statement about her alleged purchase of the car. At the police’s request the car was brought into the Station by her boyfriend who arrived wearing a bullet proof vest. He was arrested and interviewed. Following his interview MW provided information about a threat to his life made by PA. He was released on bail. Within minutes of Sabina and MW leaving the station they were ambushed and shot multiple times. MW was very seriously injured. Sabina tragically died. PA was convicted of Sabina’s murder but his two accomplices have never been identified to the criminal standard of proof.

The inquest into Sabina’s death was resumed after a campaign by her family. It was held in Court No.1 of the Old Bailey before HHJ Rafferty KC sitting as Assistant Coroner, over 14 days. The inquest focussed on (1) whether the police deliberately notified PA and/or others of the whereabouts of MW; (2) whether the police inadvertently notified PA and/or others of the whereabouts of MW; and (3) whether the police knew or ought to have known that an attack would or might take place and whether steps could or should have been taken to prevent it.

After hearing extensive submissions, the Coroner concluded that there was insufficient evidence to leave any of these issues to the jury and directed the jury to return a conclusion on Unlawful Killing.

For press coverage see: https://www.bbc.co.uk/news/articles/ckd87z4nr5yo

https://www.bbc.co.uk/news/uk-england-london-68632098

John, James and Cecily appeared for the Metropolitan Police Commissioner. They frequently appear in high profile inquests and inquires and related litigation.

We are delighted to announce that Nageena Khalique KC has been awarded Advocate of the Year at The Women & Diversity in Law Awards 2024.

As the first female Asian deputy High Court judge in the Family Division and co-founder of Facefacts charity, Nageena has made significant contributions to diversity, equity, and inclusion within the legal profession.

Nageena’s work often champions the rights of vulnerable members of society, particularly in serious medical treatment cases that impact reproductive rights, sexual autonomy and religious beliefs.

In addition, she has provided mentoring and motivational speaking to aspiring female barristers and a Birmingham school with large cohorts of Muslim and Asian children.

For more details on Nageena’s practice, please click here.

Conrad successfully represented Luton Borough Council in the Court of Appeal in the Official Solicitor’s appeal of the decision of a High Court Judge that it was in the best interests of P, a young man with significant learning difficulties, not to travel to Afghanistan with his extended family, who had previously gained asylum in the UK but were planning a trip to their country of origin. In the first case of its kind, the Court of Appeal refused the Official Solicitor’s appeal on the basis that the first-instance judge had erred by giving too much weight to the Foreign Office Guidance not to travel.

Jamie Mathieson had previously successfully represented Luton Borough Council in the High Court.

Read more about Conrad’s practice here.

Read more about Jamie’s practice here.

Sophia Roper KC and Benjamin Harrison acted for the Official Solicitor in Aberdeenshire Council v SF, EF and Sunderland City Council [2024] EWCOP 10 where they successfully persuaded Poole J to refuse to recognise a Scottish Guardianship Order. The Guardianship Order purported to grant P’s mother the power to authorise the deprivation of P’s liberty for a seven year period without any means of effective review.

The court found that the Scottish Guardianship Order was made in a manner which (i) did not give P an opportunity to be heard in circumstances which (ii) breached of the principles of natural justice, and (iii) breached P’s fundamental human rights under Articles 5, 6 and 8 ECHR.

This case is the only reported example of the Court of Protection exercising its discretion to refuse to recognise a foreign protective measure which was made in another jurisdiction within the UK. Sophia and Ben were instructed by Caroline Hurst of Simpson Millar LLP.

Read more about Sophia’s practice here.

Read more about Ben’s practice here.