Supreme Court confirms young children can recover “lost years” damages in landmark ruling
The UK Supreme Court has handed down a significant judgment in CCC (by her mother and litigation friend MMM) v Sheffield Teaching Hospitals NHS Foundation Trust, confirming for the first time that young child claimants can recover “lost years” damages - compensation for earnings they would have made during the additional years of life lost due to clinical negligence.
The claimant suffered a severe hypoxic brain injury during her birth in 2015 at a hospital run by the NHS Trust. Liability for negligence was accepted. As a result of her injuries, her life expectancy was reduced to 29 years, though she would otherwise have been expected to work until at least age 68.
Both parties agreed that her lost earnings up to age 29 would total £160,000, but disagreed on whether she could recover income she would have earned in the “lost years” beyond that point.
In a majority judgment delivered by Lord Reed, the Supreme Court held that lost years damages must be available to child claimants on the same basis as adults and adolescents.
The court emphasised that damages aim to compensate the claimant for their loss. Age alone cannot justify excluding a child from recovering lost years earnings. While predicting a young child’s future career path involves uncertainty, the same is true for many adult claimants. The court must do the best it can with available evidence. The use of Ogden tables, statistical earnings data, and family background can help courts estimate likely future earnings, reducing the need for speculation. Drawing a line between “young” and “older” children would be artificial and risk inconsistent outcomes.
The case now returns to the trial judge to determine whether CCC should receive a lost years award and, if so, what amount.
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