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Published 6 September 2017
DAC Beachcroft Partner and Head of Strategic Litigation, Andrew Parker, has spearheaded a major new initiative for the Civil Justice Council (CJC) to resolve noise-induced hearing loss (NIHL) claims more cost-effectively.
NIHL claim numbers rose dramatically between 2010 and 2015, reaching over 87,000 in early 2015. Recognising it needed to act, the Government asked the Civil Justice Council to set up a working party of specialists, comprising defendant and claimant lawyers, insurers, barristers and a judge. Chaired and led by DAC Beachcroft's Andrew Parker, the group was asked to come up with recommendations for resolving NIHL cases more quickly and to agree a table of fixed legal costs for this type of case.
The report, which was compiled by Parker and published by the CJC today, sets out a matrix of fixed recoverable costs for various stages, pre and post-litigation, for routine fast-track NIHL claims. It also recommends improvements to the pre-action process, such as requiring claimants to provide more detailed letters of claim, including an audiogram from an accredited audiologist and a schedule of employment from HMRC to verify the claimant's working history.
The report has been endorsed by the Master of the Rolls, Sir Terence Etherton, who has submitted it to the Lord Chancellor, the Rt. Hon. David Lidington, recommending that its findings should be adopted as part of the wider review of fixed costs.
"The proposals we came up with will cover a significant majority of NIHL claims," explained Parker. "I am very grateful to all those who worked with me and helped to achieve a successful conclusion to a complex set of problems.
"The fixed costs which we've put forward were agreed by all sides as a fair outcome and, together with changes we also suggested such as requiring claimants to provide more detailed letters of claim that include an audiogram from an accredited audiologist, should see a real improvement in how NIHL claims are handled."
Helen Faulkner, Head of Insurance at DAC Beachcroft, added: "The publication of this report is a great demonstration of DAC Beachcroft's involvement in market initiatives and a testament to the Civil Justice Council's track record of dispute resolution in this area. The working party is to be congratulated on taking this process to a successful conclusion, for the benefit of claimants and defendants alike."
To access the full report, please click here.
For more information, please contact Jo Patteson, Insurance PR Manager at DAC Beachcroft, on 0117 918 2187 or at email@example.com. Alternatively, please email firstname.lastname@example.org.