Overview

This webinar, presented by Richard Baker KC, Counsel for the Claimant in CCC v. Sheffield Teaching Hospitals NHS Foundation Trust, provides an in-depth analysis of the UK Supreme Court’s landmark judgment and its implications for clinical negligence litigation.

The session examines the Court’s decision to overturn Croke v. Wiseman, exploring why that earlier authority was controversial and considered wrongly decided. It also considers the core legal principles governing damages for “lost years,” practical approaches to quantifying such damages, and the broader strategic implications for practitioners.

Particular attention is given to the relationship between lost years claims and the shortfalls identified in Swift v. Carpenter, as well as to the significance of the dissenting judgment and what it reveals about policy considerations within the Supreme Court. The webinar concludes by assessing likely future developments in this evolving area of law.

Learning Objectives

By the end of this webinar, participants will be able to:

• Explain the Supreme Court’s reasoning in CCC v. Sheffield Teaching Hospitals NHS Foundation Trust and its significance for clinical negligence claims.
• Critically analyse the decision to overturn Croke v. Wiseman, including the legal and policy criticisms of the earlier ruling.
• Identify and evaluate the fundamental principles underpinning claims for damages for lost years.
• Apply appropriate methodologies for assessing damages for lost years in complex clinical negligence cases.
• Assess the extent to which lost years damages may mitigate shortfalls arising from Swift v. Carpenter.
• Interpret the dissenting judgment and evaluate its broader implications for policy development in the Supreme Court.
• Anticipate potential future litigation trends and strategic considerations arising from the judgment.