November
Articles matching "deafness claims"
Company restoration and limitation periods: Do all claims remain stayed against a company in liquidation?
In a judgment handed down last week, the High Court dismissed a claimant's appeal concerning the effect of a company's liquidation on limitation in a noise induced hearing loss claim. DWF's Stephen…
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Court of Appeal upholds strike out of deafness claim following failure to restore dissolved company to the Register
Patrick McBrien acted for the defendant and its insurers in Cowley v LW Carlisle Company Limited where we have just had judgment from the Court of Appeal. The claimant brought an occupational deafness…
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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…
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…
Read moreIsaac Abraham Solicitors: SRA intervention
On Wednesday 17 August 2016, it was reported that the SRA had exercised its power of intervention in the firm Isaac Abraham and also suspended with immediate the practising certificate of Safina Shah,…
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 moreThird Parties (Rights against Insurers) Act 2010: impact on disease claims
Legislation has been in place since the 1930s to try and protect the interests of claimants in their claims against insured persons who become insolvent. The Third Parties (Rights against Insurers)…
Read moreLatest developments from the MoJ and elsewhere affecting future claims handling
Michael Gove has now been Minister for Justice for 6 weeks and earlier today he gave his first speech in his new role. It seems a good time now in the early days of the new government to look at both…
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The deafness avalanche needs a thought-out response
The size of the problem caused by the vastly increased number of noise induced hearing loss claims continues to be important to insurers. The IFoA are in the process of collecting updated information,…
Read moreRising deafness claims
In an article which first appeared in the October edition of Strategic Risk Magazine, Ian Macalister considers why deafness claims are on the rise and whether the recent civil justice reforms will…
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