CCF cadet hearing injury claim - who is responsible?

Pandaplodder

Badgeman
In England and Wales, the limitation period is 3 years from when the victim became aware that he or she had a cause of action. Where the victim is under 18, the 3 years start running from the 18th birthday. That is legal advice (I’m a practising barrister).
That's interesting, someone I was in the TA with is trying to take the MoD to court over the same issue, he left the TA through disbandment of his unit that was in 1999, apparently, there is a firm called Hugh James which specialises in it. No win no fee. They take 20%.
 

huwshpis

War Hero
Hugh James, Jones and Jenkins was originally a Cardiff firm, they’ve expanded nationally. The London office is in Temple Chambers, Temple Avenue EC4.
 

MightyWhitey123

Midshipman
In England and Wales, the limitation period is 3 years from when the victim became aware that he or she had a cause of action. Where the victim is under 18, the 3 years start running from the 18th birthday. That is legal advice (I’m a practising barrister).

I was aware of the incident when it happened. But I only attributed the cause of my deafness when very recently I was referred by a neurological vestibular specialist to another expert specialist (ear,nose and throat ) to investigate a possibility of another condition ( Meniere's Disease - which was then discounted).

The latter specialist ( British / Australian ) said that i had NIHL from an auditory blast in the one ear, and i then relayed my experience on the ship. He said that I can sue. The specialist is considered a global leader in Cochlear Ear technology and implant programs, and i assume well connected with similar accident instances and legal reports for lawyers. Blah blah ....

So, I only became aware of the medical diagnosis just now.

I noticed (for example ) that down here in Australia a major industrial employer is still receiving claims that are 40 years old, despite the limitations on time.

Case Studies provided in Appendix B to this submission show that BlueScope is receiving claims up to 40 years and even more after the deemed date of injury https://www.sira.nsw.gov.au/__data/...l-Submission-9-October-2019-Word-Redacted.pdf

Where does that put me in terms of the time limitations and who is potentially liable for the negligence and duty of care?
 

huwshpis

War Hero
If you only became aware of the diagnosis recently, you may still be in time to sue. If the incident occurred on an RN vessel, your claim is against MoD in the courts of England and Wales. You need to consult appropriately specialist solicitors here.
 

MightyWhitey123

Midshipman
If you only became aware of the diagnosis recently, you may still be in time to sue. If the incident occurred on an RN vessel, your claim is against MoD in the courts of England and Wales. You need to consult appropriately specialist solicitors here.

Thanks. That's hugely helpful.

I figured to save on costs that i would do as much prep work as possible, but I'll give Hugh James, Jones and Jenkins a call as recommended.

In terms of evidence, I know the approx date within a couple of days range, the RN vessel name, the weather conditions ( per fog ), the school CCF unit. In terms of reporting, nobody did anything, just laughed it off and we took it on the chin, like tough 15 yr olds do !!

The specialist said there is no other genetic or disease link.


Ah one more thing, in terms of supporting evidence and claims I have:

- the name of the ship
- a small date range
- related location and weather conditions (fog)
- CCF unit / school
- position on the ship ( in front of the bridge )
- specialist medical advise

Will it be possible to obtain further necessary evidence from the RN ?
e.g.
- cadet names / manifests
- corroborating evidence with regards to weather conditions, sounding of fog horns

Is there anything more and if my evidence is insufficient, is it enough to at the very least claim that the circumstances would have contributed to NIHL ?
 
Last edited:

huwshpis

War Hero
Thanks. That's hugely helpful.

I figured to save on costs that i would do as much prep work as possible, but I'll give Hugh James, Jones and Jenkins a call as recommended.

In terms of evidence, I know the approx date within a couple of days range, the RN vessel name, the weather conditions ( per fog ), the school CCF unit. In terms of reporting, nobody did anything, just laughed it off and we took it on the chin, like tough 15 yr olds do !!

The specialist said there is no other genetic or disease link.


Ah one more thing, in terms of supporting evidence and claims I have:

- the name of the ship
- a small date range
- related location and weather conditions (fog)
- CCF unit / school
- position on the ship ( in front of the bridge )
- specialist medical advise

Will it be possible to obtain further necessary evidence from the RN ?
e.g.
- cadet names / manifests
- corroborating evidence with regards to weather conditions, sounding of fog horns

Is there anything more and if my evidence is insufficient, is it enough to at the very least claim that the circumstances would have contributed to NIHL ?
I’m not best placed to say much more about this, it’s outside my area of practice, but Hugh James, Slater and Gordon, Irwin Mitchell or Leigh Day would be good firms to contact.
 

MightyWhitey123

Midshipman
I’m not best placed to say much more about this, it’s outside my area of practice, but Hugh James, Slater and Gordon, Irwin Mitchell or Leigh Day would be good firms to contact.

I also Googled some "no win - no fee" firms, Slater and Gordon came up on that list, but I'll put a call in the next few days to a few you've recommended.

Thought I'd mention the "no fee - no win" resource around military injuries in case anyone reading this thread thought that getting legal representation was out of their financial capacity due to hard times etc and needed help.
 

buffersduffer

Lantern Swinger
Playing devils advocate and having been dragged to court myself by someone looking for easy cash.....

How close to the horn were you all standing ? I take it you wasn’t alone...
Did you observe deck markings to stay away from aerials & horns ?
How many others were so seriously injured they waited years to claim ?
If injured (and having flown long haul myself for 30 odd years), how do you get from the U.K. to Oz ? Flying has possibly wrecked you hearing ?
Will the specialist you’ve seen back you up in court ? Is that specialist free in Oz as there’s no NHS....

A decent brief will tear you a new one whilst your gripping the rail, make sure your water tight, any holes in your case and you may find the briefs who were quick to offer their services drop you like a stone if / when you lose and have to pick up costs !
 

MightyWhitey123

Midshipman
Playing devils advocate and having been dragged to court myself by someone looking for easy cash.....

How close to the horn were you all standing ? I take it you wasn’t alone...
Did you observe deck markings to stay away from aerials & horns ?
How many others were so seriously injured they waited years to claim ?
If injured (and having flown long haul myself for 30 odd years), how do you get from the U.K. to Oz ? Flying has possibly wrecked you hearing ?
Will the specialist you’ve seen back you up in court ? Is that specialist free in Oz as there’s no NHS....

A decent brief will tear you a new one whilst your gripping the rail, make sure your water tight, any holes in your case and you may find the briefs who were quick to offer their services drop you like a stone if / when you lose and have to pick up costs !

TBH - I was one week into my 15th birthday and not aware or guided on what to do. My fellow cadets may have been affected, but were facing the horn, whereas my left ear was directly exposed. But I can't speak for them - it's too long ago.

Sure, the specialist is a leading British / Australian hearing specialist, and recognized for implementation of hearing programs in Australia with honours to boot. So his reputation, recommendation and experience would be key ... blah blah, i would think, as would be finding a lawyer interested in taking this on.

I can't see the compensation being great for NIHL from what i can see on the net, so if the legal process can be covered I'd hope there would be no need to end up in Court. But who knows.
 

huwshpis

War Hero
When you talk to the solicitors, make sure you ask about After The Event (ATE) insurance, if you can get it, it will protect you from most of the costs consequences if things go wrong.
 

Latest Threads

Top