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Lost years meaning

What does Lost years mean?
In personal injury and clinical negligence practice, “lost years” describes the future period the claimant will not live because of the defendant’s negligence, and the earnings, pension and other financial benefits the claimant would have received in that period. The term is not defined by statute; it is a case-law concept used across England and Wales, Scotland (delict), Northern Ireland and Ireland, with broadly consistent application. A lost years claim is brought by a living claimant whose life expectancy has been reduced. Damages typically cover net loss of earnings to likely retirement, loss of pension (including post‑retirement income), and other measurable financial benefits, subject to deductions for the claimant’s own living expenses in the lost period. Assessment generally follows the multiplier/multiplicand method, taking account of tax, employment contingencies, retirement age and medical evidence on life expectancy. Lost years damages are distinct from statutory dependency claims under fatal accidents legislation; the courts avoid double recovery between a claimant’s lost years and any later dependency claims by relatives. If the claimant dies before trial, the interplay with estate and dependency claims is determined under the relevant legislation and case law in the jurisdiction.
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NEWS
Ireland: Companies Act 2024—Audit exemption lost only after two late annual returns in five years (from 16 July 2025)

Under Irish legislation, each company is required to have its financial statements examined by a statutory auditor, except where it qualifies for, and uses, an exemption. Until recently, per section 363 of the Companies Act 2014 (Ireland) (CA 2014 (IRL)), a company that did not submit its annual return within 56 days of its annual return date forfeited the ability to rely on this exemption for the subsequent two years, effectively as a sanction for late filing...

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NEWS
PI and clinical negligence: Supreme Court backs ‘lost years’ for children; child abuse limitation reform; decisions on damages, interim payments, PI trusts, claim form extensions, data protection—England and Wales

In this issue Key PI and Clinical Negligence developments Claims involving a fatality Limitation Damages Case management Further PI and Clinical Negligence updates LexisNexis® Quantum Portal LexTalk® PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts LexisNexis® Webinars Useful information Key PI and Clinical Negligence developments ‘Lost years’ damages available to child claimants: Supreme Court overrules Croke (CCC v Sheffield Teaching Hospitals NHS Foundation Trust) The Supreme Court in CCC (by her mother and litigation friend MMM) v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has upheld the appeal, confirming that children whose life expectancy has been curtailed by clinical negligence may recover ‘lost years’ damages. Disapproving the Court of Appeal’s stance in Croke v Wiseman [1982] 1 WLR 71, the court found no principled reason to bar very young claimants from seeking pecuniary losses attributable to the years of life taken away. The ruling...

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NEWS
Everatt’s LLP v Aviva: High Court of England and Wales COVID-19 business interruption cover dispute settled on confidential terms

According to a High Court order dated 14 February 2025, Everatt's LLP and Aviva have brought their dispute over the claim to a close through a confidential settlement agreement. Everatt's was bought in 2020 by Axiom Stone Solicitors, a firm that served as a predecessor to Axiom Ince. No terms of the deal were made public. Aviva offered no comment, and a spokesperson for Everatt's could not immediately be reached. The agreement arrives nearly four years after the firm issued proceedings against Aviva in 2021, seeking a payment of up to £478,000 for lost income, together with approximately £150,000 in increased office costs. The firm alleged its lawyers could not see clients, make or receive phone calls, or access documents stored at its Harrow premises in north-west London...

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PRACTICE NOTES
Clinical negligence case tracker (UK): key 2021–present decisions on liability, consent, causation, secondary victims, expert evidence and damages

This case tracker reviews clinical negligence liability decisions from January 2021 onwards. The judgments offer guidance on how the courts are addressing different types of clinical negligence claim. Where possible, we have included links to the judgments and/or analysis. Use this tracker alongside Practice Notes on specific claim types, such as Clinical negligence claims involving labour and delivery—injuries to the child, Delay in medical treatment, and Clinical negligence surgical claims... Birth injuries Case name and details CCC (by her mother and litigation friend MMM) v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5, February 2026. On appeal, the Supreme Court considered whether a child claimant can recover ‘lost years’ damages for earnings she would have made during the period by which her life expectancy was shortened by the defendant’s clinical negligence. CCC sustained a severe hypoxic brain injury at birth in 2015, reducing her life expectancy to 29 years. The Trust admitted liability. It was agreed that, absent the injury, she would have lived a normal...

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PRACTICE NOTES
UK personal injury and clinical negligence update: key cases, costs, whiplash review, product liability and CPR changes—March 2026

This Practice Note summarises the principal legal updates relevant to personal injury and clinical negligence practitioners as at 2 March 2026, aimed at assisting current practice. For earlier developments, see PI and Clinical Negligence horizon scanning and key cases—overview. Key PI & clinical negligence developments Eighteenth edition of the Judicial College Guidelines due The 18th edition of the Judicial College Guidelines (JCG) will be released on 9 April 2026. The Lexis+® UK PI & Clinical Negligence team will refresh the JCG link within our Key Resources on the Lexis+® UK PI & Clinical Negligence homepage, together with all connected materials. Law Society publishes practice note on conduct of litigation following Mazur v Charles Russell Speechlys Following the High Court’s decision in Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB), the Law Society has issued guidance for solicitors, law firms and legal businesses to ensure that only individuals authorised under the Legal Services Act 2007 undertake the conduct of litigation...

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PRACTICE NOTES
UK Construction Industry Scheme (CIS): Practical guidance for lawyers on contracts, leases, corporate transactions and compliance, including 2026 HMRC anti-fraud powers and gross payment status changes

FORTHCOMING CHANGES : At Budget 2025, the government confirmed it will legislate via Finance Bill 2026 (also known as the Finance (No 2) Bill 2024–26) to introduce fresh powers for HMRC to counter fraud by businesses operating within the CIS. Mirroring VAT provisions that limit input tax recovery where a supplier knew, or ought to have known, that a supply was connected to the fraudulent evasion of VAT, the new CIS rules will: allow the immediate removal of a business’s gross payment status make the business responsible for any lost tax permit a penalty of 30% of the lost tax to be charged to the business, its directors, and other connected persons where it can be shown that the business knew, or should have known, that it entered into a transaction linked to the fraudulent evasion of tax Furthermore, the stand-down period before reapplying for gross payment status following an immediate removal will increase from one year to five years. The...

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Q&As
Prescription Act & lost modern grant: consent after 20yr parking

For this Q&A, we proceed on the basis that the easements are recorded on the title... Prescription Act 1832 The Prescription Act 1832 (PA 1832) sets out a statutory route for acquiring easements by prescription, operating in parallel with common law prescription and the doctrine of lost modern grant. The statutory framework can be outlined as follows: Easements other than rights of light: continuous, uninterrupted enjoyment for 40 years establishes a claim that is indefeasible save by express consent. Enjoyment for 20 years creates a claim that cannot be defeated by showing the right could not have existed since 1180, though it may still be overcome by any other available defences...

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