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08 March 2013 / Frances Mcclenaghan
Issue: 7551 / Categories: Features , Personal injury
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Know your limits

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When is a claimant’s constructive knowledge deemed to kick in under LA 1980, asks Frances McClenaghan

In Joseph Johnson v Ministry of Defence, Hobourn Eaton Limited [2012] EWCA Civ 1505, Mr Johnson claimed damages for industrial deafness sustained as a result of being exposed to very loud noise while working for the defendants between 1965 and 1979. In 2001, Mr Johnson became aware that he had difficulty hearing; at this time he knew that exposure to loud noise was capable of causing hearing loss. It did not occur to him, however, that his deafness might have been caused by noise. He put his difficulties down to ageing and the occasional build-up of wax.

In 2006, during a consultation with his doctor about another matter, he asked whether there was any wax in his ears. The doctor examined his ears, pronounced them to be clear and advised that any hearing difficulty was probably due to his age, which was then 66.

In 2007, a claims handler told him that he might have a claim

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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