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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 a problem. It is important to be aware of them when considering the prospects of success with an individual claim and also when drafting letters of claim and statements of case. Since most NIHL claimants’ exposure to noise spans several years, it is often necessary to plead different breaches for different periods of exposure. Statutory duty Historical versions of legislation can be requested by Lexis+® UK Legal Research subscribers here. Section 29 of the Factories Act 1961 (previously section 5 of the Factories Act 1959)—to make and keep safe an employee’s place of work, so far as reasonably practicable. Regulation 44 of The Woodworking Machines Regulations 1974 states that where any person employed is likely to be exposed continuously for eight hours to a sound level of 90 dB(A) (A-weighting expresses average noise levels, C-weighting is a measurement of peak, impact or explosive noises) or is likely to be subject to an equivalent
PRACTICE NOTES
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. While it is an important diagnostic tool, practitioners should also review the claimant’s medical and employment records to determine whether there are other potential causes of hearing loss such as medications, hobbies or medical conditions. Basic pointers on audiograms The ability to read and interpret audiograms is essential when dealing with NIHL claims, whether acting for a claimant or defendant. If the audiogram does not indicate NIHL, a claimant solicitor should advise their client that no viable claim arises. The claimant will have undergone an audiogram arranged by their GP, employer, solicitor or a combination thereof. The audiogram typically consists of one or two pages in graph form. It is produced by an audiologist plotting the results of measuring an individual’s hearing at different frequencies. Properly read and interpreted, an audiogram provides a strong indication as to whether a claimant’s hearing loss is attributable to noise
NEWS
Law360, London: An appeals court told Nokia on 18 May 2026 that it cannot compel Acer and Asus to arbitrate over cross-licenses for their own patents in upcoming arbitration over claimable licences for the Finnish company's essential video-coding technology.
NEWS
Law360, London: Nokia told the Court of Appeal on 22 April 2026 that the English courts have no jurisdiction to set terms to licence its portfolio of video-codec patents to Acer and Asus, marking the latest jurisdictional dispute over standard-essential patents (SEPs) to reach the appellate court.
GLOSSARY
See Nominated Adviser.
GLOSSARY
The AIM Rules for Nominated Advisers published by the London Stock Exchange which set out the eligibility requirements, ongoing obligations and disciplinary matters relating to nominated advisers.
GLOSSARY
(1) This often means ‘before allowing for inflation’. If inflation is positive the nominal return on an asset is greater than its real return; (2) For a bond, see principal.
GLOSSARY
Nominal damages are a very small sum of money awarded by a court where a legal right has been infringed but the claimant or pursuer has not proved any actual, or more than minimal, financial loss. They mark the recognition of a wrong rather than compensating for quantifiable damage.In England and Wales and Northern Ireland, nominal damages commonly arise in contract and tort claims (for example, technical breaches of contract, trespass to land or to the person) and are shaped mainly by case law rather than statute. Awards are typically token amounts, sometimes as low as £1, to vindicate a right and may carry costs implications.In Scotland, nominal damages are broadly analogous to awards made to recognise an invasion of a legal right without material patrimonial loss, and are also largely judge‑made.In Ireland, nominal damages similarly recognise a wrong in the absence of proven loss and are grounded in common law authority.Across all four jurisdictions, nominal damages serve to: (i) confirm that the defendant acted unlawfully; (ii) preserve legal precedent; and (iii) potentially influence costs, interest and the availability of other remedies such as declaratory relief or injunctions.
GLOSSARY
A nominal periodical payments order may be appropriate where one party does not have a claim for a substantive periodical payments order but an immediate clean break would be inappropriate.
GLOSSARY
A rate of return expressed only in monetary terms, ie not adjusted for inflation.
GLOSSARY
The fixed par value or face value of a share or other financial instrument as defined in CA 2006, s 542. The market value of the share may thus be lower or higher than the nominal value. Any value above the nominal value is called the share premium.
GLOSSARY
Also known as a nomad, an adviser to an AIM company that provides corporate finance advice with particular expertise on AIM. Nominated advisers are approved by the London Stock Exchange which keeps a directory of nominated advisers on its website. An AIM company must retain a nominated adviser at all times (see Rule 1 of the AIM Rules for Companies). The Nomad Rules set out the eligibility requirements, ongoing obligations and disciplinary matters in relation to nominated advisers.