‘A Practical Guide to Noise Induced Hearing Loss Claims’ by Andrew Mckie, Ian Skeate, Gareth McAloon
Publication due: November 2018
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NIHL claims are some of the most complex claims a practitioner is likely to face.
Generally this book covers issues in relation to NIHL and hearing loss claims, and in particular focuses on the day-to-day issues in practice that one encounters with such cases including spotting the ‘winners’ and ‘losers’ quickly and efficiently, practical tips for investigation, litigation tactics, as well as a summary of the law, the important cases, and how to run these claims efficiently.
Chapters cover the nature of the claim and technical background, relevant standards, who to sue, allegations of negligence and breach of duty, disclosure, remedies, expert evidence, causation, quantum and costs.
This is a book that any personal injury practitioner, looking to diversify into these areas, should not be without.
ABOUT THE AUTHORS
Andrew Mckie, Barrister at Clerksroom Manchester, is a specialist in claimant and defendant personal injury, travel and housing law practitioner. Andrew is also now co-owner of a Law Firm in Manchester, Barrister-Direct Limited, where he practices in personal injury, disease, travel and housing law including housing disrepair and cavity wall claims.
Ian Skeate, Barrister joined Clerksroom in January 2010 after practising from St Johns Buildings, Manchester since 2003. He has particular expertise in Personal Injury, Professional Discipline and Regulation, Employment and Costs. Ian is based in Manchester but his practice extends throughout the country especially in London.
Gareth McAloon is regularly instructed in all aspects of industrial disease work including; NIHL, HAVS, occupational asthma, asbestos-related disease, occupational stress, COSHH cases and work-related upper limb disorders. The majority of this work has been on the Multi-Track and has involved significant consideration of expert evidence of an engineering and medical nature. He has been involved in a number of trials where matters have been defended on all issues and has led to him cross-examining expert witnesses. In NIHL cases, Gareth has increasingly been instructed to deal with matters which have raised the issue de minimis injury and has become very familiar with the academic and medical literature which has discussed the aspects of material and noticeable hearing loss.
Chapter One – An Introduction to NIHL Claims
Chapter Two – Breach of Duty Pre-1989
Chapter Three – Breach of Duty After 1989 and the Statutory Provisions
Chapter Four – Limitation Issues and Relevant Cases
Chapter Five – Medical Causation and Expert Evidence
Chapter Six – Engineering Evidence and Expert Evidence
Chapter Seven – NIHL Cases in the Low Value Portal
Chapter Eight – Tinnitus Cases
Chapter Nine – Which Defendant to Sue and Dealing with Insolvent Defendants
Chapter Ten – Quantum and Special Damages