Thursday, February 19th, 2026
CCC (by her mother and litigation friend MMM) v Sheffield Teaching Hospitals NHS Foundation Trust
The Supreme Court has issued an important decision in the case of CCC (by her mother and litigation friend MMM) v Sheffield Teaching Hospitals NHS Foundation Trust for all of those involved in cases concerning serious injury to young children. Unusually, four of the five justices who heard the case wrote on it, with Lady Rose providing a dissenting opinion. After careful consideration of case law, the outcome reached by the majority was that as a matter of law, a lost-years claim can be advanced for a young child. The loss is not too speculative, will be assessed on the available evidence but any claim will be discounted to reflect living expenses.
In Scotland, the assessment to be undertaken when considering the appropriate level of damages for lost years is set out at s1 of the Damages (Scotland) Act 2011
A copy of the decision can be found here.
