Noise-induced hearing loss at Supreme Court By Boris Cetnik and Malcolm Keen, Berrymans Lace Mawer

By Boris Cetnik and Malcolm Keen, Berrymans Lace Mawer LLP

The Supreme Court’s decision in Baker v Quantum Clothing Group Ltd and others [2011] UKSC 17 provides guidance for handling future noise-induced hearing loss (NIHL) claims. In allowing the defendants’ appeals, the Supreme Court has confirmed the average employer will not be in breach of duty either at common law or under statute for allowing exposure to noise below 90 dB(A) Lep,d without hearing protection before January 1, 1990. Baker’s effect for insurers may go beyond NIHL litigation. It may have implications for other claims in which breach of duties under the Factories Act 1961 and other similarly worded legislation is alleged, for the relationship between duties at common law and under statute, and for the status and effect of generally accepted industry guidance. Berrymans Lace Mawer acted for Pretty Polly, one of the three successful appellant employers.