Knowledge of significance

Field v British Coal Corporation (Department for Business Enterprise & Regulatory Reform) [2008] EWCA Civ 912

The claimant alleged noise-induced hearing loss (NIHL) as a result of his being employed in various coalmines from 1982 to 2003. NIHL was diagnosed in November 2003 and he issued his claims in August 2006. The judge applied an objective test and found the claimant should have been aware of the significance of his hearing loss by March 1998 and the claim was therefore statute-barred.