Themis Advocates

Tracey Brown success for Pursuer in Almond-Roots v Eljamel

Decision Issued – Ejamel In September 2021, Themis member, Tracey Brown, acted as Junior Counsel in a case reported by the BBC involving the surgeon Mr Eljamel, a former head of neurosurgery at NHS Tayside. The pursuer suffered life changing injuries as a result of her treatment and was awarded over £2.8m in compensation. The action concerned the surgeon’s involvement with the pursuer both in a private and NHS capacity. The decision of Lord Uist on the apportionment of damages between the Health Board and the MDDUS has now been issued [2021csoh130.pdf (scotcourts.gov.uk)].

The action was brought against NHS Tayside for the failure to respond to the findings of a MRI scan which indicated that the pursuer had a large central disc prolapse with evidence of cauda equina syndrome. Mr Eljamel decided she did not have the spinal condition and could have a scan as an outpatient. The case was also brought against Mr Eljamel who later reviewed the pursuer in his private practice and who then performed surgery.

Negligence was admitted pre-trial and the issue for the court was the extent of responsibility allocated to each defender. It was not argued that the later actions of Mr El Jamel broke the chain of causation. The court decided that Mr El Jamel was 100% responsible. The case raises interesting issues in cases where there are two or more defenders and considers apportionment of responsibility. [Surgeon Muftah Salem Eljamel ordered to pay £2.8m compensation bill – BBC News]

Clerks and contact

Elizabeth Archibald

John-Ross Morland

Themis Advocates Inaugural Conference

Thurs 8th Sep 2022

We are delighted to invite you to attend our Inaugural Personal Injury Conference which will take place on Thursday 8th September at the Sheraton Grand Hotel, 1 Festival Square, Edinburgh, EH3 9SR. The event is free to attend,  accredited for 3 hours CPD and open to all solicitors, trainees and paralegals.

1:00pm –  Registration & Refreshments

1:30pm – Introduction

1:45pm  – Alan McLean QC – Recent developments in limitation

2:30pm  – Michael Dempsey – QOCS: One Year On

3:15pm –  Refreshment Break

3:30pm – David James – Evidence, experts and issues at proof

4:15pm – Chris Miller – Quantum Update: Judicial Awards in Personal Injury and Fatal Accident Cases in Scotland

5:00pm – Conclusion

5:15pm – Drinks & Canapés for which all attendees are invited

Steven Walker QC to speak at the flagship event of Thailand Arbitration Center (THAC)

We are delighted to invite you to attend the flagship event of Thailand Arbitration Center (THAC) “International ADR Week 2022” with the most excited topic that you are looking for “Arbitration and ADR Beyond the Pandemic”. 

The webinar is entitled “Arbitration and ADR Beyond the Pandemic” and will feature Steven Walker QC of Themis Advocates.

14th July 2022 at 10:00 – 18:00 (GMT+7 Thailand time)

Please register from this link here

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