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ARTICLE · 08 AUGUST 2018

Clyde And Co Makes Big Noise With Low Level Hearing Loss Victory

Clyde & Co
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As part of our continuing initiative to tackle the rise of low level NIHL claims, our most recent piece of strategic litigation has expanded the de minimis threshold, under which claims will not be compensable.

United KingdomLitigation, Mediation & Arbitration
Judith Martin
Judith Martin
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Authored by Judith Martin (Partner) and Aimee Wilson (Chartered Legal Executive)

As part of our continuing initiative to tackle the rise of low level noise induced hearing loss (NIHL) claims, our most recent piece of strategic litigation has expanded the de minimis threshold, under which claims will not be compensable.

The Judge found a hearing loss of 3.3db did not make the Claimant appreciably worse off, increasing the threshold from 3db in our previous case of Marian Holloway v Tyne Thames Technology Ltd.

The decision is good news for defendants who are now able to challenge additional low level loss claims, even where there is no defence on breach of duty or causation.

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