Claimant Loses QOCS Protection Following Discontinuance of NIHL Claim - Sarah Stutchfield, DWF
30/09/16. It is not uncommon for noise induced hearing loss claims to be issued without medical evidence and we have on a number of occasions successfully applied to have claims struck out for failing to comply with the CPR. In this recent decision not only was the claim struck out, but as this was a post-LASPO case, the claimant automatically lost his QOCS protection. Because the strike out application did not have to involve considerations of fundamental dishonesty, the insurer was in an improved position as there was no need to seek the court’s permission to set aside QOCS protection to be able to enforce the costs order. Sarah Stutchfield who acted for the defendant explains the decision.
Background
The letter of claim in this noise induced hearing loss case was dated 17 March 2015. Proceedings were issued on 22 August 2015 but not served until 17 December 2015. No medical evidence was served with the particulars of claim but the claimant's solicitors served a screening audiogram which had been conducted on 7 October 2015.
In the nine month period between the letter of claim and the proceedings being served, the claimant’s solicitors had been afforded ample opportunity to obtain medical evidence in support of their client's claim. However no reasonable explanation for the delay was forthcoming...
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