header-logo header-logo

08 March 2013 / Frances Mcclenaghan
Issue: 7551 / Categories: Features , Personal injury
printer mail-detail

Know your limits

web_mcclenaghan_1

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll