A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
Until now, adults with shortened life expectancy could claim future lost income, but children could not—on grounds it was ‘too speculative’. Lord Reed rejected that logic, holding there was ‘no sound legal principle’ for the distinction. In CCC’s case, the lost years element alone was valued at over £800,000, on top of £6.8m in damages and lifelong care.
The shift will ‘very significantly’ increase claim values, demanding earlier expert input on likely career paths and life expectancy. Quantum battles will intensify—and litigation may grow longer and more complex.
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Categories:
Legal News
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Personal injury
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Clinical negligence
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Damages
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Child law
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Health
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