Landmark Supreme Court ruling expands compensation rights for injured children
On 18 February 2026, the Supreme Court handed down its long‑awaited decision in CCC v Sheffield Teaching Hospitals NHS Foundation Trust, overturning a 40‑year‑old rule that had prevented injured children from recovering compensation for their ‘lost years’ – the working years they are unlikely to live because of negligent medical care.
This is a significant change in the law for the individuals, and their families, who have been affected by severe birth injuries, and addresses a perceived inconsistency in the way ‘lost years’ claims are addressed.
What are ‘lost years’ damages?
‘Lost years’ damages compensate someone for the earnings they would have received during the years of life lost due to negligence. Adults with shortened life expectancies have long been entitled to claim for these losses.
However, since the Court of Appeal decision in Croke v Wiseman (1982), children were barred from bringing such claims. The rationale for that decision was that the future career paths of children were too speculative and that they were unlikely to have dependants.
This resulted in a scenario where young adults could recover damages for ‘lost years’ but younger, severely injured child claimants could not.
What happened in the CCC case?
The case centred on a girl known as CCC, who suffered a catastrophic brain injury at birth due to admitted medical negligence. Her life expectancy was limited to around 29 years because of the injury she had sustained at birth. The experts for the parties agreed that, without the injury, she would likely have completed her education, entered employment, and worked until a retirement age of 68 years, and received a pension.
Whilst damages for loss of earnings up to age 29 were agreed, the first instance court, being bound by Croke v Wiseman, could not award compensation for the many working years she would never experience. The case was allowed to leapfrog to the Supreme Court to reconsider whether the law should change.
The Supreme Court’s decision
By a 4:1 majority, the Supreme Court held that children should not be treated differently from adults when claiming lost years damages, and it formally overturned Croke v Wiseman.
Key points from the ruling include:
- There is no principled basis for excluding children from lost years claims.
- The absence of dependants is irrelevant.
- Predicting future earnings is no more speculative for a child than it is for an adult with reduced life expectancy.
- The decision restores consistency with earlier House of Lords authorities on fair compensation.
The CCC case will now return to the High Court for assessment of CCC’s damages under this new legal framework.
What this means for families
- Fairer and more comprehensive compensation
Children with life‑limiting injuries due to negligence can now receive compensation that genuinely reflects the financial impact of losing their working life. This may significantly increase the value of some claims.
- Greater certainty for long-term care planning
Families caring for a severely injured child face lifelong emotional and financial pressures. This ruling provides clarity and a more just approach to securing future financial stability.
- A long-awaited correction of an unfair rule
The decision removes an arbitrary barrier that prevented the most vulnerable claimants from being treated on the same footing as adults. It aligns the law with modern principles of fairness and consistency.
This ruling will have wide‑ranging implications for birth injury and paediatric negligence claims. If your child has suffered life‑limiting injuries due to medical negligence, they may now be entitled to significantly greater compensation than previously possible. Our specialist medical negligence team can guide you through the impact of this decision and ensure your child’s claim fully reflects their future financial needs.