NIHL - Is The Tide Turning?

Neil Miller, Associate in the Manchester Disease team at Clyde & Co, reports on this recent NIHL de minimis success which is a significant decision for insurers who continue to face an unprecedented surge in deafness claims. Marian Holloway v Tyne Thames Technology Ltd, Newcastle County Court, May 2015.

Summary

HHJ Freedman sitting at Newcastle County Court accepted the Defendant's argument that whilst the Claimant had noise induced hearing loss (NIHL) her injury was de minimis and did not make her appreciably worse off. Despite finding that the Defendant had been in breach of common law duties the Claimant's claim was dismissed.

Facts

HHJ Freedman found the Defendant was in breach of its common law duty of care during the entire period of the Claimant's employment from 1993 to 2006.