§ PUBLISHED JUDGMENT · 2008

Leeson v Marsden & Anor

[2008] EWHC 1011 (QB)·High Court (Queen's Bench Division)·13 May 2008

A woman with a spinal abscess was sent home from A&E and left with lasting spinal cord damage. Her first claim was issued in time but thrown out when her solicitors served it a day late, and this second, out-of-time claim was allowed to proceed.

Outcome

Claimant succeeded

Sum stated in judgment

Not stated

Claim type

Brain & Spinal Surgery Negligence

Decided

Liability decided at trial

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§ WHAT HAPPENED

The facts, in brief.

Defendant: A trainee general practitioner and United Bristol Healthcare NHS Trust

Injury: Undiagnosed spinal epidural abscess causing permanent spinal cord damage, weakness in all four limbs and bladder and bowel problems

Specialty: General practice / emergency medicine · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“A fair trial, in my judgment, is still possible.”
[2008] EWHC 1011 (QB) at [195] · read the full judgment

The money

No compensation figure appears; the only sum mentioned is an estimated solicitors' costs bill of about £11,000, not damages.

§ WHY IT MATTERS

What this case shows.

If solicitors miss a court deadline, the law does not automatically leave the claimant with only a claim against them. The court can let a fresh, late claim run against the original defendants where a fair trial is still possible.

About brain & spinal surgery negligence claims →

§ MORE BRAIN & SPINAL SURGERY NEGLIGENCE JUDGMENTS

Claimant succeeded

Dickinson v Newcastle upon Tyne Hospitals NHS Foundation Trust

[2026] EWHC 1574 (KB)·2026·Liability and damages decided at trial

A 37-year-old alcohol-dependent man admitted for a facial abscess was not given the prophylactic vitamin B1 (Pabrinex) that guidelines required during withdrawal, which the Trust admitted was a breach. The judge found this caused Wernicke's encephalopathy and a lasting functional disorder, and set the main heads of damages including a 24-hour care regime.

Breach was admitted, so the case turned on proving the brain injury was caused by the omission rather than by pre-existing conditions. It illustrates how catastrophic-injury awards are built from a care multiplicand, case management and accommodation rather than a single headline figure.

Claim failed

Hakmi v East & North Hertfordshire NHS Trust & Anor

[2025] EWHC 2597 (KB)·2025·Liability decided at trial

An orthopaedic surgeon had a second stroke and the on-call stroke consultant, assessing by telephone because the video link was broken, decided against clot-busting treatment. The judge found documentation was poor but that thrombolysis would probably not have changed the outcome, and rejected the defendants' allegation that the claimant had faked his test results.

Poor record-keeping and a remote consultation do not win a case on their own; the claimant must show the missed treatment would have made a real difference. A defence of dishonesty needs solid evidence and failed here.

Claimant succeeded

Dee v Welsh Ambulance Services NHS Trust & Ors

[2023] EWHC 2765 (KB)·2023·Damages assessed at trial

A man who fell from a scooter in May 2019 alleged the ambulance crew and the A&E department failed to recognise and immobilise a spinal injury, manage his blood pressure or protect him from pressure sores. On an interim payment application the Master was satisfied he would succeed on the hand-function and pressure-sore injuries and ordered £109,006.96.

Where the evidence of breach and causation is strong, a court can order a substantial interim payment before trial to fund immediate needs, even though the final award remains to be decided.

All brain & spinal surgery negligence judgments →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

This guide is general information about the law in England and Wales, not legal advice about your case. ClaimGavel is run by Costart Projects Ltd on behalf of Tomlin & Partners, a specialist medical negligence firm regulated by the SRA. The free assessment on this page is an AI overview to show you roughly where you stand; a solicitor confirms the position in a free, no-obligation conversation.