Lexis Nexis
APIL Guide to Noise Claims
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Product description
Why should you buy APIL Guide to Noise Claims
The APIL Guide to Noise Claims is an essential reference guide for claimant lawyers engaged in industrial deafness work.
The practical commentary covers the following matters:
- Dealing with a deafness enquiry
- Comprehensive analysis of the regulatory framework and the issue of limitation in bringing claims
- Effective collection of lay evidence, and expert medical and acoustic engineering evidence
- How to analyse audiograms against the Coles, Lutman & Buffin 'Guidelines on the Diagnosis of Noise Induced Hearing Loss for Medico-Legal Purposes'
- How to work out noise immission levels saving substantial time and expense in utilising experts and improving risk management
- Managing a claim in the portal
- Quantum
In addition to the practical commentary, there are several precedents including a Letter of Claim, Pre-Action Disclosure Application and Pleadings.
Preface
When we started out in noise work, we were armed with little more than the pre-action protocols and a blind faith that the medical expert opinion confirming Noise Induced Hearing Loss was likely to be scientifically accurate, and reliable. 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. Diagnosis was rarely at issue.
Featured Authors
Chris Fry
Solicitor and Managing Partner, Unity Law
Theo Huckle KC
Doughty Street Chambers
Table of contents
Preface
Association of Personal Injury Lawyers (APIL)
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of EC Materials
Glossary
- Breach of Duty: Development of the Regulatory Framework on Noise
- Engineering Evidence
- Limitation
- Medical Diagnosis
- Quantum
- Dealing with a Deafness Enquiry
- Deafness Claims under the Pre Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability)
- Template Noise Induced Hearing Loss Questionnaire
- Model Letters, Pleadings and Applications
