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Articles matching "noise induced hearing loss"
NIHL Claims: Court of Appeal guidance on adverse inferences from absence of noise surveys
The Court of Appeal has recently provided a unanimous decision on whether adverse inferences can be drawn in historic NIHL claims against a defendant in the absence of documents. Jess Wong considers…
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Noise induced hearing loss: claimant's solicitors ordered to pay wasted costs following late discontinuance
Stephen Symington, Associate Solicitor in the DWF Occupational Health Team in Leeds, acted for the defendant, The Secretary of State for the Department of Transport, in an application to have the…
Read moreThe future of disease claims – where is the legacy market heading?
After a turbulent few years in the disease claims market, characterised by the well documented surge in the volume and costs of NIHL claims followed by slow progress towards reform, proposals for FRC…
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Court of appeal costs guidance where claimant fails to use MOJ portal
William MacKenzie outlines the findings in the recent Court of Appeal decision in Williams v The Secretary of State for Business, Energy and Industrial Strategy (2018)
Read moreCJC proposals for fixed costs and improved claims handling for NIHL claims may link into new MoJ consultation on process reform
It was July 2015 when the Ministry of Justice asked the Civil Justice Council (CJC) to look into the increasing numbers and cost of NIHL claims. In September, the CJC published its long awaited report…
Read moreClaimant loses QOCS protection following discontinuance of NIHL claim
It is not uncommon for noise induced hearing loss claims to be issued without medical evidence and we have on a number of occasions successfully applied to have claims struck out for failing to comply…
Read moreIsolated 6kHz notching and strategic issues in deafness claims
Carol Purang of DWF’s disease team reports on this recent Noise Induced Hearing Loss case in which she acted on behalf of the defendant. The claimant, who was relying upon notching in his audiogram at…
Read moreNoise induced hearing loss: limitation decision overturned
Two defendants represented by DWF in a noise induced hearing loss claim have successfully appealed against a decision to extend time under section 33 of the Limitation Act 1980. The deputy district…
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Insurance Fraud Taskforce have their say
The Insurance Fraud Taskforce have now delivered their final report. Their findings will not come as a surprise, as the Taskforce released their initial recommendations in two tranches over September…
Read moreObtaining medical evidence in Noise Induced Hearing Loss claims
In low value Noise Induced Hearing Loss (NIHL) claims, the issue of proportionality is a key area of contention for defendants seeking the court’s permission to rely on their own medical evidence.…
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