In the Northern Ireland case of McDaid v Spanboard Products Limited, dated 7 May 2025, Deputy County Court Judge Logue delivered a key written judgment on noise-induced hearing loss (NIHL) that will significantly shape how future claims are assessed.
What has changed?
WHO 2021 hearing loss classification was adopted by the judge as the preferred method for assessing severity.
The WHO classification was then used alongside the 6th Edition of the Green Book to determine quantum.
This is the first NIHL Northern Ireland court ruling to formally endorse WHO 2021 as the evidential standard in NIHL litigation.
This is the first written judgment on NIHL valuation since the publication of the 6th Edition of the Green Book.
Why it matters
Expect the methodology of favouring the WHO grading system, based on functional impact and audiometric testing to be the favoured judicial approach to how expert evidence is considered by the court.
Future medical reports and cross-examinations will likely hinge on WHO’s frequency-based thresholds and real-world descriptors.
The spot figure for early hearing aid was increased to £1,500 (up from £1,000 in Atkinson 2015)
Borderline moderate loss attracted a significant award.
Case outcome
Applying the WHO framework, the plaintiff’s hearing loss (35dB in both ears) just exceeded the threshold for moderate loss. The court held that the hearing loss just exceeded the lower threshold of 35dB for moderate loss.
This level of hearing loss was effectively valued at £28,500 (i.e. £30,000 less £1,500 for early hearing aid need) for the 71 year old plaintiff.
The 6th Edition of the Green Book (B: deafness/tinnitus section) provides a band of £20,000–£60,000 for moderate hearing loss.
Limitation was not upheld. The plaintiff acknowledged awareness of hearing issues since 2016, with proceedings issued on 12 December 2023, a delay of over seven years.
Key takeaway for insurers
WHO 2021 is now effectively the new standard for grading NIHL in Northern Ireland.
Medical evidence and quantum will likely now reflect a dual approach: WHO for severity, Green Book for valuation.
Further decisions are expected to follow — a number of similar cases have already been heard with judgments pending.
Need more information
The full judgement can be read here.
For more information or analysis, please contact Sean McGahan or a member of our Disease Team.
