What does Noise mean? In transactional, finance and insurance practice, noise describes uncertainty or variability in outcomes that is not driven by investment market movements. It is a descriptive expression rather than a defined legal term in the UK or Ireland. Examples include an insurer’s uncertainty over the frequency, timing and severity of future claims on its book, or short-term, immaterial fluctuations in working capital or earnings unrelated to market prices. Lawyers refer to noise when allocating non-market risk in contracts, for example in pricing mechanisms, earn-out or working capital true-ups, financial covenants, material adverse change clauses, warranties and indemnities, and in regulatory...
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The principal source consulted by medicolegal specialists and the courts when diagnosing Noise‑induced hearing loss (NIHL) is Coles, Lutman and Buffin’s ‘Guidelines on the diagnosis of noise‑induced hearing loss for medicolegal purposes’, issued in April 2000 (the CLB Guidelines). The same authors subsequently produced the ‘Guidelines for Quantification of Noise‑Induced Hearing Loss in a Medicolegal Context’ in 2015 (the LCB Guidelines), as the CLB document addressed diagnosis only and could not be used to quantify NIHL. Both sets of guidance are reviewed in this Practice Note, which also touches briefly on the ‘Guidelines for Diagnosing and Quantifying Noise‑Induced Hearing Loss’ by Moore, Lowe and Cox, published in 2022 (the rM‑NIHL Guidelines).
NIHL claims are challenging because demonstrating that a Claimant:
is insufficient, on its own, to satisfy a court that occupational noise caused the loss. Noise‑related damage usually affects the higher frequencies; however, age‑related hearing loss (presbyacusis) predominantly involves the same frequencies. Robust guidelines are therefore essential to assist experts and the courts in distinguishing NIHL from presbyacusis...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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