Law digests: 27 May 2022

Damages

Storey v British Telecommunications plc [2022] EWCA Civ 616 [2022] All ER (D) 14 (May)

The Court of Appeal, Civil Division, allowed the appellant’s appeal against the decision of the County Court that granted summary judgment to the respondent. The appellant issued a claim against his then employer, the respondent, for damages and financial loss arising from personal injuries suffered in consequence of an accident at work. While the appellant was speaking to the customer, he was exposed to a sudden intense high-pitched crackling sound through the headset. The court held, among other things, that acoustic shock was different from, and unrelated to, noise-induced hearing loss, caused when people were exposed to sound that was loud enough to damage the ears. Acoustic shock could be caused at a level of noise well below that which presented a risk of noise-induced hearing loss, and the adverse impact could be due more to the pitch and acoustic pressure than to the sound level itself. Given the evidence that acoustic shock could occur at