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Summary of Recent Cases, December 2019

15/12/19. Here is a summary of the recent notable court cases over the past month. 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.

Summary of Recent Cases - Substantive Law

Mackenzie v Alcoa Manufacturing (GB) Ltd [2019] EWCA Civ 2110

In this appeal Lord Justice Dingemans considered in what circumstances it is appropriate to draw an adverse inference against the operator of a factory in noise-induced hearing loss cases, pursuant to Keefe v Isle of Man Steam Packet Company Limited [2010] EWCA Civ 683.

Keefe concerned a seaman who had been exposed to noise whilst working in ships' galley. No noise assessments had been made by the shipowners. Longmore LJ held that: "If it is a defendant's duty to measure noise levels in places where his employees work and he does not do so, it hardly lies in his mouth to assert that...

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