Noise-Induced Hearing Loss Claims & Adverse Inferences

Introduction

Adverse inferences provide an interesting opening for claimants and weakness for defendants who are in breach of their duty to undertake noise surveys. But what does the law actually mean for judicial interpretation of the evidence?

What does the lead authority of Keefe v Isle of Man Steam Packet, as interpreted by more recent cases like MacKenzie v Alcoa mean for noise claims at trial or for tactics in case preparation or settlement?

These are questions that cannot be divorced from the important role for acoustic engineers in noise litigation: but what are the proper limits for an engineer’s role and how ought that influence the way they are instructed or asked Part 35 questions?

What You Will Learn

This webinar will cover the following:

• The up-to-date law on adverse inferences in industrial disease litigation, which has applicability beyond the noise domain
• How to persuade a tribunal to adopt or not to adopt adverse inferences owing to a lack of noise surveys
• How potential adverse inferences should influence case preparation or litigator decision making
• How best to handle acoustic engineers to get the best results for claimants or defendants
• Ensuring witness statements are properly prepared in cases where adverse inferences may be drawn

This webinar was recorded on 25th April 2023