PI & Clinical Negligence analysis: Mr Barry, aged 34 at trial, served in the Royal Marines for four years. He was medically discharged, aged 29, with noise-induced hearing loss and tinnitus after noise exposure during training activities. The Ministry of Defence (MOD) conceded primary liability. The main issues between the parties were: (1) whether damages should be reduced for contributory negligence; (2) the quantum of damage (in particular, whether Mr Barry was disabled within the meaning of the Ogden Tables, and whether future earnings losses should be calculated on the multiplier/multiplicand basis); and (3) the correct approach to the diagnosis and quantification of noise-induced hearing loss. The court did not find Mr Barry to be contributorily negligent. He was found to be disabled and the multiplier/multiplicand approach was used, with a modification to the reduction factor. The final total of damages awarded was £713,716. The court declined to address the questions of scientific causation and quantification of noise-induced hearing loss raised by the parties, noting that the parties were largely agreed on the outcome in this particular case, and that there was a large cohort of similar cases in which these issues would be considered more fully. Written by David Green, barrister at 12 King’s Bench Walk.