LAW AND HEALTH

For a summary of topics covered in this blog go to “Welcome to Law and Health”

*******************

Valerie Eliot Smith

Please note that, as of September 2022, whilst I continue to follow events in the ME community, I rarely take on any new advocacy/assistance work 

I am a British barrister, now retired for reasons of age and health. I was called to the Bar of England and Wales in 1987 and I completed pupillage. My areas of interest are the law, health and media relations. My legal expertise is in technology, media and telecomms law (TMT), human rights, open justice, data protection/privacy and freedom of information. I also practised as a criminal lawyer for ten years.

My background also includes experience in communications and media strategy with an international public relations firm, dispute resolution, psychotherapy and human resources. My first degree was in English Literature, in 1977, from the University of London (Bedford College). My primary education took place in Australia.

I have lived with the complex, disabling, multi-systemic, neuro-immune disease myalgic encephalomyelitis  or “ME” since 1981. ME is sometimes referred to (incorrectly – see below in “Definition of ME“) as “chronic fatigue syndrome” or “CFS”. I continued to work, study and practise as a lawyer until 2000 when I was further disabled by additional health problems. I have been unable to work in any formal capacity since then.

I completed a one-year Certificate in Psychotherapy and Counselling in 2002 but became too ill to continue the necessary two-year training course thereafter.

From 2015 to 2025, I was a Visiting Scholar at the Centre for Commercial Law Studies at Queen Mary, University of London, in order to extend my academic background. However, I have been unable to continue with any formal qualifications as I was never well enough for long enough to complete the research, writing and teaching requirements.

********************

Independent and non-practising status

The views expressed in this blog are my own. I am not affiliated to any other group or professional body relating to ME or “CFS” issues. I receive no payment for any of my work and I cover all costs incurred myself.

I am a lifetime member of Gray’s Inn, my Inn of Call, and registered with the Bar Council. My status with the Bar Council is “unregistered” which means non-practising. Non-practising members of the Bar are registered officially by the Bar Council as “unregistered”, a designation which defies both logic and common sense.

********************

Contact details

I can be contacted  via email at valerie@valerieeliotsmith.com or by leaving a comment on any blog post.

I will always respond as soon as I am able, depending on the state of my health at the time.

********************

Definition of ME

For clarification purposes: the definition of ME which I prefer is contained within the 2011 International Consensus Criteria (the “ME-ICC”). While I have no wish to exclude those who are diagnosed under other criteria, for me the ME-ICC is the most appropriate definition we have so far, for both clinical and research purposes.

As a result of more than four decades of experience, observation and research, I regard chronic fatigue syndrome as a condition which is separate from ME. The terms “CFS/ME” and “ME/CFS” are frequently used interchangeably with ME, with CFS and with each other, adding to the confusion and misdiagnosis and frustrating attempts at gathering accurate data.

There are many other names in use eg. post-viral fatigue syndrome (PVFS), post-acute infection syndrome (PAIS),  systemic exertion intolerance disease (SEID) and now, arguably, some cases of long covid. This confuses matters even further.

It is very likely that there is frequent cross-misdiagnosis of ME and CFS ie. people with ME are diagnosed with CFS and vice versa. This may depend, at least in part, on which country the patient is located. Both under and over-diagnosis are also problematic.

This wide range of terminology is both confusing and imprecise. Additionally, the different criteria used for research purposes confounds the production of reliable and accurate results. 

In England and Wales, the 2021 NICE guideline NG206 for the diagnosis and management of “ME/CFS” [sic] is operative. 

********************

Purpose of this blog

I originally started this blog in 2012 in order to publish my work on the so-called “Secret Files on ME“. However, since then, I have broadened its scope, researching, recording and analysing the development of ME’s torturous history and politics – past, present and future (see “CATEGORIES” in sidebar). 

I also examine some of the reasons why we are still without proper recognition, treatment or cure, nearly a century on from the first recorded outbreak of an ME-like illness in 1934, and what we should consider doing differently in order to change the narrative around the illness. 

Comments

I welcome comments and my policy is simple: please keep it clear, relevant and lawful. All comments are now moderated so it may take a little time before they appear. Personal attacks on anyone are not welcome and, in extremis, may not get through moderation. I will respond as and when I can, depending on my own state of health at the time.

Acknowledgments

If you are making use of information or documents from this blog, please quote this blog as your source and credit my work accordingly.

Disclaimer

Nothing in this blog should be taken as either legal or medical advice. I strive to ensure that everything I say is accurate and not misleading but if you think I’ve got something wrong then please let me know. Broken links happen and information becomes out of date so, while I try to keep the blog up to date, inevitably some things get overlooked. 

********************************