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Is noise induced hearing loss (NIHL) / tinnitus a disease claim – or an injury claim?

Posted Thursday 20th November 2014

On 16th October 2014, Mr Justice Phillips sat in the High Court in Cardiff to hear arguments on the issues surrounding whether noise induced hearing loss (NIHL) / tinnitus should be classed as a disease claim - or an injury claim. 

The hearing was for the purposes of fixed success fees pursuant to the Civil Procedure Rules (CPR) 45.23(3)(e) – section V ‘Fixed recoverable success fees in employers’ liability disease claims’. 

Submissions concluded on 3rd November 2014 before Mr Justice Phillips in Birmingham.  Further oral argument was heard regarding how noise induced hearing loss / tinnitus should be classed.

At present, no further update is available.  However, we can confirm that judgment was reserved and will be handed down in due course.  Further reports on the judgment will be made available once it has been handed down.  Information will be made available on the County Cost Consultant’s website as and when it becomes available.

So, what are you views?  Is noise induced hearing loss (NIHL) / tinnitus a disease or injury…

With reports on the judgment yet to be made available, there is clearly much interest surrounding this case.  And there are also huge ramifications too with regards to the outcome and the success fee.

For the purpose of recovering a 62.5% success fee, noise induced hearing loss / tinnitus claims have currently been classed as a disease claim.  However, the debate is now focused on whether a noise induced hearing loss (NIHL) / tinnitus claim is in actual fact a bodily injury and, as such, the automatic uplift of 62.5% in these types of cases will not apply.

It seems that in order to ascertain whether noise induced hearing loss (NIHL) / tinnitus is to be classed as a disease or an injury, a great deal of reference has been made to medical reports, academic works, such as Hunter’s Disease of Occupations and Mechanisms of Noise Induced Hearing Loss, and even dictionary definitions. 

Further information on the classification of noise induced hearing loss (NIHL) / tinnitus, and reports on the judgment once it has been handed down, will be made available on the County Cost Consultant’s website.  Or talk to us today to discuss your views on noise induced hearing loss (NIHL) / tinnitus.

County Cost Consultants: We’re one of the UK’s leading full-service law costs draftsman firms…

As one of the UK’s leading full-service law costs draftsman firms, County Cost Consultants understands your industry demands and challenges in great detail.  We have the specialist knowledge, experience and skills to deal effectively and quickly with even the most complex of noise induced hearing loss (NIHL) / tinnitus cases.

We understand that when dealing with cases such as noise induced hearing loss (NIHL) / tinnitus claims, not only is a highly professional approach required – but also one of empathy, sensitivity and awareness is crucial to a positive outcome too.

Since 2000, the County Costs Consultants’ team of law costs draftsman and law cost negotiators has been dealing with an extensive variety of demanding, challenging and intricate noise induced hearing loss (NIHL) / tinnitus claims.  What’s more, we appreciate the importance of attention to detail and patience when dealing with complex arguments.  And we take immense pride in our proven ability to be able to recover legal costs with speed, efficiency and accuracy.

We believe that our expertise and competence is essential to ensuring successful noise induced hearing loss (NIHL) / tinnitus claim resolutions and outcomes.  So for further information on County Cost Consultants’ unrivalled legal costs knowledge and excellent levels of customer service, or to discuss your noise induced hearing loss (NIHL) / tinnitus case in more detail, please call 0844 579 6885 or send us an email info@countycosts.co.uk.  

See what our clients have to say…

We have used the services of County Cost Consultants Ltd for a number of years now and their performance and the results they achieve have been consistently excellent and better than all other costs draftsmen or lawyers that we have used previously. They consistently produce excellent bills and achieve very quick and very good results and payments. Alex Clapp, Director, often has personal conduct of negotiating settlements in our cases and this leads to a superb level of recovery for us. We have also always found County Cost’s staff without exception to be extremely competent, thorough and efficient. I would recommend County Cost’s services very highly indeed.
Michael Saul, TJL solicitors
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