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District Judge Glennis Corkill discusses the current trend of noise-induced hearing loss cases and advises practitioners on how to approach the court with them

10 January 2017

Courts regularly experience trends which result in an influx of claims above the anticipated norm. Currently, there are being issued a large number of noise-induced hearing loss (NIHL) cases.

Case management of NIHL claims will be by a district judge either in box work or at a hearing. I am able to say that in many courts there is a similar approach to certain key aspects.

Allocation

The majority of claims are within fast-track limits and are often valued at less than £10,000. Consequently, when considering allocation the judge is mindful of CPR 1.1 and the requirement to deal with a case ‘justly and at a proportionate cost’.

Parties frequently seek allocation to the multi-track, citing complexity due to arguments on limitation, breach of duty, or causation, none...

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