header-logo header-logo

Back to the future?

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

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll