§ PUBLISHED JUDGMENT · 2008

Khairule v North West Strategic Health Authority

[2008] EWHC 1537 (QB)·High Court (Queen's Bench Division)·4 July 2008

A man with severe cerebral palsy from his 1981 birth argued the caesarean should have happened much sooner. The court found he should have started asking questions by the end of 2002, which put the claim a few months out of time, but allowed it to proceed.

Outcome

Claimant succeeded

Sum stated in judgment

Not stated

Claim type

Cerebral Palsy

Decided

Liability decided at trial

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§ WHAT HAPPENED

The facts, in brief.

Defendant: North West Strategic Health Authority

Injury: Cerebral palsy caused by oxygen starvation around birth before an emergency caesarean section in 1981

Specialty: Obstetrics · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“In the circumstances I find that the Claimant has discharged the burden upon him of satisfying me on all the available evidence that it would be equitable to disapply the limitation period in this case and to allow the claim to proceed.”

The money

No damages figure appears; the hearing decided the time limit as a preliminary issue.

§ WHY IT MATTERS

What this case shows.

Someone disabled from birth is not expected to be as curious about the cause as someone injured in a one-off incident, so the clock may start later for them. A short overrun is likely to be forgiven where the records still allow a fair trial.

About cerebral palsy claims →

§ MORE CEREBRAL PALSY JUDGMENTS

Claim failed

LXLP v St George's University Hospitals NHS Foundation Trust

[2026] EWHC 560 (KB)·2026·Liability decided at trial

A mother's waters broke at 27 weeks and a swab grew Group B Streptococcus resistant to erythromycin; the child argued penicillin should have been given before birth to prevent infection-related brain injury. The court held that following national rather than local guidance was not negligent and that antibiotics would not, on the evidence, have prevented the injury.

Following national guidance is a strong defence even where a hospital's own local guidance says otherwise. In premature-birth cases causation often fails because the injury would have happened regardless.

Claimant succeeded

CCC (by her mother and litigation friend MMM) v Sheffield Teaching Hospitals NHS Foundation Trust

[2026] UKSC 5·2026·Appeal decision

A child left profoundly disabled by negligence at birth was refused 'lost years' damages for earnings she would have made in the years her injury cut from her life, because a 1982 Court of Appeal case barred such awards to young children. The Supreme Court (Lady Rose dissenting) overruled that rule and sent the case back for the lost-years loss to be assessed.

Claimants injured as young children whose life expectancy has been shortened can now claim for earnings in the 'lost years', on the same principles as adults. This can add substantially to catastrophic injury awards.

Claim failed

LMN (a protected party, by his mother and litigation friend PQR) v Swansea Bay University Health Board

[2025] EWHC 3402 (KB)·2025·Liability decided at trial

The claimant alleged the registrar at the Princess of Wales Hospital, Bridgend, delayed delivery after a pathological CTG in a labour complicated by pre-eclampsia and an impacted fetal head. The judge found the plan of fetal blood sampling, attempted forceps and then caesarean met the standards of the day and dismissed the claim.

A poor outcome after a difficult delivery is not enough; the claimant must show specific decisions fell below acceptable practice at the time and that earlier action would have avoided the injury. The material contribution argument does not help if no negligent cause of delay is proved.

All cerebral palsy judgments →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

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