Jurisdiction(s):
United Kingdom

UK Supreme Court overrules Croke: infant lost years claims in principle; deductions for living expenses, evidential methodology and scope—unsettled issues after CCC v Sheffield Teaching Hospitals

Published on: 15 April 2026

Published by a LexisNexis PI & Clinical Negligence expert

Legal News

$imgtext$

Article summary

CCC v Sheffield Teaching Hospitals NHS Foundation Trust: What was decided and what further issues arise?

When the claimant entered the world, she sustained profound brain damage due to hypoxia, arising from negligent medical care. After a trial before Ritchie J, she received a capital award of £6,866,615 together with periodical payments of £394,940 p.a. Within that figure sat £160,000 for earnings lost up to age 29, which both sides accepted reflected her life expectancy. It was further common ground that she would have achieved GCSEs and some higher-level qualifications leading to remunerated work. Nevertheless, Ritchie J declined to grant any damages for lost earnings in the 'lost years', reasoning that the injury occurred at birth and the claimant was a young child; Croke v Wiseman [1982] 1 WLR 71 (CA) was binding authority establishing that claims for lost years earnings cannot be advanced on behalf of infants or young children. The Supreme Court, considering the matter on a leapfrog appeal, was invited by the parties to decide whether Croke had been rightly determined. Both parties maintained that her educational path would have culminated in qualifications and paid employment, yet the judge considered Croke determinative and barred any such recovery...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...