header-logo header-logo

Know your limits

08 March 2013 / Frances Mcclenaghan
Issue: 7551 / Categories: Features , Personal injury
printer mail-detail
web_mcclenaghan_1

When is a claimant’s constructive knowledge deemed to kick in under LA 1980, asks Frances McClenaghan

In Joseph Johnson v Ministry of Defence, Hobourn Eaton Limited [2012] EWCA Civ 1505, Mr Johnson claimed damages for industrial deafness sustained as a result of being exposed to very loud noise while working for the defendants between 1965 and 1979. In 2001, Mr Johnson became aware that he had difficulty hearing; at this time he knew that exposure to loud noise was capable of causing hearing loss. It did not occur to him, however, that his deafness might have been caused by noise. He put his difficulties down to ageing and the occasional build-up of wax.

In 2006, during a consultation with his doctor about another matter, he asked whether there was any wax in his ears. The doctor examined his ears, pronounced them to be clear and advised that any hearing difficulty was probably due to his age, which was then 66.

In 2007, a claims handler told him that he might have a claim against his former employers and sent him to see 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