Sue Brown

This Practice Note aims to provide an overview of the key features of the Pre-Action Protocol for Low Value Employers’ Liability and Public Liability claims (from 31 July 2013), together with practical guidance on using the portal.

This Practice Note aims to provide an overview of the key features of the Pre-Action Protocol for Low Value Employers’ Liability and Public Liability claims (from 31 July 2013), together with practical guidance on using the portal.

This Practice Note considers guidelines which are used to assess noise-induced hearing loss (NIHL) in particular guidelines published in 2000 to identify or diagnose NIHL and further guidelines published by the same authors in 2016 to provide a basis to quantify the amount of NIHL. It also briefly considers the 2022 guidelines which have reviewed the methods for the diagnosis and quantification of NIHL.

This Practice Note covers limitation in noise-induced hearing loss (NIHL) cases. It considers limitation issues that frequently arise in NIHL claims including calculating the claimant’s ‘date of knowledge’ for the purposes of section 14 of the Limitation Act 1980, causation, tinnitus, case law and the discretionary exception to limitation under section 33 of the Limitation Act 1980.

This Practice Note outlines the background and development of Medco and provides guidance on obtaining medical reports in soft tissue injury and whiplash injury claims.

This Practice Note aims to provide an overview of the key features of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA) (from 31 July 2013), together with practical guidance on using the portal.

This Practice note aims to provide an overview of the key features of Stage 2 and 3 of the Pre-Action Protocol for Low Value Road Traffic Accident (RTA) claims (from 31 July 2013) together with a review of the recent County Court decisions and their practical implications for those using the portal.

This Practice Note covers developments in the law relating to noise-induced hearing loss (NIHL) in the workplace. It covers defined periods since 1963 when NIHL was first recognised as a problem and the relevant legislation and case law.

This Practice Note deals with factors relevant to the level of general damages awarded in noise-induced hearing loss (NIHL) claims such as the Judicial College Guidelines (JCG), comparable previous court decisions and the extent of the hearing loss. It also considers specific heads of special damages that are often appropriate in these cases and the disablement benefit a claimant may be able to claim in respect of hearing loss and/or tinnitus and other compensation schemes a claimant may be able to claim under.

Noise-induced hearing loss—GlossaryAir conduction (AC)The transmission of sound through the outer and middle ear to the inner ear. The standard audiogram is measuring air conduction.Age-associated hearing loss (AAHL)Also called presbycusis, age-associated hearing loss is primarily related to age and usually affects both ears equally.Air-bone gap (ABG)The figure arrived at by deducting the HTL given by the bone conduction reading from that given by the air conduction reading.AudiogramA pure tone audiogram is a chart of a person’s hearing threshold levels for pure tones at different frequencies, showing loss as a function of frequency, measured using an audiometer.AudiometerPure tone audiometer—an electroacoustical instrument. For air conduction measurements the audiometer uses a headset with two earphones which provides pure tones of specified frequencies at known sound pressure levels, used to determine hearing threshold levels, one ear at a time. To measure bone conduction the audiometer is also equipped with a bone vibrator.Manual audiometer—an audiometer where the signal presentations, frequency and hearing level selection, and noting the subject’s responses, are done manually.Self-recording audiometer (automatic-recording audiometer)—an audiometer on which the frequency selection/variation and the recording of the subject’s responses are done automatically and where the level increases or decreases continuously under the subject’s control. It may present fixed frequencies or a continuously variable frequency or both, and may provide both continuous and pulsed tone outputs.Computer-controlled audiometer—where the control functions and generally the calculation and display of hearing threshold levels are done by a computer.Speech audiometer—measures hearing using speech test material.AudiometryMeasurement of auditory function.Auditory maskingWhere the perception of one sound is affected by the presence of another sound.A-weighted sound pressure levelThe sound pressure level of a signal which has been passed through a filter (an ‘A’ filter) which attenuates both low and high frequency components without affecting those near 1000 Hz. The measurement is in decibels but is generally identified in this context as dB(A).BandwidthThe difference between the upper and lower limits of a frequency band. Generally expressed in hertz Hz or kilohertz (or kHz) or as a fraction of an octave centred on the med-frequency of the band.Békésy audiometryA particular type of self-recording audiometry where the subject listens to a continuous pure tone moving slowly through the audible frequency range. The subject presses a button and keeps it pressed until the tone becomes inaudible when they release it, the intensity increases, and the subject presses the button again. A Békésy audiogram looks very different to a standard audiogram, the trace consisting of a zigzag line.Binaural squelchThe auditory processing mechanism which enables a binaural listener to process different signal-to-noise ratios from the two ears. It is this capacity that enables people to conduct a conversation with one person against a background of other voices eg in crowded pubs or at parties.Bone conduction (BC)The transmission of sound to the inner ear primarily by mechanical vibration of the cranial bones.Carhart effectWhere the subject has a conductive loss due to middle-ear disorder, the measured bone-conduction threshold is artificial raised, which leads to an underestimate of the true conductive loss; this is known as the Carhart effect.Conductive hearing loss (CHL)Hearing loss caused by blockage of the outer ear or derangement of the middle ear, preventing sound waves from reaching the inner ear. Common causes include earwax or ear infection, but CHL can also be caused by a tumour in the ear canal or the middle ear, perforated eardrum, or damage to the temporal bone.Decibel (dB)Logarithmic unit used to express the ratio between two values of a physical quantity, often power or intensity, such as sound pressure.FrequencyThe rate of vibration of air particles which constitutes a sound. The unit of measurement is the hertz, equal to one cycle per second.Frequency bandA frequency interval which has an upper and lower limit and includes all frequencies within the range.Head shadowThe difference in sound levels arriving at the two ears when the direction of sound is at an angle to the median plane. The effect is greater at high frequencies. The head shadow effect is sometimes relevant to asymmetric hearing loss eg in soldiers.Hearing loss (HL)The amount in decibels by which an individual’s hearing threshold level falls as a result of damage, deterioration or injury.Hearing protection (HP)General term covering any form of hearing protector used to exclude or reduce the noise levels reaching the ear. Includes earmuffs or ear defenders which enclose the whole ear, earplugs inserted in the ear, and helmets fitted with ear defenders.Hearing threshold level (HTL)The sound level below which the ear being measured is unable to detect sound.Hertz (Hz)The unit of frequency.Occlusion effectThe change in level of a bone-conducted signal reaching the inner ear when an earphone or earplug is placed over the ear canal.Permanent threshold shift (PTS)The component of threshold shift which shows no recovery after the cause of the threshold shift has been removed.PresbyacusisHearing loss attributed to the ageing process.Pure toneA tone with a single frequency without perceptible harmonics, a sinusoidal waveform.Sensation level (SL)For an individual ear, the level of sound expressed in decibels above the threshold of hearing for that ear.Sensorineural hearing loss (SNHL)Hearing loss where the problem is in the vestibulocochlear nerve, the inner ear, or the central processing areas of the brain. Most SNHL is caused by abnormalities in the hair cells in the organ of Corti in the cochlea. The abnormalities may be present from birth, or have a genetic cause. In cases of noise-induced sensorineural hearing loss, the hair cells have been damaged by prolonged exposure to very loud noise.Speech bananaA term used to describe the (banana-shaped) pattern produced on an audiogram by plotting the area where the sounds of human speech appear.Temporary threshold shift (TTS)The component of threshold shift which shows recovery after the cause of the threshold shift has been removed.Threshold shiftThe difference, in decibels, in the hearing threshold levels of an individual measured on two separate occasions. The cause is usually noise, and if the threshold shift diminishes between the first and second measurement, it is temporary (TTS). If it does not, it is permanent.TinnitusThe perception of sound within the ear when no external sound is present. The sound may be a ringing or buzzing sound, or a variety of other sounds.

This Practice Note gives some basic pointers on audiograms and noise. An audiogram is a graph showing the sounds a person can hear and is used in noise-induced hearing loss (NIHL) claims to measure the claimant’s hearing ability.

This Practice Note provides guidance on tracing defendants and insurers in noise-induced hearing loss claims. It covers obtaining claimants’ employments histories from HMRC, the Employers’ Liability Tracing Office, APIL Members’ Area and Companies House Webcheck.