Are Restrictions To "Lost Years" Claims Set To Be Challenged?

The Supreme Court could determine that child claimants are as entitled to "lost years" claims as adult claimants.

The controversial and longstanding implications of Croke v Wiseman [1982] WLR 71 CA may be set for challenge following Mr Justice Ritchie's judgment in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2023] EWHC 1770 KB.

By way of background, in Croke the Court of Appeal held that child claimants are not permitted to bring a claim for "lost years" in the event that their life expectancy is reduced as a result of negligence. The ruling distinguished the earlier Court of Appeal decision in Pickett v British Rail Engineering [1980] AC 136 which held that where life expectancy is reduced, a successful claimant can recover for the loss of earnings and pension they would have received for the period between their estimated date of death as a consequence of negligence and their estimated date of death absent negligence (the "lost years" period).