This site uses cookies.

PI Practitioner, February 2019

16/02/19. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for our PI Brief Update newsletter. Just select "Free Newsletter" from the menu at the top of this page and fill in your email address.

This month, we consider adverse inferences being drawn against defendants who fail to adduce evidence and instead simply put the claimant to proof, with reference to the recent case of Mackenzie v Alcoa Manufacturing (GB) Ltd [2019] EWHC 149 (QB).

In Mackenzie, the claimant had brought a claim for noise-induced hearing loss against his former employer, which he alleged resulted from his employment during the 1960s and 70s. At trial, it had been held that the defendant had come under a duty to measure noise levels in the workplace, and thus to take steps to mitigate excessive noise levels, in 1972, though on appeal it was found that the duty in fact arose around 1970. The key issue of fact for the judge at trial was whether, from the date the duty arose, the claimant had in fact been exposed to excessive levels of noise.

No evidence was available, at trial, of the...

Image ©

Read more (PIBULJ subscribers only)...

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.