July
Articles matching "deafness"
NIHL fundamental dishonesty finding
DWF working with Allianz Insurance has succeeded in obtaining a finding of fundamental dishonesty in a claim for noise induced hearing loss, where it emerged that the claimant had brought a similar…
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CJC 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 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.…
Read moreSuccessful strike out of NIHL claim: failure to restore to the Register
DWF’s disease team has recently succeeded in having two noise induced hearing loss claims struck out following defaults on the part of the claimant.
Read moreSuccessful strike out of NIHL claim: failure to serve medical evidence
DWF’s disease team has recently succeeded in having two noise induced hearing loss claims struck out following defaults on the part of the claimant.
Read moreConstructive knowledge and limitation: revisited and restated
The Court of Appeal has again examined constructive knowledge in the context of limitation in disease cases. This Noise Induced Hearing Loss claim was unsuccessful as the Court of Appeal imputed the…
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S.33 Limitation Act: incorrect approach to discretion in noise induced hearing loss claim
In the recent case of Malone v Relyon Heating Engineering Limited (2014), a noise induced hearing loss claim, the Court of Appeal dismissed the claimant’s claim and provided helpful guidance on the…
Read moreRecent developments in the law of limitation in disease claims
Patrick McBrien reviews developments in the law of limitation, in relation to disease cases. He considers two recent decisions of the High Court, together with a number of recent cases which DWF and…
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