Children with shortened life expectancies due to medical negligence can claim ‘lost years’ damages, overturning a 40-year-precedent. The 4-1 majority decision ensures that children are treated equally to adults in receiving compensation for net earnings they would have made, even without dependants.

The decision marks a significant shift in personal injury law. Joe McManus, from the Forum of Insurance Lawyers’ catastrophic claims sector focus team, said: “The Supreme Court’s decision today by a 4-1 majority represents a significant expansion of recoverable damages in catastrophic injury cases involving children.

“Extending ‘lost years’ claims to young children will make expensive claims even more so. The decision will push up damages reserves for these types of claims and will have a substantial impact on the NHS given the number of high-value brain injury claims that are already progressing through the courts.

“Any expansion of recoverable damages will need to be carefully managed to ensure awards are based on robust evidence and remain proportionate, particularly given that the cost of many of these claims is borne by a publicly funded healthcare system with finite resources.”