The Supreme Court’s judgment handed down on February 18, 2026 was a landmark moment for all children who have seen their lives shortened through negligence, a number of whom we are currently supporting at Switalskis.

As specialists in medical negligence and through our considerable experience in supporting  children and their families who have sustained life-changing injuries during maternity care, we always felt that the way children were treated in law in relation to so-called ‘lost years’ was wrong. They were, until this judgment, treated differently to adults. We never agreed with that.

Thankfully, the Supreme Court has put an end to this injustice and now claimants and their families will benefit. The change in the law is of course welcome but long overdue.

The judgment in CCC (by her mother and litigation friend MMM) (Appellant) v Sheffield Teaching Hospitals NHS Foundation Trust (Respondent) – what it means

The Supreme Court was asked to decide on whether the child claimant, who is known as ‘CCC’ in the judgment as she cannot be named, could recover damages for financial loss caused by her inability to work during the years of life she has lost due to the defendant’s medical negligence.

This is known as ‘lost years damages’ and these may be claimed where negligence has reduced a claimant’s life expectancy.

In the case of CCC it was agreed by the parties that if the negligence had not occurred the claimant would have had a normal life expectancy, and she would have gained qualifications and then been in paid employment to the age of 68, following which she would have received a pension for the remainder of her life. However, the injuries caused by the negligence had a devastating impact on the child claimant as her life expectancy had been reduced to only 29 years.

The parties agreed the claimant’s loss of earnings to the age of 29 in the sum of £160,000.

However, at trial in the High Court in 2023, it was decided that she could not claim damages for the financial losses occurring in her ‘lost years’ – that is in the years beyond her age of 29 years.

Unfortunately, the High Court was compelled to reach this decision as it was bound by a 1982 Court of Appeal judgment (Croke v Wiseman ) which ruled that lost years damages could not be recovered where the claimant is a young child. However, the decision in Croke led to considerable unfairness. The courts were not similarly restricted in claims where the claimant is an adult or adolescent who has suffered a life-shortening injury due to negligence. This meant that damages for lost years are commonly awarded to adults in relevant claims.

CCC’s solicitors were given permission to take their appeal against the original High Court decision on ‘lost years’ to the Supreme Court. Thankfully, now that the Supreme Court – the highest court in England and Wales – has allowed this appeal, that unfairness and injustice has been brought to an end.

What did the Supreme Court rule?

By a majority of four to one, the judges of the Supreme Court allowed the claimant’s appeal. As a result, it ruled that lost years damages can now be recovered in cases where the claimant is a young child, just as they can be in cases where the claimant is an adolescent or adult.

By doing so, the Supreme Court decided that the Court of Appeal’s decision in Croke was incorrect and should be overruled. CCC’s case will now go back to the original trial judge to decide whether the claimant should be awarded lost years damages on the facts of her case and, if so, what the value of that award should be.

‘Illogical and unjust to treat adults and children differently’

In our view, common sense and fairness has prevailed. From now on, damages can be recovered in cases where the claimant is a young child just as they can be in cases where the claimant is an adolescent or adult. That can only be right, and we are delighted that the Supreme Court has taken this view.

We always thought that Croke was incorrect and are pleased to see that judgment consigned to history. It always felt illogical and unjust that adults and children were treated differently when it comes to a claim for lost years.

This judgment will now ensure that CCC and other children, including some of our clients, will be treated with the same dignity, fairness, respect and justice as adult claimants. Until today, the system devalued the future contribution of disabled children to society and, with this judgment, the Supreme Court has finally put right a long-standing injustice.

What does this mean for child claimants and their families?

This decision is of relevance to all child claimants who have suffered a shortening of their life expectancy due to injuries caused by negligence. All ongoing claims will need to be re-assessed, and revalued where necessary, ensuring claimants and their families receive the compensation they deserve.

Compensation is designed to return the injured party as close as possible to the position in which they would have been without the negligence. Until now, decades of lost earnings were not factored into settlements, which was wrong. Now, children and their families will finally be fully compensated for the effects of the life-changing injures they have sustained, although of course nothing can ever replace the life they would have lived without the negligence.

Child claimants and their families, who have had to come to terms with the devastating impact of medical negligence reducing the child’s life expectancy, are now on a parity with adult claimants in the same situation. Whilst compensation cannot change what has happened, it is an important principle of justice that claimants are treated alike.

As Lord Reed stated in the Supreme Court’s judgment: “The court cannot properly exclude the recovery of compensatory damages, as a matter of principle, on the ground of the claimant’s age ”.     

Speak to our specialist medical negligence team

If your child’s life expectancy has been reduced because of medical negligence , or if you are currently pursuing a claim and are unsure how this judgment may affect it, we are here to help.

We understand how overwhelming and emotional these cases can be. Our specialist medical negligence team has extensive experience supporting families facing the most difficult circumstances, and we will guide you clearly and compassionately through what this ruling means in practical terms.

If you would like to discuss your situation in confidence, please get in touch with our team. We are here to listen and to help you understand your options.