On Feb 11th and 12th, the Supreme Court will hear a pivotal case on the entitlement of young, severely injured children to lost years awards, a highly significant legal issue with wide-reaching implications.
Sarah Pritchard KC of Kings Chambers appears alongside Paul Rees KC of 1 Crown Office Row on behalf of the Respondents to an appeal brought by CCC in which it is contended that lost years awards should be available to young children despite the long-standing Court of Appeal decision in Croke v Wiseman, which has historically precluded them.
The case is particularly notable as it has bypassed the Court of Appeal via a rare “leapfrog” appeal. Trial Judge Ritchie J had indicated that he would have awarded lost years compensation based on first principles but was constrained by existing precedent.
It is hoped that the Supreme Court’s ruling will provide much-needed clarity in an area of law widely regarded as uncertain. The judgment is expected to have far-reaching implications, not only for birth injury claims brought by children but also for individuals with foreshortened life expectancy due to terminal illness / other life-limiting injuries.
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