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The soundtrack features three new songs by Stuart, which are sung by the film’s cast: “Pretty When the Wind Blows”, “I Dumped You First”, and “I’m Not Rich”. The other songs are re-recorded or remixed versions of the album’s tracks performed by the cast. It also features the original version of Belle and Sebastian’s “Dress Up in You”, plus dialogue and bits of score from the film. Above, hear the new version of “God Help the Girl”, recorded by Belle and Sebastian and sung by Browning.
The film stars Emily Browning, Olly Alexander, and Hannah Murray; it was produced by Barry Mendel (Rushmore, Bridesmaids).
Tracklist for ‘God Help the Girl: Original Motion Picture Soundtrack':
01 I Suppose That Was A Prayer
02 Act of the Apostle
03 I Dumped You First
04 Pretty When the Wind Blows
05 I Know I Have to Eat
06 God Help the Girl
07 The Psychiatrist Is In
08 The God of Music
09 If You Could Speak
10 The Catwalk of the Dukes
11 Perfection As a Hipster
12 Fuck This Shit
13 Pretty Eve in the Tub
14 A Loving Kind of Boy
15 What Do You Want This Band to Sound Like
16 Come Monday Night
17 Collective Idiocy
18 I’m Not Rich
19 I’ll Have to Dance With Cassie
20 Stalinist Russia
21 Baby’s Just Waiting
22 Partick Whistle
23 Musician Please Take Heed
24 I Just Want Your Jeans
26 The World’s Last Cassette
27 Down and Dusky Blonde
28 Dress Up In You
God Help The Girl will have a special screening in Edinburgh followed by a live Belle & Sebastian set where we will perform some of our own songs alongside songs from the film (with God Help The Girl singers) at Edinburgh Corn Exchange during the Edinburgh Fringe Festival. The performance will be beamed across UK cinemas nationwide.
Date: 16 AUGUST 2014
5.00pm – Doors Open
5.30pm – Film Commences
THe film which will be in cinemas nationwide from 22 August stars Emily Browning, Olly Alexander and Hannah Murray and is written and directed by Stuart Murdoch.
For more info and a run down of participating cinemas CLICK HERE
GOD HELP THE GIRL is a coming of age tale set in Glasgow over the course of one hazy summer. Written, directed and with original songs by Stuart Murdoch, lead singer of the group Belle and Sebastian, GOD HELP THE GIRL is a story of a young girls problems entering adult life, uniquely told through a soundtrack of indie pop. GOD HELP THE GIRL stars Emily Browning (Sucker Punch, Magic Magic), Olly Alexander (Great Expectations and forth coming The Riot Club) and Hannah Murray (Skins, Game of Thrones) and was produced by twice Oscar-nominated producer Barry Mendel (Rushmore, The Royal Tenenbaums). The film premiered at the Sundance Film Festival 2014 and was awarded a special jury prize at the festival.
GOD HELP THE GIRL will be launching UK wide with a special live satellite screening across UK cinemas on 16 August 2014, followed by a nationwide release from 22 August 2014.
Glasgow band (us) seek undiscovered cover star for future record sleeve. Ideal candidates will look roughly 18-23, and be based in Glasgow or around. No experience in posing required but could be helpful!
To apply, just attach a recent photo in an email headed ‘cover star’ with your name, and contact details to: email@example.com
So since we’re in Austin in October we thought we’d drop by and say ‘hi’ to some of you good people in Florida, Atlanta, LA, and Phoenix!
Tickets go on sale Friday morning at 10am local time for all shows except Miami which goes on sale Friday 20th at 10am.
Sun-Sep-28 Miami, FL Fillmore Miami Beach at Jackie Gleason Theater
Mon-Sep-29 Orlando, FL House Of Blues
Wed-Oct-01 Atlanta, GA Tabernacle
Oct 03-05 Austin, TX Austin City Limits Music Festival
Mon-Oct-06 Los Angeles, CA, Theatre at Ace Hotel
Wed-Oct-08 Phoenix, AZ Civic Space Park
Oct 10-12 Austin, TX Austin City Limits Music Festival
Oct 11-12 Mexico City, Mexico Corona Capital Music Festival
It’s always a great pleasure to return to Italy, so with a song in our heart we are very happy to announce that we will be at Rocca Malatestiana on August 8th and at Ypsigrock Festival on August 10th.
So, here’s a quick run down of events in place for summer 2014 so far..
June 19th: ARENA, Vienna, Austria »
June 20th: SOUTHSIDE – Neuhausenob Eck, Germany (date tbc) »
June 21st: HURRICANE – Scheessel, Germany (date tbc) »
June 22nd: BEST KEPT SECRET, Holland »
June 25th: DR Concert Hall, Copenhagen, Denmark »
June 26th: BRAVALLA, Norrköping, Sweden »
July 28th: SANTIAGO, Spain, Santiago de Compostela, »
Looks like we’re heading to Austin in October to play at Austin City Limits Music Festival! After the amazing show we had in Austin last year we are super excited to be returning in 2014. The dates we’re playing have yet to be confirmed but we’ll be there over the weekends of Oct 3rd-5th and Oct 10th-12th.
For ticket info and full line up check out the festival website HERE
We’re super excited to be heading to Spain to play at Santiago de Compostela on July 28th!
For tickets go to: http://entradas.novagaliciabanco.es/es/Detalle/Belle-and-Sebastian
God Help The Girl will be screening at the Paramount Theatre in Austin this Saturday, March 15th, at 5pm.
(Note that it is possible to go to the screening without a badge or wristband from the festival. If any seats remain, single-admission tickets will be sold for $10 starting 15 minutes before show time).
Stuart will also be discussing his work on ‘God Help The Girl’ earlier in the day at Austin Convention Centre (room 16AB) at 2pm. For details click here
If you are heading to see the film, make sure you get along there in time to hear the simply charming Barton Hills Choir, who will be performing about 15-10 minutes before the screening at 5:00PM. They will be singing a mix of songs from the film and some Belle and Sebastian numbers.

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Brestrogen vs Mamonite: Although you can read both Brestrogen forum and Mamonite forum and try to choose one of these breast pills, you can use this page and directly compare Brestrogen and Mamonite.
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Brestogen is made up of natural ingredients such as Pueraria Mirifica – a plant compound from the Chiengmai forests in Thailand. There are no reported negative side effects.
The cream should be used for six months, and then reduced in half to keep the breast size. Thanks to Brestogen, you can see a two-cup size increase – a growth that also depends on your genetics.
Use the cream two times a day. You just need two to three drops to get the full effects. Massage the drops into your breasts until it’s been absorbed entirely.
Mamonite is a breast enlargement supplement in capsule form that contains highly concentrated herbal extracts, which imitate female hormones that promote breast enlargement and enhancement.
Mamonite herbal supplements specifically trigger only breast tissue growth.
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The dosage is 3 Mamonite capsules per day. You may take each capsule with a meal or a beverage. Take 3 capsules a day spread througout the day for best results. One capsules in the morning, afternoon, and night. Each bottle contains 90 capsules or a 30 day supply.
At first, you will feel that your breasts are firmer, and perhaps, rounder. You may feel mild tingling and soreness during this growth phase.
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In the last phase of growth, your breasts will reach their size and shape limit, that is genetically predetermined and different for every woman.
|More information Brestrogen Forum||More information Mamonite Forum|
Brestrogen vs Mamonite
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- Deal More Weapon Damage With Astral Spark
- Be A Firearm Specialist
- Additional Perks
- Best Classes For A Giff
While Dungeons & Dragons provides players with a wide range of character customization options, one of the earliest and most impactful choices you can make when creating a D&D character outside of your character's class is your character's race. Races not only provide a variety of gameplay benefits such as additional features, special traits, and sometimes even damage resistances, but they each of their own distinct lore that can help shape how a given character fits into the greater whole of the world of a campaign. While most races are native to Earth of the Material Plane, Spelljammer: Adventures in Space is home to several dynamic races that notably hail from beyond the stars.
One such race, the hippo-like Giff, is a great choice for those looking to build a character that can deal serious damage with their weapons or uniquely specialize in firearms. So we're going to dive into everything you need to know about playing a Giff in D&D's fifth edition!
Deal More Weapon Damage With Astral Spark
One of the most immediately noticeable features of the Giff race is their Astral Spark feature. This ability is representative of each Giff's ability to latently tap into the mystic power of the Astral Plane, channeling it through the weapons they wield. This ability allows a Giff to add additional force damage to one weapon attack on each of their turns equal to their proficiency bonus.
While this ability may only be activated a number of times equal to a character's proficiency bonus per day, this is free additional damage of one of the least resisted damage types in the game, all without requiring the use of one's bonus action. This means that Astral Spark can be stacked onto class features such as a Paladin's Divine Smite, a Rogue's Sneak Attack, or a Barbarian's additional rage damage to reliably push additional damage into your foes, with the ability's power scaling as you gain levels.
Be A Firearm Specialist
Though Astral Spark can ensure that a Giff is able to reliably deal serious damage with any type of weapon, Giff have the excellent benefit of being particularly skilled with Firearms. Firearm proficiency is among the most difficult to gain proficiencies in the game, with it normally being most accessible through the Gunner Feat.
Not only are Giff automatically proficient with Firearms, but they also ignore the loading property of these weapons (a trait shared with Gunner Feat), and they even ignore the disadvantage imposed by attacking with firearms from long range. This means that if wielding a Musket, a Giff has access to a 1d12 weapon with a reliable range of 120 feet, making it one of the best non-magical weapon options in the game, only held back by the steep 500-gold asking price of muskets.
Regardless of the high cost of firearms in D&D, this feature allows a Giff player to serve as a party's gunner regardless of the character's class, opening the door for a wide array of interesting gunner builds.
While their high damage output and expertise with firearms are the primary selling points of Giff for most players, they have additional perks and benefits that help round them out. First and foremost, it should be noted that regardless of their class, a Giff excels when it comes to their strength, not only having access to a doubled carrying capacity like a Goliath or a Bugbear, but also advantage on all Strength ability checks and saving throws. While a Giff character doesn't necessarily need to have a high strength stat, this helps make whatever strength they do have much more reliable.
Though far from a feature worth building around, as Giff resembles Hippos, it should be noted that this fact is alluded to in a fun inclusion of a swimming speed equal to a Giff's walking speed.
Best Classes For A Giff
While a Giff's ability to make the most out of firearms regardless of class allows them to serve as potent ranged combatants no matter what, their abilities are particularly well-suited for classes and subclasses that allow them to make the most out of their martial prowess and their Astral Spark ability. Astral Spark can allow a Giff to deal above-average damage, but it can only do so once per turn and as long as they're attacking with weapons rather than spells.
When creating a Giff adventurer, these classes are great options that mesh well with the race's strengths:
|Artificer||While Artificers are a class that automatically gains access to Firearm proficiency, Giff can allow them to further excel with these weapons. While the Artillerist subclass can be perfect for those looking to deal serious damage while blasting foes from afar, Giff Armorers can deal out serious damage whilst protecting themselves through their high AC.|
|Barbarian||Pairing Astral Spark and a Barbarian's rage can allow even a single blow from a Giff to hit like a truck. Though a Barbarian's additional Rage damage is only applied to melee weapon attacks, meaning it won't apply to attacks with Firearms, Firearm access still helps combat the Barbarian class's traditional drawback of little to no long-ranged combat options.|
|Fighter||As the Fighter class is built around attacking foes with weapons, Giff are among the strongest race options for those looking to play as a long-ranged fighter, as Giff can attack from long range with Firearms with no penalty. As Giff are also granted Strength-based benefits, they can excel as either Strength-based or Dexterity-based Fighters.|
|Paladin||Similar to a Barbarian's Rage, the benefits of Divine Smite only apply to melee attacks, meaning that it cannot be applied to a Giff's firearm attacks. Regardless, the ability to apply additional force damage to an already potent smite-fueled strike should not be taken lightly, while firearm access can function as an additional option to combat enemies from afar.|
|Ranger||As Rangers are already a class quite skilled at fighting from afar, access to Firearms only builds upon these strengths. Combining the likes of Hunter's Mark and Astral Spark can deal serious damage from afar. As subclasses like Fey Wanderer and Horizon Walker have features that can further augment the damage of one's attack, Giff Rangers are capable of causing massive damage from up to 120 feet away.|
|Rogue||Rogues are a class known for dealing substantial damage to foes in a single hit through their Sneak Attack feature. As a Giff can further augment the damage of up to one of their weapon attacks each turn, this means that Giff Rogues can cause said sneak attacks to deal all the more damage, all whilst providing access to an excellent ranged weapon option.|
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How The Bolam Test Case Affects Medical Negligence Claims
In this guide, we’ll explore the Bolam test case that’s often used in medical negligence claims today. In cases where a patient suffered further or avoidable harm under the care of a medical professional, this test can be used to ascertain whether the care provided was of an appropriate standard.
How The Bolam Test Case Could Affect A Medical Negligence Claim
Medical negligence is where a healthcare provider has administered a level of care that is below the standard expected of the profession. If you’ve been caused avoidable harm or a worsening of your condition as the result of medical negligence, you may be able to claim. The Bolam test can be used by courts to determine whether or not a healthcare professional was in breach of their duty of care.
In this guide, we will look in greater detail at the duty of care owed by healthcare providers and how this can be breached. Despite this, we expect you may have questions after you’ve finished reading this guide.
If this is the case, you can call our team. They can provide further clarification on anything you may be unsure of. Please get in touch on the details below:
- Call us on 0800 073 8804
- Chat with an advisor through the live chat box below
- An advisor can contact you at your chosen time; just fill out the contact us form
Select A Section
- A Guide On How The Bolam Test Case Applies To Medical Negligence Claims
- What Is The Bolam Test Case?
- Medical Practitioners Duty Of Care
- How Does The Bolam Test Case Apply To Instances Of Negligence?
- Is Bolam Always Applicable?
- The Limits Of Informed Consent
- Errors In Diagnosing A Condition
- Never Events Data And Statistics
- Calculate Compensation For A Breach Of Medical Duty Of Care
- Special Damages
- No Win No Fee Claims And The Bolam Test Case
- Speak To An Expert
- Useful Resources
- FAQs On The Bolam Test Case
Our guide will look in detail at the case of Bolam v Friern Hospital Management Committee  WLR 582. We will explore how this case brought about the Bolam test, which is a tool used to help to determine medical negligence.
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You may be wondering how much compensation you could claim in damages for the harm you have suffered. We’ll provide you with example figures for different injuries from the Judicial College Guidelines (JCG), a document often used to help value claims alongside other evidence.
Don’t forget, if you have any questions after reading our guide, you can call our team on the number at the top of the page. Alternatively, continue reading for more information.
In medical negligence claims, the Bolam test is where a panel of medical professionals present their opinion on whether one of their peers acted within the standard of their profession. The panel is made up of healthcare providers who are trained in a similar field and who have knowledge on the appropriate standard of care required.
Within the Bolam test, the correct standard of care is a matter of medical judgement. For that reason, medical professionals within a similar field to the defendant doctor or healthcare professional will be called upon.
They look at a case and confirm whether the level of care administered was of an acceptable standard. If they find that the defendant doctor provided the right level of care, then no negligence will be said to have occurred.
Bolam v Friern Hospital Management Committee
The Bolam v Friern Hospital Management Committee  WLR 582 is a case between a patient and mental health facility. The patient voluntarily underwent electro-conclusive therapy (ECT). However, before the therapy, the doctor didn’t give him muscle relaxants to prevent muscle contractions or spasms, despite knowing that these can occur as a result of ECT and have a risk of causing fractures.
The patient suffered serious injuries, including a fractured hip joint, for which he claimed compensation. He claimed negligence for not being:
- Given the muscle relaxant
- Given any restraints
- Informed of the risks
However, the decision was in favour of the hospital, as the Court found the doctor had followed normal practice. The normal practice did not involve giving patients muscle relaxants or providing restraints. Therefore, the Court held that he provided the correct standard of care in relation to that form of treatment.
Every healthcare professional owes their patients the correct standard of care. They should also be open and honest when dealing with patients regarding their treatments. The following sections will look at these responsibilities in more detail.
What is a duty of care?
In accordance with the General Medical Council (GMC), doctors are required to provide the correct standard of care to all of their patients. This includes things like:
- Making their patient’s care their first concern
- Being competent and keeping their professional knowledge and skills up to date
- Taking prompt action if the safety of their patient is compromised
- Being open, honest and acting with integrity
Failing to do so could result in a patient suffering avoidable harm through negligence.
What is a duty of candour?
In addition to providing the correct standard of care, medical professionals should act with candour when dealing with their patients. According to the GMC, this includes:
- Being open and honest with patients when something goes wrong with the treatment
- Apologising to the patient or person advocating for the patient
- Offering an appropriate solution to correct things
- Fully explaining the short and long term effects of the situation
If you would like to know more about the responsibilities that a healthcare provider owes to you, why not speak to a member of our team today? One of our advisors could offer you a free, no-obligation valuation of your claim.
It’s important to be aware that not all harm suffered in medical procedures is caused by the doctor’s negligence. There are some instances where a doctor could cause you additional harm while adhering to the standards of their profession.
For instance, you may go to the hospital with a badly crushed and broken arm. The injuries to the arm mean that it must be amputated. While this procedure causes you additional harm, it’s a necessary part of your treatment, and your doctor would not be considered negligent for performing it.
Cases of medical negligence involve a doctor directly causing you harm or your condition to worsen. If the correct standard of care could have avoided the harm or worsening of your condition had they provided you with the correct standard of care, then this is an example of medical negligence.
It can be difficult for people outside the medical profession to determine whether a certain action breached the duty of care or not. Because of this, a panel of the professional’s peers will be asked if the level of care was of an acceptable standard.
The Bolam test was used in the case of Sidaway v Board of Governors of Bethlem Royal Hospital (1985). This case involved a woman who was offered surgery for back and neck pain. However, the doctor didn’t inform her of the 1-2% risk of paralysis that the procedure carried.
She underwent the procedure and suffered paralysis. This led to her making a claim on the grounds that, had the doctor told her the risks, she wouldn’t have consented to the surgery. However, the judge ruled in favour of the doctor after applying the Bolam test.
It provided expert evidence from a responsible body of neurosurgeons that not disclosing risks with a percentage this low was normal practice.
An argument was made for informed consent but was rejected on the basis that the Bolam test should always be applied when considering whether a doctor was negligent. The judge ruled that medical negligence should be decided based on expert medical evidence from a panel of medical professionals in the same field.
In the next section, we will look in greater detail at the role played by informed consent in medical negligence cases that use the Bolam test.
The Human Rights Act 1998 gave individuals in the UK recognised autonomy over their own bodies. Informed consent says that a person must be given all of the information about what their treatment involves. This includes:
- Benefits or risks
- Alternatives to the treatment suggested
- What will happen if they opt to have the treatment
However, it has been argued that there are limits to informed consent. For instance:
- It can be difficult to explain all the risks to patients in a way they will understand
- A patient may not understand the extent of their condition or treatment suggested to them
It can be argued that patients can’t fully consent to something if they don’t have a full understanding. Because of the existence of factors like those listed above, it may be difficult for healthcare providers to obtain informed consent from their patients in all circumstances.
Montgomery v Lanarkshire Health Board  AC 1430
The Montgomery v Lanarkshire Health Board  AC 1430 case involved Nadine Montgomery. She had diabetes and a small body frame and was due to give birth to a large baby. She gave birth vaginally but experienced complications caused by shoulder dystocia. This resulted in cerebral palsy.
Montgomery sued for negligence on the grounds that she hadn’t been informed of the risk that this complication posed when giving birth vaginally, despite the fact that she asked if her baby’s size could have posed a problem. She stated that if she had known, she would have opted for a cesarean section. The judge ruled in her favour on the basis that doctors should tell patients what they want to know rather than what they think the patient should know.
There have been a few cases involving misdiagnosis or delayed diagnosis where the Bolam test has been found to have limitations. In particular, the Muller v King’s College Hospital NHS Trust  QB 987 case.
This involved a histopathologist who failed to diagnose a malignant melanoma. Eventually, the correct diagnosis was given but the delay meant cancer had spread and the patient needed more extensive treatment.
The NHS Trust used the Bolam test argument to show that the misdiagnosis wasn’t through negligence. They stated that any histopathologist acting with reasonable care and skill could have made the same mistake.
However, Muller argued against the use of the Bolam test in this particular circumstance. They argued that in cases of “pure” diagnosis, there is limited scope for a difference in opinion. For instance, when a scan is performed to diagnose the condition, the interpretation of the results are either right or wrong.
In “treatment” diagnosis, however, a doctor might recommend a certain course of treatment or further diagnostic test, and a range of these may be considered reasonable.
In the end, the judge used the Bolam test but considered the limitations when looking at negligence in cases involving pure diagnosis.
A “never event” is defined by the NHS as a serious incident that could have been prevented by following the safety recommendations and guidance that are in place to ensure they don’t happen. The Never Events List 2018 provides examples, such as:
- Wrong-site surgery
- Wrong implant or prosthesis
- Retained foreign object post-procedure
- Medication e.g. administered incorrectly or the wrong dosage given
- Scalding patients
- Falls from poorly restricted windows
According to NHS England, there were a total of 131 serious incidents that met the definition of a never event. The graph below shows the nature of the 131 never events that occurred between April and July 2021.
As you can see, the most common was wrong-site surgery. There were 56 instances of this happening in this time frame.
When putting forward a claim for medical negligence, you’re entitled to claim compensation for your physical and emotional suffering. This can be claimed under general damages. The extent of your injuries will be considered, including how severe they are and how badly they have impacted your quality of life.
The table below looks at some of the different injuries you could have suffered due to medical negligence and how much you could claim for them. The figures have been taken from the Judicial College Guidelines (JCG), which is a document that can be used by legal professionals to help value claims.
|Harm suffered||Additional details||Compensation award|
|Female reproductive system||Sterilisation that failed and led to an unwanted pregnancy but no serious psychological impact or depression.||In the region of £9,570|
|Female reproductive system||Delayed diagnosis of ectopic pregnancy that doesn't affect future fertility.||£3,180 to £19,170|
|Female reproductive system||Failure to diagnose an ectopic pregnancy causing infertility.||£31,950 to £95,850|
|Kidney||Where both kidneys have been seriously and permanently damaged or lost.||£158,970 to £197,480|
|Bowel||A penetrating injury that has caused some permanent damage but where some normal function will return.||£11,820 to £22,970|
|Hernia||Ongoing pain that impacts or limits physical activities after repair.||£13,970 to £22,680|
As part of your claim, you will usually be invited to an independent medical assessment. Here, a medical expert will assess your injuries. They’ll then provide a medical report that details the extent of the harm you’ve suffered, which will be used to help value your claim.
For more information on how your claim may be calculated, get in touch with our team using the number at the top of the page.
We understand that when you’ve suffered injury or a worsening of your condition, it can impact your ability to work or take care of yourself. It may also mean that you incur costs that you would not have done if you hadn’t been injured or made ill. For this reason, you’re entitled to claim compensation for these additional costs incurred. The part of your settlement that covers these costs is called special damages.
Special damages might include the following:
- Loss of earnings
- Cost of care for yourself or for someone else dependant on you
- Travel expenses
- Additional medical care such as physiotherapy or counselling
However, you will need evidence in support of your claim for special damages such as:
- Receipts for care costs or additional medical care
- Payslips for loss of earnings
- Invoices for any services you’ve required
If you aren’t able to provide evidence of the costs you have incurred, you may find it difficult to claim back the full amount of the special damages you’re owed.
Under a No Win No Fee agreement, you won’t be asked to pay solicitor fees in the event that your claim is unsuccessful. They won’t ask you to pay any ongoing fees and won’t request anything in order for them to start work on your claim.
If your claim is successful, you will be required to pay a small success fee that is deducted from your compensation package. However, your solicitor will make you aware of this before you agree to submit your claim on this basis.
Furthermore, it can be beneficial if you’re concerned about the legal costs often associated with legal representation. If you use a No Win No Fee solicitor, this can allow you to avoid upfront costs and any additional costs incurred over the course of your claim.
Additionally, medical negligence claims can often be complex. For that reason, it can help to have a solicitor experienced in handling these types of cases and helping you get the compensation you deserve.
If this is something you want to discuss further, our team can assess your claim to see whether it’s valid. If it is, they can appoint one of our medical negligence solicitors to represent your case. A solicitor can then advise on the next steps you may need to take.
We understand that we have covered a lot of information so if you have any questions, please don’t hesitate to get in touch with our team.
They are available 24/7 to either answer your questions or determine whether the claim you hold is valid. So, why not contact us on any of the following:
- Call us on 0800 073 8804
- Chat with an advisor through the live chat box below
- An advisor can contact you at your chosen time, just fill out the contact us form
See our guide for information on claiming compensation for a birth injury.
If you’re looking to make a claim against the NHS for negligence, our guide could help.
For further details on how to claim for medical negligence, see our guide.
See the General Medical Council for more information on their involvement in doctors duty of care.
Visit NHS Resolution to see the role they play in claims made against the NHS.
See the government website for guidance on raising a complaint against the NHS.
The following section will look at some questions often asked about the Bolam test with regards to medical negligence claims.
Is the Bolam test still used?
Yes, courts still use the Bolam Test to determine whether a healthcare provider has breached their duty of care.
Is the Bolam test enough to determine negligence?
Although the Bolam test can help to determine whether a doctor has acted negligently, some recent cases have highlighted its limits in certain medical negligence claims.
Has the Montgomery v Lanarkshire health case changed things?
The Montgomery v Lanarkshire case has highlighted the limitations of the Bolam test when discussing cases of informed consent in medical negligence claims.
We hope you found our guide exploring the Bolam test case in relation to medical negligence claims useful. Thank you for taking the time to read.
Written by Mitchell
Checked by Stocks


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The Etkin Student Scholars Program is designed to immerse its participants in the thriving real estate industry in Colorado. From Fall through Spring, the participants will attend ULI Colorado events, and committees, become volunteers, and network with ULI members to enhance their scholastic endeavors and learn the benefits of ULI membership.
Scroll down to view the 2023-2024 application.
Students in their 4th year in undergraduate or graduate real estate, business, architecture, planning, and related land use/business/real estate programs at Colorado colleges and universities are eligible to apply. ULI Colorado will select 15-25 students based on completed applications. The program begins in November 2022 and extends through April 2023. Upon successful program completion (one excused absence allowed), each Student Scholar receives a one-year ULI membership with commensurate benefits.
Student scholars will have access to:
• Exclusive student scholarship events
• The 1,400-member ULI Colorado community of developers, architects, bankers, brokers, construction managers, planners, public officials and many more disciplines
• ULI Colorado’s 200+ Young Leaders
• Insider tours of innovative new projects
• Career advice from industry leaders
• ULI Colorado staff and committees
• ULI’s global network of research, publications, case studies, and webinars
“Thanks to the ULI Colorado team, EJSS mentors and sponsors for investing in the next generation of real estate professionals. The ESS program provided invaluable opportunities to network with like-minded peers, learn from experienced mentors and industry experts, and get a first-hand look at the vibrant real estate industry in Colorado. I highly recommend all students interested in real estate, land use, or urban planning apply for this program!”
– J.D. Candidate, 2023 | University of Denver Sturm College of Law, Master of Urban and Regional Planning, 2020 | University of Colorado Denver, and former EJ Student Scholar
“The Etkin Student Scholar program is an excellent opportunity for students to begin a career-long involvement with the Urban Land Institute (ULI). I applied to the program to supplement academic coursework in real estate development with real-world learning. I recommended the ESS program to fellow students because of the fantastic opportunities to learn from and network with Denver’s real estate development professionals.”
– May 2020 CU Denver graduate (Master of Urban Design & Master of Urban and Regional Planning) and former Etkin Student Scholar
Each scholar will spend up to 27 hours (or 3 hours per month) participating in projects, including:
- Four special events (attendance required, one excused absence allowed) linking scholars with ULI Colorado leadership
- ULI Colorado monthly events and activities with scholars highlighted
- Meet leading ULI members one-on-one, targeted to scholars’ real estate interests
- The opportunity to attend ULI Colorado committee meetings with guest speakers
Eligible applicants will be current undergraduate students in their senior year, or graduate students enrolled in the affiliated universities in real estate, construction management, architecture, planning, finance, business, or other fields related to real estate and land use.
Applications for Fall 2023 are now open!
Submit your 2023 Application Here
Fall 2023 – Spring 2024 Calendar:
- Applications close – Tuesday, October 3rd
- Students will be notified of their acceptance – Friday, October 6th
- National Virtual Etkin Scholars Kick-Off – Wednesday, October 11th
- Local Introductory Happy Hour – November – TBD
- Winter Semester Student Dinner – December – TBD
- Spring Student Dinner – April – TBD
- Local Student Graduation – TBD
- National Virtual Commencement – June 5th
*This calendar is subject to updates and changes. All students will be notified via email in the event of these updates or changes.
Academic partners include:
- Colorado State University, Everitt Real Estate Center
- University of Colorado Denver, College of Architecture and Planning
- University of Colorado Denver, Daniels College of Business, Franklin L. Burns School of Real Estate and Construction Management
- University of Denver, Sturm College of Law
- University of Colorado Boulder, Leeds School of Business
- University of Colorado Boulder, Leeds School of Business Real Estate Center
- University of Colorado Boulder, Program in Environmental Design
Generously sponsored by Bruce Etkin of Etkin Real Estate Partners.

domain: geography


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Gecko debuts at Top Drawer in bid to reach non-specialist jewellery stockists
Gecko Jewellery has announced it will be showcasing at Top Drawer for the very first time.
The company will use the event, which takes place at Olympia January 15-17, to showcase its Orla Kiely Charm, Fiorelli Fashion, Fred Bennett and D for Diamond brands.
The decision to take part in Top Drawer is part of Gecko’s 2017 marketing strategy, which sees the company deliberately reaching out to a wider retail audience.
“These key collections are particularly suitable for non-specialist jewellery stockists who are looking for strongly design-led products which make great gifts and also impulse self-purchases,” explains the company’s creative director, Desiree Pringle.
As Pringle is keen to point out the Orla Kiely Charm range is created in close collaboration with the designer herself. It mirrors her signature look and creates a perfect add-on for retailers who already stock Kiely’s homeware or fashion lines.
For Fiorelli Fashion, Gecko’s in-house design team works closely with the Fiorelli handbag team to ensure that the brand’s on-trend selection of stylish earrings, necklaces and bracelets sit perfectly alongside their branded bags.
Fred Bennett, the company’s well-established range for men now includes a number of gift items such as stylish leather wallets as well as its timeless and enduringly popular stainless steel and leather bracelets and matching neckwear.
D for Diamond is a silver and real diamond collection of jewellery and gift ideas for children and provides excellent christening gift and new baby options.
All of the Gecko ranges on show at Top Drawer are backed by high-quality packaging, point-of-sale displays, catalogues and excellent product and lifestyle photography.
Pringle adds: “We are excited be to going to Top Drawer and are looking forward to meeting up with potential new stockists who may not perhaps visit the specialist jewellery events where we exhibit more regularly.”

domain: design


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Why You Definitely Should Not Be Dreading Winter in Utah
It’s supposed to snow in the Salt Lake Valley this week. If you’re like me, you’re feeling a little tiny bit of dread. Winter in Utah can be cold, slushy and grey, but it’s not always that way. Let’s remember just how great our state is…even in the winter. These photos might make you feel a little bit better.
What’s your favorite thing about winter in Utah?
Utah In Your Inbox
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domain: travel


More rain may be on the horizon for Texas
Updated 10:49 am, Friday, August 10, 2012
Weather forecasters raised their Atlantic storm estimate Thursday, but with a caveat that could benefit drought-parched Texas and the Southwest.
The National Oceanic and Atmospheric Administration said it expects 12 to 17 named storms this year, compared to a range of nine to 15 predicted in late May.
“We are increasing the likelihood of an above-normal season because storm-conducive wind patterns and warmer-than-normal sea surface temperatures are now in place in the Atlantic,” said Gerry Bell, NOAA's lead seasonal hurricane forecaster.
The caveat is the development of a weak-to-moderate El Niño weather pattern, which the U.S. Climate Prediction Center said in its monthly report is almost certain to occur this month or next.
- Sinkhole discovered on the West Side 21 Pro Video
- Timelapse shows icy cold front moving into San Antonio Courtesy AJ Pena
- SAPD: 2 ejected during rollover crash on U.S. 90 San Antonio Express-News
- Overnight in S.A. metro, Jan 17-18 San Antonio Express-News
- Donors rally to support medical student’s widow, children San Antonio Express-News
- San Antonio Boy Attempts Icy Stunt by Jumping on Slick Trampoline Storyful
- Car drives off bridge near downtown S.A. during storm San Antonio Express-News
- Woman in England surprised with tickets to see Rascal Flatts at San Antonio Stock Show & Rodeo San Antonio Express-News
- San Antonio man records burglar breaking into home, shares over social Courtesy
- San Antonio firefighters escape home engulfed in flames Saturday night Courtesy
El Niño tends to reduce Atlantic storm activity, but it also is associated with increased rainfall in Texas.
“Since the late '90s, Texas has been the only place in the U.S. that received significant impact from El Niño events,” Wolter told the magazine.
His forecasts calls for greater rainfall in Texas and the possibility of increased precipitation in New Mexico, Colorado and the Midwest.
The prospect of El Niño-fueled rainfall led the San Antonio Water System to hold off on Stage 3 water restrictions, which limit lawn watering to once every other week.
The restrictions can be triggered when the Edwards Aquifer drops below 640 feet. The J-17 monitoring level fell below that level Wednesday and Thursday.
“You can expect water levels to extend upwards because demand is going to drop and you are going to get some rain, especially with El Niño predicted,” Geary Schindel, chief technical officer at the Edwards Aquifer Authority, said Wednesday.
Forecasters changed the seasonal outlook for the Atlantic storm season because of low wind shear and warmer sea surface temperatures in much of the Atlantic basin the Atlantic Ocean, Caribbean Sea and Gulf of Mexico.
Sea surface temperatures in some areas are a degree or two above average, an ideal breeding ground for hurricanes.
Six storms already have formed this season, which got off to an early start with four named storms in June, a first since the National Hurricane Center began keeping records in 1851.
However, with the bulk of Atlantic activity likely to occur during the next six to eight weeks, El Niño may come too late to have that much of an effect.
“El Niño is a competing factor, because it strengthens the vertical wind shear over the Atlantic, which suppresses storm development,” Bell said. “However, we don't expect El Niño's influence until later in the season.”
Tropical Storm Ernesto made landfall Thursday near the port city of Coatzacoalcos on the East Coast of Mexico.
It reached hurricane strength shortly before landfall Tuesday night near the cruise ship port of Mahahual in Yucatan, but it weakened as it crossed the peninsula.
The Houston Chronicle, Associated Press and Tampa Bay Times contributed to this report, which includes material from the Express-News archives.


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As soon as Pfizer and BioNTech’s vaccine formulations are approved for children under 5 years of age, which is expected in the coming weeks, vaccines will become available for this age group.
The companies will apply for an emergency marketing authorization for their vaccine with the U.S. Food and Drug Administration (FDA), according to The Washington Post. Vaccines are expected to be available for use by the end of February. The publication article says:
“The idea is to go ahead and start looking at two doses. If the data are good (…), the two main doses can be started in children a few months earlier than if we waited for the data to be collected for the third dose.”
Last month, Pfizer announced that the latest data from clinical trials in children under five years of age is expected in April. She changed her studies to add a third dose, which should be given 8 weeks after the second. This adjustment was made because children aged 2-4 years who received 2 doses of 3 mcg produced a smaller immune response than older children who received a large dose.
The Greek scientist, professor of microbiology Spyros Pournaras, speaking about cases of coronavirus in children, emphasized that the spread of omicron is “the main reason why children should be vaccinated. Pediatricians consider it necessary. Greek children, compared to other countries, are vaccinated in small numbers. Children are not at risk if they are vaccinated. Parents should be aware of this. This is a reservoir of infection that will not decrease as long as children remain unvaccinated.”


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Look at that face! She looks just like our Boston, Ginger! She is 20 months old & is a very loving little pet! This is our third Boston over the years...
<3 Boston Terriers
Boston Terrier Painting. Boston Terrier dog art portraits, photographs, information and just plain fun. Also see how artist Kline draws his dog art from only words at drawDOGS.com #drawDOGS
Unique Handmade Boston Terrier Dog Mailbox
LOVE Boston Terrier Measurments and details: 11 x 17 inches on archival quality paper I only use the highest quality paper and ink in my prints.
Boston Terrier Art
1935 Red Heart Dog Food Ad ~ Robert Dickey Boston Terriers
Image of Black And White Boston Terrier Dog Earrings, Jewelry, Animal, Retro, Cute, Geekery, Nerd, Trendcore

domain: pet


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Lot 823: ART DECO DIAMOND AND BLACK ONYX PENDANT. The flex
November 30, 2016
Portland, OR, USALive Auction
Description: ART DECO DIAMOND AND BLACK ONYX PENDANT. The flexible 18k white and yellow gold pendant having two elongated, open hexagonal black onyx and 30 round-cut diamonds pave' set in white gold. Total estimated weight for all diamonds: 1.90 cttw. Pendant length: 1-7/8 inches.


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Welcome to the forum of choice for President Donald J. Trump!
Be advised this forum is for serious supporters of President Trump. We have discussions, memes, AMAs, and more. We are not politically correct.
Our community is a high-energy rally for supporters of President Trump.
No forum sliding, consensus cracking, topic dilution, etc.
No racism, including slurs, non-factual content, and general unfounded bigotry.
No doxxing of yourself or others, including revealing PII of non-public figures, as well as addresses, phone numbers, etc. of public figures.
Follow the Law
No posts or comments that violate laws in your jurisdiction or the United States.
Promoting products, fundraising, or spamming web properties in which you have an interest is not permitted.
Questions and Concerns
All moderation questions and concerns should be expressed privately to the moderators..
You represent the movement against communism – your posts and comments may become news.

domain: politics


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2 The view from the balcony, including the railway, perfect!
3 99 7237 struggles for adhesion approaching the crossing at Westerntor with the 08:55 from Wernigerode to Brocken.
4 The famous level crossing through the crossroads at Westerntor with 99 7237 heading for the Brocken.
5 Looking towards the centre of Wernigerode with the Westerntor (Western Gate) prominent.
6 A bronze depiction of Wernigerode which is outside of the tourist office.
7 A deserted main square in Wernigerode on a quiet Sunday morning.
8 Lovely wood carvings on the town hall in Wernigerode.
9 More fantastic painted wood carvings.
10 Looking out into the street from the entrance hall at the excellent Kartoffelhaus restaurant.
11 The streets of Wernigerode were deserted on this Sunday morning.
12 A weather vane which will have seen some events since 1939.
13 The view along Breite Strasse as Wernigerode comes to life.
14 Cafe Wien on Breite Strasse, just one of many lovely buildings in Wernigerode.
16 Further along Breite Strasse and out of the pedestrian zone.
17 A house with some interesting wooden features on Breite Strasse.
18 A very ornate frontage on Breite Strasse.
19 The amount of time and work which went into this wooden frontage must have been considerable.
20 Looking up to the Schloss.
21 The view along Pfarrstrasse.
22 And the view along Grüne Strasse.
23 Most of the snow had melted but there was still the odd patch to be found in more sheltered places.
24 Wernigerode HSB depot has “Red Camel” 199 874 waiting for something to do as 99 7234 goes off shed ready to haul the 10:25 to Brocken.
25 99 7234 and 199 872 at Wernigerode station.
26 V100 199 872, formerly a standard gauge loco, stands at Wernigerode station. These locos were regauged in the late 1980s to replace the 2-10-2t “Brockenloks”. Fortunately, the fall of Communism saw the steam saved for future service. These diesels are now largely used on empty stock workings around Wernigerode.
27 The 2-10-2s have plenty of domes and other attachments on top of the boiler!
28 No photos!!
29 The fireman on 99 7234 doses the powder water treatment from the box on top of the smokebox.
30 Looking towards Wernigerode at a grey Halberstadt. The railway water tower, now no longer needed, dominates.
31 A pair of HEX units at Halberstadt.
32 Looking east at Halberstadt, once a busy place. The steam shed stood between the station and tower in the distance.
33 The much improved Halberstadt station is now a major point of interchange on the railways of the Harz.
34 Blankenburg-Harz, a station which had seen much better days…..
35 There is still some freight at Blankenburg.
36 Tom and the railcar which had brought us from Halberstadt.
37 Blankenburg is the start of the Rubelandbahn, the steepest adhesion worked railway in Germany at around 1 in 16. The line was electrified in the 1960s to ease operations. It remains an isolated section of electric operation.
38 Trains arrive from and depart to other parts of Germany diesel hauled. Stood at Blankenburg station was this pretty ugly Voith Maxima 30 CC diesel hydraulic.
40 Must have been something to look at…..
41 Blankenburg station has some impressive but now sadly very underused buildings dating back to when the line was much busier.
42 In Blankenburg, near to the station.
43 Looking towards the town centre of Blankenburg, a town which still has the air of East German days about it.
44 Bored now…..
45 There are signs of recovery in Blankenburg with several buildings having been nicely restored.
46 Wooden clad buildings in Blankenburg.
47 More grand old buildings in Blankenburg.
48 A nice old building in need some of some TLC.
49 Blankenburg railway works, much quieter than it was.
50 The reason for heading over the Blankenburg, standard gauge 2-10-2t 95 027. Built by the KPEV (Prussian State Railways) as a class T20.
51 95 027 in Communist days?
52 95 027, overhauled at Magdeburg, based at Blankenburg.
53 Looking forwards along the motion.
54 Crank pin and knuckle detail.
55 Water tank gauge.
56 95 027 at Blankenburg depot.
57 171 002, one of the electric locos used on the Rübelandbahn between electrification and 2005.
58 Diesel shunter ‘Rapante 8’ at Blankenburg.
59 95 027 sets back at Blankenburg depot.
60 The KPEV T20 is an impressive beast with what appears to be small water tanks for the size of loco.
61 A wooden framed building in need of serious attention.
62 On the footplate on 95 027, looking over at the driver’s side.
63 The fireman’s side of the footplate on 95 027.
64 An unusual feature of 95 027 is the staggering of the gauge glasses, done to better see the water level on severe gradient changes.
65 A view into the firebox through 95 027’s Marcotty Firehole door.
66 Driver’s notices.
67 GSM-R D, a bit different to the UK version.
68 95 027’s motion and under the boiler a feedwater heater.
69 At the front of 95 027, above the dustbin sized cylinder, is a cross compound air pump made by Knorr.
70 Don’t drink the water…..
71 Inside the shed at Blankenburg is out of ticket 50 3708. This class 50 is an East German Reko loco.
72 50 3708 last ran on September 21 2014.
73 A piston valve of the Schulze type. Similar in thinking to the Trofimoff valve but with springs between the valve head components.
74 The back end of Reko 50 3708.
75 I am really not sure why there is the top half of a manikin on the footplate!
76 Cabside of 50 3708.
77 Built in 1941 and reconstructed in 1962.
78 Bufferbeam detail which tells that the locomotive was given a main overhaul at Mansfelder Lokomotiv Werkstatt, being released to traffic on 22 September 2006. K7 refers to the type of repair, LBK indicates it is allocated to Blankenburg and the next overhaul fell due on 13 May 2011.
79 171 002 head on at Blankenburg depot.
80 Tom looks for some fan action but was disappointed.
81 The group at Blankenburg depot, from the left Stu, me, Pete, Tom and Roland.
82 95 027 waits time at Blankenburg depot.
83 A side road at Blankenburg depot.
84 The Rübelandbahn climbs out Blankenburg to the reversing station at Michaelstein. Here 95 027 runs-round its train in the snow.
85 The short train hauled by 95 027 was well filled.
86 95 027 runs-round at Michaelstein.
87 95 027 finds a hint of brightness at Michaelstein.
88 95 027 is now at the head of the train and ready to set off for Rübeland.
89 The snowy scene on the descent towards Rübeland.
90 Ready to cut off and go for servicing following arrival at Rübeland. The railway continues from here but the steam service does not.
91 95 027 at a snowy Rübeland station.
92 As in so many places the station building at Rübeland is huge. Was it ever fully utilised?
93 There is no longer a regular passenger service to Rübeland but the station is kept in good order.
94 A moment of weakness from Tom, a smile for the camera.
95 The impressive station building at Rübeland.
96 Rübeland signalbox.
97 Following on from a discussion around all photographers being a pain (to be polite!) Tom photobombs at Rübeland.
98 95 027 takes water at Rübeland. Normally it would run to the small museum nearby which hosts one of the original 2-10-2t locos used on the line, a loco named “Mammut” (Mammoth). Unfortunately, this was not possible due to incomplete track repairs. When at the depot “Mammut” is normally pulled out for display alongside the T20. Next time…..
99 The snowy scene at Rübeland.
100 A view up the partial frozen river Bode alongside the station building at Rübeland.
101 Having taken water 95 027 runs-round at Rübeland.
102 A well cared for wooden church at Rübeland.
103 Looking towards Blankenburg at Rübeland. As is normal in German there is no fence on the railway.
104 The route of the Rübelandbahn has been altered over the years. The line now climbs away from Rübeland sooner and less steeply than it once did. The old route diverged at this point (marked by the red track marker) running lower down before passing through a tunnel and up another section of 1 in 16. The museum containing “Mammut” is off to the right.
105 All freight trains on the Rübelandbahn are top and tailed to save running round at Michaelstein. The tale engine on this train, 185 641, brings up the rear in Rübeland.
106 The river Bode contains a fish ladder at Rübeland.
107 The new Rübelandbahn route climbs fairly sharply out of the valley, the old route is under the snow on the right.
108 A largely frozen weir on the river Bode.
109 95 027 repeats its running round at Michaelstein on the way back to Blankenburg.
110 95 027 at Michaelstein.
111 95 027 runs-round in the last of the light at Michaelstein.


The University of Queensland deep sea research has dug up an insight into the evolutionary past of some of the earliest animals.
Professor Justin Marshall, from UQ's Queensland Brain Institute and School of Biomedical Sciences, was part of an international team who found grape-like balls – called giant protists – off the coast of the Bahamas that cast doubt long-held views about the evolution of multi-cellular organisms.
“We saw these single-cell organisms leave tracks that are similar to tracks found in the fossil record which were believed to have been made by multi-cellular organisms,” Professor Marshall said.
“This is the first evidence that organisms other than multi-cellular animals can produce such traces. The discovery throws into doubt when people believe multi-cellular life began.”
The fossil record of tracks like these date back 1.8 billion years, way before the earliest fossil record of the animals themselves which were found in the early Cambrian period of around 542 million years ago.
Professor Marshall said the organisms were spotted during a deep sea expedition last year but it was only by chance the scientists knew they had stumbled upon something unique.
“The tracks they made were like long furrows in the sea floor,” he said.
“Initially we thought the tracks might have been made by the ocean currents, but we saw them roll themselves along the sea floor, even up hills. We recognised the tracks these animals had made as similar to those known only from the fossil records. One of us remembered a paleontological book cover he had seen.”
“It was just one of those things, as we were not there looking for this at all. It really just shows the nature of science how we can stumble upon these things."
He said the deep sea research involved colleagues from America and use of the Harbour Branch Oceanographic Institute in an expedition called “Deep Scope” to the depths off the Bahamas to 1km. The US National Oceanic and Atmospheric Administration's Office of Ocean Exploration and Research significantly funded several years of the interdisciplinary research that led to this discovery.
“This really shows the importance of going to places where people have not been before,” he said.
The research was recently published in the scientific journal Current Biology.
For more information, please contact:
QBI Communications Office
Tel: +61 7 3346 6434
Notes to the Editor
QUEENSLAND BRAIN INSTITUTE
The Queensland Brain Institute was formed in 2003 as part of the Queensland Government’s Smart State Initiative, building on a long history of neuroscience at The University of Queensland. QBI is dedicated to understanding the molecular basis of brain function and applying this knowledge to the development of new therapeutics to treat brain and mental health disorders.


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Last week, a California state court in San Francisco ruled that a California Equal Pay Act class action against Google Inc. has survived the pleading stage. The California Equal Pay Act currently requires equal pay for employees who perform “substantially similar work” when viewed as a composite of skill, effort and responsibility. The 2016 amendment to the Equal Pay Act also prohibits employers from relying on the employee’s prior salary to justify a sex-based difference in salary. Plaintiffs allege in their amended complaint that Google relies on gender stereotypes and has a company-wide policy of relying on former salary history in setting pay and assigning jobs. These allegations were critical to the court’s decision to allow the case to proceed as a class action.
In September 2017, three former female Google employees filed a class action alleging systemic pay disparity between men and women at the company. The court originally granted Google’s motion to dismiss and strike class allegations, but granted Plaintiffs leave to amend. The amended complaint narrowed the scope of Plaintiffs’ class definition from “all women employed by Google in California” to “all women employed by Google in California” who have held a “Covered Position,” which included job levels within 30 positions, including engineers, business systems managers, sales specialists and pre-school teachers. In addition, the amended complaint alleges that Google has a company-wide policy of relying on former salary history in setting pay and assigning jobs, despite its purported knowledge that this policy adversely affects women. Plaintiffs alleged that this policy, as well as stereotypes about what jobs women can and should do, perpetuated pay disparities at Google.
Google’s Second Attempt to Defeat the Class Action
In response to the amended complaint, Google again sought to dismiss the class allegations and the class-wide intentional discrimination claim. Google argued that the amended class definition was still too broad as Plaintiffs themselves did not hold certain Covered Positions and accordingly failed to plead facts that female employees in these Covered Positions performed substantially similar work to men, the crux of a fair pay claim under California law.
In addition, Google argued that Plaintiffs’ intentional discrimination claim was based on their own individual experiences, rather than a company policy that could form the basis for a class action. The court rejected both arguments.
The Court’s Decision
In last week’s order, the court held that Plaintiffs’ amended complaint pled sufficient facts to proceed. The court was unpersuaded by the fact that Plaintiffs did not hold jobs in certain Covered Positions because Plaintiffs successfully alleged a company-wide policy that applied to all Google employees in Covered Positions. By alleging a uniform policy – the reliance on prior pay to set salaries and determine job levels – Plaintiffs adequately pled an ascertainable class that encompassed all Covered Positions.
For similar reasons, the court held that Plaintiffs’ intentional discrimination claim was sufficient to survive the pleading stage. The court found that Plaintiffs’ reference to Google’s alleged policy of considering prior pay and acting on stereotypes about women was sufficient to demonstrate at the pleading stage that Plaintiffs’ intentional discrimination claim was not unique to them. Moreover, the court accepted Plaintiffs’ allegation that Google knew or should have known of the pay differences between men and women in Covered Positions based, in large part, on the company’s annual audits and the U.S. Department of Labor’s Office of Federal Contract Compliance Programs’ (OFCCP) audit that revealed gender pay disparities last year.
The court must assume the truth of Plaintiffs’ allegations about Google’s policies and practices for purposes of ruling on Google’s initial motion to dismiss, and its ruling therefore reflects the relatively low threshold needed for Plaintiffs to survive an effort to dismiss the class claims at the outset of the case. However, the pleading stage is only the first hurdle that Plaintiffs must clear. Plaintiffs will need to demonstrate that Google actually maintains the allegedly common discriminatory policies and practices as to the Covered Positions in order to certify a class of employees in the Covered Positions.
We will continue to monitor this case and provide updates as it progresses.
The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.

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