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UK Court Rules Child "Lost Years" Damages Legal
18 Feb
Summary
- Supreme Court overturned a 1981 ruling barring child "lost years" damages.
- A cerebral palsy case highlighted the disparity in compensation for minors.
- The ruling ensures children receive just compensation for shortened lifespans.
In a landmark decision on Wednesday, the UK's Supreme Court declared that a 1981 Court of Appeal judgment was incorrect. This prior ruling had prevented children from receiving compensation for "lost years" of life, while adults and teenagers were allowed such damages. The case originated with an 11-year-old girl, known as CCC, who suffers from cerebral palsy due to clinical negligence by Sheffield Teaching Hospitals NHS Foundation Trust. She requires 24-hour care.
A High Court judge had awarded CCC approximately £6.8 million in damages in 2023. However, the judge did not award further damages for CCC's shortened life expectancy. CCC's mother pursued the case to the Supreme Court on her daughter's behalf. The Supreme Court, by a four-to-one majority, allowed the appeal, sending the case back to the High Court for "lost years" damages to be assessed.
Lord Reed stated that distinguishing between claims by young children and older individuals has no basis in legal principle. He emphasized that compensation must be assessed fairly regardless of the claimant's age. CCC's mother expressed elation, highlighting that her daughter's case has changed the law to benefit many other injured children. Medical negligence partner James Drydale called it a "historic injustice" being put right.
