§ 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

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.

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

HLD v Manchester University NHS Foundation Trust

[2025] EWHC 1750 (KB)·2025·Settlement approved by the court

A mother attended at 37 weeks with two days of absent fetal movement and worrying heart tracings, but delivery was delayed and the baby suffered brain damage causing cerebral palsy. The court approved a settlement for the now 13-year-old child as being in her best interests.

Reduced fetal movements with abnormal monitoring call for urgent delivery. Court approval hearings for children often keep the settlement figures confidential.

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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