Deafness claims

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Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Nov
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
Practice notes
General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
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9th Nov
Practice notes
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...
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Produced in partnership with Andrew Wilson 9th Nov
Practice notes
To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...
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Produced in partnership with Andrew Wilson 9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...
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9th Nov
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 9th Nov
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 9th Nov
Precedents
Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...
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9th Nov
Practice notes
Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...
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Produced in partnership with Andrew Wilson 9th Nov
Practice notes
The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

Most recent Deafness claims content

Precedents
Claim No. [insert number]In the County Court at [insert location]Between[Insert claimant name]        Claimantsand[Insert defendant...
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Produced in partnership with Tom Pacey of 12KBW 30th Sep
Q&As
Limitation in noise induced hearing loss claimsTinnitus can cause some confusion in considering limitation. For further guidance, see Practice Note:...
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28th Sep
Q&As
The date of the accident is potentially determinative of whether the Third Parties (Rights Against Insurers) Act 1930 (TP(RAI)A 1930) or the new Third...
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Produced in partnership with Andrew Wilson 28th Sep
Practice notes
Client’s instructionsAs with any personal injury claim the client’s instructions will be crucial. If they have remained resident in the area where the...
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26th Sep
Practice notes
Noise induced hearing loss is referred to as NIHL in this Practice Note.General damagesThe factors relevant to the likely level of general damages...
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Produced in partnership with Sue Brown 26th Sep
Precedents
AddressYour Ref:Our Ref:Please ask for:Date:Telephone:Email:Dear [insert organisation name]Re: Claimant’s Full Name:Claimant’s Full Address:Claimant’s...
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26th Sep
Practice notes
Basic pointers on audiogramsThe ability to read and interpret audiograms is essential when dealing with noise-induced hearing loss (NIHL) claims. If...
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26th Sep
Practice notes
The primary resource used by medicolegal experts and the courts in the diagnosis of noise-induced hearing loss (NIHL) is the document by R. E. Coles,...
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25th Sep
Practice notes
In the majority of noise induced hearing loss (NIHL) claims the noise exposure that caused the hearing damage occurred many years ago. The workplaces...
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25th Sep
Practice notes
Air conduction (AC)The transmission of sound through the outer and middle ear to the inner ear. The standard audiogram is measuring air...
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25th Sep
Practice notes
Limitation is almost always an issue in NIHL claims. The typical claimant is someone who was exposed to noise at work much more than three years...
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25th Sep
Practice notes
There have been a number of developments in the law relating to noise exposure in the workplace since 1963 when it was first officially recognised as...
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25th Sep

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