Lost years restored: The Supreme Court's decision and its impact on child brain injury claims

The Supreme Court’s recent decision in CCC v Sheffield is a major step forward for children who suffer serious brain injuries.

The ruling recognises the implications of a reduced life expectancy from negligence in a way that other elements of compensation do not.

The judgment removes an unfair distinction that had been in place for over 40 years.

Child brain injuries and life expectancy

Brain injuries in children are far more common and often far more complex than many people realise. Whether caused by trauma, medical complications at birth, or illness, a brain injury can alter every part of a child’s development, from their ability to learn and communicate to their behaviour, emotions, and long‑term independence. Because a child’s brain is still growing, the full impact of an injury may not appear straight away, and symptoms can change or emerge over time.

Children may experience hypoxic ischemic encephalopathy (HIE) before, during or soon after birth when oxygen or blood flow to the brain is reduced or stopped.

HIE and other brain injuries which occur antenatally or around the time of birth can result in the development of cerebral palsy which is an umbrella term for a group of lifelong conditions that affect movement and co-ordination.

Brain injuries which significantly impact movement and co-ordination, or which result in epilepsy can reduce life expectancy because of secondary health complications including:

• Risk of pneumonia due to breathing and swallowing problems
• Respiratory problems and circulation issues due to severe mobility limitations
• Risk of significant seizures
• Malnutrition, dehydration and weakened immunity due to feeding difficulties

A brain injury leading to a reduced life expectancy may have been caused by medical negligence for which a legal claim may be brought.

However until the recent judgment in CCC v Sheffield (2026), years of life that a child had lost through brain injury were unable to be accounted for in a claim.

What is a lost years claim? 

Lost years damages are a type of compensation awarded when an injured person’s life expectancy has been reduced due to negligence, to cover the ‘disposable’ income that they would have in the period between an early death and when they would have naturally died.

A lost years claim can include:

• Earnings income
• Pension income
• Savings or investments income

Young children were barred from claiming for lost years following the decision in Croke v Wiseman (1982) on the basis that a child’s future career and earnings were too speculative to enable compensation for lost years to be quantified.

CCC v Sheffield (2026)

The recent Supreme Court judgment marks a major shift in the law relating to lost years damages for child claimants.

The claimant was deprived of oxygen at birth, causing a serious brain injury. As a result, she developed severe cerebral palsy and is expected to have a much shorter life expectancy.

The NHS trust accepted that it had been negligent. Both sides agreed that if CCC had not been injured, she would probably have lived a normal life, got qualifications, worked in paid employment until age 68, and received a pension. They also agreed that she would lose £160,000 in earnings up to age 29.

The main argument was about whether she could also claim for the money she would have earned in the years she will miss due to her life expectancy being shortened.

The Supreme Court held that children can recover damages for lost years as there is no principled basis to deny them because of their future income being uncertain, overruling the previous precedent set in Croke v Wiseman (1982).

The case has been sent back to the High Court to assess the amount CCC should receive.

The High Court may consider what CCC’s income is likely to have been during the lost years and the costs she would have incurred on housing, utilities and food.

Traditionally it is assumed that people of working age will have more expenditure than those in receipt of pensions, as children may have grown up and left home and mortgages have been paid off, however, the court’s decision in CCC will help lawyers understand what factors need to be considered.

We anticipate the ruling will impact a significant number of potential Leigh Day clients because even a small reduction in life expectancy can result in thousands of pounds in compensation. 

We at Leigh Day welcome any changes to law which can potentially improve outcomes for our clients. Our medical negligence team have decades of experience in supporting families affected by cerebral palsy and other types of childhood brain injury, and will continue fighting for the justice those clients deserve. Anyone with questions about a child brain injury claim, or about the care their child received, can get in touch for a free, no-obligation confidential chat.