Foster –v- Entek
Michael Ditchfield successfully defended this noise induced hearing loss claim; the first of its kind for the company involved.
Foster’s case developed serially over the course of the litigation process but,in essence, alleged that the hearing protection, with which he had been provided, conflicted with other necessary PPE rendering it ineffective.
Michael’s successful defence depended upon research and close analysis of HSE studies and manufacturer data regarding SNR of the equipment offered to the Claimant.
He persuaded the Court to follow his own Lepd calculations and accept, in preference to the expert’s evidence, a revised NIL calculation following Coles’ Guidelines.
The client wrote following the successful outcome:
“I would just like to say a big thank you for your submissions that helped... Entek win the hearing.
Thank goodness we won, but if we had not it certainly would not have been reflected on your efforts on the day.
Lessons have been learnt and further improvements are in the pipeline to tighten up our systems even more.”
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