The UK’s highest court has just delivered a judgment that reshapes how damages are awarded in cases of severe childhood injury caused by medical negligence. At issue was a long-standing legal rule dating back to Croke v Wiseman (1981), which had prevented children from claiming what lawyers call “lost years” damages, the income they would likely have earned throughout their expected working life, had they not been catastrophically injured.
In a judgment handed down on 18 February 2026, the Supreme Court decided that a child in these circumstances can indeed recover damages for financial loss during the years they are no longer expected to live. That means the law now treats children more like adults in this respect.
Here’s what this really means for legal claims and the wider public.
What happened in the case
A child, known only as CCC, suffered a severe brain injury at birth in 2015 because of clinical negligence. Her life expectancy has been significantly reduced and she will never be able to live independently. The defendant NHS Trust accepted liability for the negligence.
At an earlier stage, damages for lost years were not awarded because of the Court of Appeal’s reading of Croke v Wiseman. That case stood for the principle that such damages could not be awarded on behalf of very young claimants.
The High Court agreed liability and some heads of loss but declined to award damages for the lost years. CCC’s legal team secured permission to “leapfrog” the appeal straight to the Supreme Court, skipping the Court of Appeal to challenge that restriction.
What the Supreme Court decided
The Supreme Court has now overruled that aspect of Croke v Wiseman. The majority held that the earlier approach was inconsistent with established principles that recognise pecuniary loss where life expectancy is reduced. In plain terms, the court confirmed that there is no legal basis for denying children lost years damages, solely on the basis of their age.
The court has sent the case back for a trial judge to decide whether such damages should be awarded in the specific circumstances and, if so, how much.
Why is this important?
This is significant for a few reasons:
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It aligns the rights of children with those of adults when life expectancy is cut short by negligence.
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It acknowledges that a child’s potential earning capacity has real, compensable value, even if that potential was never realised.
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It will likely affect future medical negligence claims, particularly in childbirth and neonatal care cases, where life-changing injuries occur.
For clients and practitioners, this shift means reassessing how damages are calculated in catastrophic injury cases and preparing for a potential increase in awards, especially where long-term care and financial needs are concerned.
A wider legal shift
This judgment reflects a broader move towards fairness in how courts compensate for loss. The law has recognised for years that adults with reduced life expectancy due to negligence should be compensated for lost earnings. The Supreme Court has now confirmed that children should not be treated differently simply because they have no established career history.
In practical terms, families affected by such injuries may now secure compensation that better reflects their loved one’s lost potential and lifelong needs.
If you would like to understand how this decision could affect a current or future claim, the team at KMC Legal would be happy to talk it through with you.
How KMC Legal & Finance can help
Cases involving catastrophic injury, medical negligence, or reduced life expectancy are some of the most complex and emotionally difficult legal claims a family can face. They require careful handling, clear advice, and a legal team that understands both the legal detail and the human impact behind every case.
At KMC Legal & Finance, we support clients through every stage of a claim with a calm, structured approach. Our team works closely with specialist medical experts, financial advisers, and care professionals to ensure any claim reflects the full reality of what has been lost, including long-term care needs, future support, and financial security for the family.
We take the time to explain your options in plain English, outline what a realistic outcome may look like, and guide you through the process step by step. If a case involves complex issues around life expectancy, future earnings, or long-term provision, we ensure these are properly assessed and presented.
If you are dealing with the impact of medical negligence, birth injury, or serious injury affecting a child or loved one, you do not have to navigate this alone. We are here to listen, advise, and act in your best interests.
If you would like an initial, confidential conversation about your situation, our team is available to talk things through and help you understand the next steps.
Call 0800 9494 667 or email defence@kmc-legal.co.uk
