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
