header-logo header-logo

12 May 2011 / Boris Cetnik , Malcolm Keen
Issue: 7465 / Categories: Features , Personal injury
printer mail-detail

Back to the future?

Boris Cetnik & Malcolm Keen reflect on the ramifications of Baker v Quantum

The Supreme Court allowed the defendants’ appeals in Baker v Quantum Clothing Group Ltd and others [2011] UKSC 17, [2011] All ER (D) 137 (Apr) last month, the first noise-induced hearing loss (NIHL) case decided at this level. In largely restoring the judge’s 2007 judgment, the Supreme Court has returned NIHL practice back to the position prior to the Court of Appeal’s decision. But Baker’s consequences arguably go further. Potentially, it has ramifications for occupational illness litigation in general and for statutory interpretation—both in relation to the provision under consideration in Baker (s 29 of the Factories Act 1961 (FaA 1961)), and in relation to duties in other legislation passed many years ago.

The claim was one of seven test cases brought against four different employers in the textile industry known as the Nottinghamshire and Derbyshire Deafness Litigation (unreported, High Court, Nottingham District Registry, 14 February 2007). Between 1971 and 1989, the claimant, Mrs Baker, was exposed to noise at work between 85 and 90 dB(A) Lep,d (dB(A)

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll