The ‘Lost Years’ Now Found – Exploring CCC v Sheffield Teaching Hospitals NHS Foundation Trust
19th February 2026
There has been an important change to the law about compensation for children for the ‘lost years’ when negligence shortens their expected lifespan, following the Supreme Court’s decision in CCC v Sheffield Teaching Hospitals NHS Foundation Trust this week.
The ruling has clarified a new position for child claimants in clinical negligence cases; the previous of which stood for over forty years.
The Previous Position
In essence, ‘lost years’ refer to the period of life that a person can expect to lose because negligence has shortened their life expectancy. As that person would likely have earned income and supported themselves or others, monetary sums in the form of ‘damages’ are sought by the victim to compensate for the earnings and financial benefits that they are now highly unlikely to ever receive.
Prior to the Supreme Court’s decision, the recovery of ‘lost years’ damages were constrained by the Court of Appeal case of Croke v Wiseman [1982]. In that case, the Court held that young children could not recover lost years damages, though adults could. The rationale behind this was largely rooted in two concerns:
- Dependants – The Court ruled in Croke that ‘lost years claims’ were connected to whether the injured person had, or might one day have, financial dependants. This was inconsistent with previous prominent cases dealing with ‘lost years’ compensation such as Pickett v British Rail Engineering Ltd [1980] and Gammell v Wilson [1982], which made no such principle.
- Speculation – As it is likely to be relatively more difficult to make assumptions about a child’s education, career path and income decades into the future as opposed to an adult, the Court’s view on assessing ‘lost years’ compensation for children was that it was too difficult to predict based on available evidence.
As a result, although adults could receive compensation for the income they would lose during their shortened lifespan, children injured at birth or in early childhood were largely unable to secure ‘lost years’ compensation.
The Effect of CCC
In short, the Supreme Court have now made it clear that children can, in principle, recover ‘lost years’ damages in the same way as adults can.
It is now the responsibility of the Court to assess the evidence available in each case and determine ‘lost years’ compensation using established methods, which can include actuarial tables (such as the ‘Ogden’ tables) and other statistical evidence. Many of these established methods have been introduced and implemented since Croke and have improved the feasibility and consistency of estimating ‘lost years’ damages.
As a result, the law now treats shortened life expectancy consistently so that so far as compensation can allow, everyone can be put back in the position that they would have been in had the negligence or injury not taken place. After over forty years, the focus is on whether the financial loss can be demonstrated, not whether the person is old enough or whether they have (or will ever have) anyone that is dependent on them.
Heightened focus will undoubtedly be placed on ensuring that ‘lost years’ compensation for victims of negligence remains proportionate and based upon reliable, robust evidence.
Our team of specialist Medical Negligence Lawyers are dedicated to providing expert guidance and helping people through every step of the way of such claims. Contact us today to see how we can help.
Article written by Trainee Solicitor, Mason Hallam