Jurisdiction(s):
United Kingdom

UK Supreme Court confirms lost years damages for child claimants without dependants: Croke overruled — CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 (English law)

Published on: 19 February 2026

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

CCC (by her mother and litigation friend MMM) v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5

Background

On this appeal, the Supreme Court was invited to determine whether a child claimant may recover compensation for financial loss arising from her inability to work during the portion of her expected lifespan she has lost as a consequence of the defendant’s clinical negligence. Such damages are referred to as ‘lost years’ damages. The claimant, CCC, sustained a profound brain injury due to hypoxia at her birth in 2015, leaving her with a reduced life expectancy of 29 years. The defendant, Sheffield Teaching Hospitals NHS Foundation Trust, runs the hospital where she was delivered and has accepted responsibility for the negligent care that caused her injury. At trial, it was common ground that, had she not been harmed, she would have enjoyed a normal life expectancy. The parties also accepted that she would probably have obtained General Certificate of Secondary Education (GCSE) and other qualifications leading to paid employment, that she would have remained in work until the age of 68, and that she would have received a pension for the remainder of her life...

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