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13 March 2026
Issue: 8153 / Categories: Legal News , Personal injury , Clinical negligence , Damages , Child law , Health
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NLJ this week: Supreme Court unlocks ‘lost years’ windfall for injured children

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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.

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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