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APIL Guide to Noise Claims

APIL Guide to Noise Claims (Paperback)

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LawLaws of Specific jurisdictionsEntertainment & media lawDefamation law, slander & libelLawLaws of Specific jurisdictionsTorts / DelictsPersonal injury Publisher: Jordan Publishing Ltd Publication Date: 31/03/2016 ISBN-13: 9781846619281  Details: Type: Paperback Format: Books
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More books by Chris Fry

Customer Reviews

NOISE MATTERS: WE ARE WELL SUPPORTED BY APIL AND JORDANS WITH THIS NEW PRACTICAL EXPOSITION OF HOW TO HANDLE NOISE PROCEEDINGS An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers The issue of noise is often underestimated by both clients and the professional adviser when we become involved in litigation. Lucky for us, we have this excellent new work on noise claims written by Chris Fry and Theo Huckle QC available as a book and an ebook. It is designed as a manual to help lawyers understand the core principles and identify viable cases as early as possible, and they have been most successful in their task. It is quite clear to us as practitioners that the collaboration between the Association of Personal Injury Lawyers (APIL) and Jordan Publishing has been of massive benefit to all of us advising and acting in proceedings for personal injury. The book is also very reader-friendly and easy for a litigant in person to understand thanks to the logical layout and simple structure of the guide and the excellent ‘real world’ case study. One of the most important areas covered in the APIL/Jordans series is a newcomer to industrial deafness work classed here as ‘noise claims’. The authors have succeeded brilliantly in giving us a practical commentary covering all the main issues in this field in seven short and detailed chapters covering 150 odd pages of the paperback, plus two useful appendices. The guide includes the following: it sets out a case study through the entire claim process starting with the initial triage risk assessment, through claim intimation and the pre-action protocol, the collection of lay witness evidence, expert medical and acoustic engineering evidence to completion. There is a comprehensive analysis of the regulatory framework, and the authors explain how to analyse audiograms against the Coles, Lutman & Buffin Guidelines on the Diagnosis of Noise Induced Hearing Loss (NIHL) for Medico-Legal Purposes which we thought most helpful guidance. Guidance is also given on how to work out noise emission levels saving substantial time and expense in utilizing experts and improving risk management. There are several precedents including a Letter of Claim, Pre-Action Disclosure Applications and Pleadings included which we found of great assistance for both professionals and lay people. Fry and Huckle say that when they started out in noise work they were armed with little more than the pre-action protocols and a blind faith that the medical expert opinion confirming NIHL was “likely to be scientifically accurate, and reliable”. Just so, but beware of the complexities which are illustrated throughout this guide. They comment that “for years the battle ground in litigation was primarily over whether a claim had been brought in time, and occasionally whether noise levels were high enough to show that the Defendant was in breach of duty”. Their conclusion was that “diagnosis was rarely at issue!” The authors comment that the case-law is again rapidly evolving with “many bright young lawyers pursuing new approaches” so the Young Bar will be delighted to know that there will be a new edition in the foreseeable future. The writers also stress that it is most important not to underestimate the complications and numerous risks at each stage of an NIHL case which is why this new title is worth its weight in gold to those pursuing new approaches to noise claims. The publication date is March 2016.

- 11/08/2016
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