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noise induced hearing loss claim win at trial despite pre action admission

1 May 2014

In Paul Ruthven v Goodyear Dunlop Tyres Limited the claimant employed by the defendants for a period of 14 years failed to plead that he relied on a pre-action admission of breach of duty, which had been made for a period of six years of his employment.

A defence denying breach of duty for the full period of his employment was filed for good reason. The claimant only made an application to rely on the pre action admission on the morning of the trial. The judge reminded the claimant that a defendant is not required to resile from an admission unless the point is taken. The claimant had failed to do so and the case had been fully contested and prepared on all issues throughout.

The judge accepted the defence’s lay and expert evidence on liability and in dismissing the claimant’s claim held “This is a company that took health and safety seriously”. It is good to see a client’s hard work and willingness to engage in the litigation process justly recognised.

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