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)
