§ PUBLISHED JUDGMENT · 2026

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

[2026] UKSC 5·Supreme Court of the United Kingdom·18 February 2026

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.

Outcome

Claimant succeeded

Sum stated in judgment

Not stated

Claim type

Cerebral Palsy

Decided

Appeal decision

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§ WHAT HAPPENED

The facts, in brief.

Defendant: Sheffield Teaching Hospitals NHS Foundation Trust · this trust’s claims data

Injury: Severe hypoxic brain injury at birth (spastic cerebral palsy), wholly dependent on others, agreed life expectancy to age 29

Specialty: Obstetrics / Neonatal · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“I consider that the decision to refuse to award damages for the lost years in Croke v Wiseman was incorrect and should be overruled.”

The money

The trial judge (Ritchie J) had already awarded a lump sum of £6,866,615 plus periodical payments of £394,940 per annum ([79]). The lost-years claim of £823,506 ([77]) was remitted for assessment after the Supreme Court overruled Croke v Wiseman.

§ WHY IT MATTERS

What this case shows.

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.

About cerebral palsy claims →

§ MORE CEREBRAL PALSY JUDGMENTS

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.

Settlement approved£5.75M

AXA (a child, by her father and litigation friend MXA) v Airedale NHS Foundation Trust

[2024] EWHC 2499 (KB)·2024·Settlement approved by the court

A child born in April 2019 after an induced labour suffered fetal bradycardia and a brain injury; the Trust admitted the clinical failures by letter in April 2021. The court approved a settlement of a £5.75m lump sum plus lifelong index-linked periodical payments, worth about £16.7m in total.

Serious cerebral palsy claims are usually settled as a lump sum plus annual periodical payments for care, so the headline total depends on how long the child lives. Before approving a deal for a child the judge checks it sits within the range a court would have awarded.

Settlement approved£5.56M

MHE v Wye Valley NHS Trust

[2024] EWHC 25 (KB)·2024·Settlement approved by the court

The baby's shoulders became stuck during delivery and manoeuvres failed, so she was deprived of oxygen and left with cerebral palsy; the Trust admitted in 2012 that it failed to deliver her with sufficient or safe speed. The court approved a settlement of about £5.56m plus lifelong periodical payments.

Shoulder dystocia claims are not only about arm injuries; a prolonged delay in freeing the baby can cause brain injury, and damages then reflect lifelong care needs. Approval judgments like this are one of the few public sources showing what such settlements are worth.

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.

This guide is general information about the law in England and Wales, not legal advice about your case. ClaimGavel is run by Costart Projects Ltd on behalf of Tomlin & Partners, a specialist medical negligence firm regulated by the SRA. The free assessment on this page is an AI overview to show you roughly where you stand; a solicitor confirms the position in a free, no-obligation conversation.