What’s all the noise about? The new Civil Procedure Rule provisions in relation to Noise Induced Hearing Loss.

The Civil Procedure (Amendment No. 2) Rules 2023 were enacted on 1^st October 2023, together with the 156^th Update Practice Direction Amendments and Explanatory Note.  This article provides an overview of the new Civil Procedure Rules (CPR) that apply to noise induced hearing loss (NIHL) claims.

The new CPR apply to a claim:

• which includes a claim for Personal Injury, other than a disease claim, where the cause of action accrues on or after 1^st October 2023.
• which includes a disease claim, where the letter of claim is sent to the Defendant after 1^st October 2023.

 

Fast Track

Part 45 Section VIII contains the rules on costs, in relation to NIHL claims allocated to the Fast Track.  CPR 45.53 states that:

 

“(1)     The only costs allowed in any claim to which this Section applies are-

            (a)       the fixed costs in Table 15; and

            (b)       the disbursements set out in Section IX of this Part.

(2)       The cost of any additional pre-litigation advice is included within the Stage A costs and is not separately recoverable.”

There is also a separate rule at CPR 45.56 for costs in respect of restoration proceedings.

 

Intermediate Track

It would appear that NIHL claims allocated to the Intermediate Track are likely be assigned to Band 3 because CPR 26.16, Table 2, Band 3 states:

“any more complex claim where more than one issue is in dispute, but which is unsuitable for assignment to complexity band 2, including noise induced hearing loss and other employer’s liability disease claim.”

Therefore, the relevant cost provisions for Band 3 on the Intermediate Track are contained in CPR 45.50 which states that:

“(1)     For as long as the case is not allocated to the multi-track, the only costs allowed in any claim which would normally be or is allocated to the intermediate track are-

            (a)       the fixed costs in Table 14; and

            (b)       the disbursements as set out in Section IX of this Part.”

 

Costs of Re-assignment/Re-allocation

CPR 26.18 permits parties to make an application for a claim to be re-assigned and re-allocated.  In relation to recoverable costs, it is treated as an “interim application”.  Therefore, Table 1 costs (plus the court fee) apply:

• Bands 1 to 3 on the Fast Track = £250
• Band 4 on the Fast Track, Intermediate Track, and NIHL = £333.

Article written by Dr Lindsey Hogg, whose practice encompasses the full range of Chambers’ work, with a particular interest in noise induced hearing loss. For further information, please contact our Clerks.

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