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At HHD Solicitors we have a proven track record for delivering outstanding results. We not only apply the law, but challenge and shape it.
HHD Solicitors welcomes landmark Supreme Court ruling
Child claimants of medical negligence can now claim full future loss of earnings (“lost years damages”)
HHD Solicitors, one of Northern Ireland’s leading firms specialising in clinical negligence cases, welcomes the recent landmark ruling by the UK Supreme Court in the recent case of CCC v Sheffield Teaching Hospitals NHS Foundation Trust.
In the landmark judgment delivered on 18 February 2026 the Supreme Court dealt with the issue of whether a child claimant may recover damages for the financial loss caused by an inability to work during the years of expected life lost due to the defendant’s clinical negligence (“lost years damages”).
The Court held that children who suffer catastrophic injuries at birth can recover damages for the future earnings they would likely have otherwise earned during the years of expected life reduced due to the defendant’s negligence.
In overturning the long-standing authority of Croke v Wiseman [1982] 1 WLR 71, the Court addressed the historic distinction between adults and children in medical negligence claims, clarifying that uncertainties around a child’s future earning capacity are no different in principle from those considered in adult cases.
Why this matters
The Supreme Court’s decision sets a vital precedent that will impact how loss of earnings damages is now calculated in medical negligence cases including cerebral palsy victims in the UK, including Northern Ireland.
“This ruling is a triumph for fairness and equality,” said Damian Deazley, Partner of HHD Solicitors. “For too long, the law unfairly disadvantaged children who were victims of medical errors at the very start of their lives. At HHD, we see first-hand the lifelong challenges families face when a child is born with catastrophic injuries. This decision ensures that the law finally recognises the full economic and human impact of these injuries.”
Key implications of the ruling:
- Correcting historical injustice: children are now entitled to the same rights as adults when seeking compensation for future financial security.
- Securing the future: families will have access to greater financial support to provide for the long-term care and needs of children who will never be able to enter the workforce.
- Accountability: the ruling underscores the necessity for the highest standards of maternity care within our health trusts.
Should you have been the victim of a catastrophic injury or medical accident and require any advice or assistance please contact Mr Deazley at damiandeazley@hhdsolicitors.com or one of our clinical negligence solicitors at enquiries@hhdsolicitors.com.
