Tracing defendants and insurers in NIHL claims

Produced in partnership with Sue Brown
Practice notes

Tracing defendants and insurers in NIHL claims

Produced in partnership with Sue Brown

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

In the majority of NIHL claims, the noise exposure that caused the hearing damage occurred many years ago. The workplaces may have closed down or changed hands, companies been wound up or taken over by other organisations and sometimes even an internet search yields no information about the claimant's former employer. Indeed, tracing the employers is often only the first step. If they are no longer trading, it is the insurers for the claimant’s period of employment who must be traced.

There are some resources that can assist in tracing defendants and insurers.

HMRC schedule

In almost every NIHL claim, it is essential to obtain the claimant’s employment history from HMRC. An application should be made using the HMRC application form.

HMRC will provide the name of the claimant’s employers for every tax year going back to 1961/1962. The HMRC

Sue Brown
Sue Brown


Susan Brown qualified as a solicitor in 1996, and was a partner and Head of Personal Injury at niche West End litigation firm Reid Minty until 2003, when she moved to the in-house legal team for Royal&SunAlliance.

She was with Prolegal from 2007 to June 2016 as Head of Personal Injury and Professional Negligence. She is now a mediator and a director of Claims Portal and Medco.

Sue has specialised in personal injury, clinical negligence and professional negligence claims for over 20 years and has a particular interest in asbestos disease claims and in complex psychiatric injury claims. She has handled a wide range of professional negligence claims including against solicitors, surveyors, architects and accountants.

Sue talks and makes regular published contributions in the legal and national press on issues of personal injury, professional negligence, costs and funding.

Sue was Chair of the Motor Accidents Solicitors Society from 2014 to 2016 and is an APIL Senior Litigator.

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Jurisdiction(s):
United Kingdom
Key definition:
Tracing definition
What does Tracing mean?

The process of identifying a new asset as the substitute for the old trust asset.

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