Richard Baker KC and Sarah Edwards appear in the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust

On 11 and 12 February, Richard Baker KC and Sarah Edwards acted for the appellant in the Supreme Court case CCC (by her mother and litigation friend) v Sheffield Teaching Hospitals on the issue of “lost years”. They were instructed by James Drydale of Taylor Emmet Solicitors.

The Appellant sustained a hypoxic brain injury at the time of birth and now has severe cerebral palsy and is dependent on the care of others. The Respondent is an NHS Trust responsible for the management of the Jessop Wing, the hospital where the Appellant was born. The Respondent admits that its negligence is a cause of the Appellant’s brain injury. Following a trial of quantum in June 2023 the Appellant was awarded substantial damages (lump sum of £6.86m plus £384k p.a.) The Appellant also brought a claim for damages for her loss of income, from earnings and pensions, in the period between the end of her actual life-expectancy and her uninjured life-expectancy, but both parties agreed that the trial judge was prohibited from making a “lost years” award for a child (unlike an adult or adolescent) following the Court of Appeal decision of Croke v Wiseman.

The Appellant sought a leapfrog appeal to the Supreme Court, asking the trial judge to assess the value of the claim for lost years to assist the efficient disposal of the claim in the event of a successful appeal.

CCC v Sheffield Teaching Hospitals is the latest in a series of landmark cases that clinical negligence and personal injury members at 7BR have been involved in – including Khan v Meadows and Paul v. Royal Wolverhampton NHS Foundation Trust.

You can see Richard and Sarah in the Supreme Court here: https://lnkd.in/evv8c9Ew

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