Bc Disease News a Weekly Disease Update

25 November 2016 Edition 165

BC DISEASE NEWS A WEEKLY DISEASE UPDATE

CONTENTS

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Welcome Welcome

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Welcome to this week’s edition of BC Disease News. Asons Solicitors Receive Controversial Bail Out From In the last week it has been revealed that Bolton County Council has awarded a Local Council ‘secret’ emergency grant of £300,000 to Bolton based claimant solicitors firm Asons Solicitors Ltd. The timing of the grant has caused much controversy as it PAGE 5 was made alongside a claim by HMRC against Asons, also for £300,000. Elsewhere, the High Court has ruled that a part 36 offer extinguishes a previous common law offer to settle. Part 36 v Common Law

Offer To Settle This week we present, in the first of a two part feature, a return to the topic of asymmetrical hearing loss and noise exposure and consider whether it can be Government PI Reforms compatible with a diagnosis of NIHL by considering some recent studies on the Open To Judicial Review? subject.

PAGE 6 Any comments or feedback can be sent to Boris Cetnik or Charlotte Owen.

Update On Review of Fixed As always, warmest regards to all.

Recoverable Costs

Majority of Solicitors Fail to SUBJECTS Stick To Budgets Survey Reveals Asons Bail Out – Part 36 Offer v Common Law Offer – Government PI Reforms and Judicial Review – Fixed Recoverable Costs Update – Solicitors Fail To Stick To Feature Budgets – Asymmetrical Hearing Loss and Noise Exposure. Asymmetrical Hearing Loss And Noise Exposure

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Cliff Morris has explained that the grant was intended to assist the firm with its move to Asons Solicitors Receive different premises earlier in the year and to ensure that the 263 jobs tied to the firm are retained in Bolton for the next five years after the firm had suffered losses in the previous Controversial Bail Out financial year. In a statement Cliff Morris said:

From Local Council ‘The council’s investment will be repaid through their business rates, which we estimate to be more than £460,000 and this will be reinvested across the borough. This is on top of the Last week it was revealed that Bolton value from retaining the firm in the town centre, which should return £10m to our local County Council has awarded a ‘secret’ economy over the next five years’. emergency grant of £300,000 to Bolton based claimant solicitors firm Asons However, the controversy surrounding this grant has increased following revelations in Asons’ Solicitors Ltd.1 annual accounts that HMRC are attempting to recoup exactly £300,000 in relation to PAYE/NIC due as a result of previous profit extractions that are chargeable as earnings from 3 The award was made by Bolton Labour employment. leader, Cliff Morris, under the Emergency Doubt has also been raised over likelihood of repayment of the ‘investment’ due to Asons Powers Procedure (EPP), in a meeting which themselves, in their annual accounts, listing the recent PI reforms as ‘the key risk facing the was closed to the press and public. Bolton business. Council’s constitution describes the EPP as Other local solicitor firms have also been criticising the grant, with one partner at a rival the:2 claimant firm reportedly stating:4

‘Authority to take any action on behalf of ‘This is extremely worrying. Law firms up and down the country have been subjected to the the Council in any cases of urgency’. same challenging market conditions as Asons, so why has it been given preferential funding?’ However, there is a procedure which must be followed before this power can be Another Lancashire solicitors firm has said that they intend to report the grant to the National exercised which includes: Audit Office to see if further action is required. It stated:1

- Consultation to be undertaken by ‘The local health services are under pressure and the council itself has announced the officer seeking to use redundancies, so you have to ask how it can afford to do this’. emergency powers with the relevant Scrutiny Committee Chair Alongside these criticisms, some news sources have highlighted the apparently close (or Vice Chair) with an relationship that Asons CEO, Dr Imran Akram, has with many prominent Labour politicians, explanation given as to why the including, the Bolton Labour leader Cliff Morris, Labour Party Leader Jeremy Corbyn and EPP is being used. London Labour Mayor Sadiq Kahn. The following picture was featured on a local Liberal 6 - The Executive Cabinet Member Democrat news page:

(Councillor Morris) is authorised to take the decision but the relevant opposition members should be informed of the action proposed. - A report should then be submitted to the next meeting of the Executive Cabinet Member for information detailing the actions taken and the reasons why.

Notwithstanding these requirements, opposition leader and Tory Councillor, David Greenhalgh, has insisted that he was unaware of the Asons grant decision until the day of the leader’s meeting when the report on the issue was submitted (although Councillor Morris maintains that Mr Greenhalgh was copied into correspondence from the start of the process).

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Tory leader for Bolton council, Mr Greenhalgh has put a motion forward for the council’s next full meeting on 30 November asking for a named vote. The motion will state:

‘This council disagrees and disapproves with (sic) the decision made by the leader of this council, made under Emergency Powers, to award a grant of £300,000 to Asons Solicitors towards refurbishment and occupation of their offices at 40 Churchgate, and agrees to issue a public statement to the residents of Bolton stating thus.’

Each member of the council will have to state publicly whether they agree with this Image: Proposed New Ason Offices 9 statement.7

Other opposition parties, including the Liberal Democrats and UKIP are currently preparing questions and motions for the upcoming council meeting at the end of the month. UKIP chief for Bolton Sean Hornby has called on residents to protest outside the town hall before the meeting goes ahead.8

The lack of information provided by Bolton Council has prompted a member of the public to submit a freedom of information request, requesting the following information: - The justification for the grant - Any applicable terms and conditions - The specific council budget from which the money was/will be provided

The response to this request is due from

Bolton Council no later than 12th However, these plans did not pan out and Asons suffered a particularly difficult financial year December 2016. with their annual accounts for the year to 31 May 2015 showing a pre-tax loss of £1.14m on Many readers will of course be familiar with annual turnover of £13.6m. This compares with a profit of £864,444, on turnover of £15.9m in Asons due to their significant presence in 2014. The accounts also show that in 2014/15 Asons purchased goods and services of £2.1m the NIHL market. In 2013 Dr Imran Akram, from Yourclaimlawyer Ltd, whose sole shareholder is Irfan Akram, a sibling of Kamran Akram.10 pictured below, announced an ambitious expansion plan, including, doubling in size As a result, the £8million investment into the new office was put on hold in December 2015 with fears reported that instead of 300 new employees being taken on, there would have to by taking on 300 new employees, investing 1 £8m into creating a new office building be redundancies. Instead, in August of this year, Asons moved into a four storey building, with a gourmet restaurant and glass formerly belonging to Bolton News, costing £1.1m which boasts a range of features including a pool table, newly fitted kitchens with all modern conveniences, football table, a Samsung projection technology and opening branches in Singapore, Dubai, New York smart TV in every room and area, four meeting rooms, lockers, coat rails, lounge furniture in and Pakistan as well as London. This was the Asons Hangout, a timeline wall detailing the history of Asons, a coffee room, staff holiday part of their intention to be ‘the last man photo wall, a faith room with ablution facilities and rooftop lounge garden for future standing’ after the Jackson reforms. barbeques.

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Asons finally responded to the criticisms ‘In my judgment, because one is dealing yesterday afternoon by releasing a media Part 36 v Common Law with an initial common law offer, the impact statement which accused local rival Offer To Settle on it of any counter-offer has to be solicitors firms of waging a ‘smear addressed by reference to common law campaign’ against them. The statement principles. A part 36 counter-offer is still a In the judgment of DB Mortgages v Jacobs said:1 counter-offer’. Solicitors [2016] EWHC 1614 (Ch), the judge

Mr Andrew Hochhauser QC, held that a ‘It’s disheartening to see the criticism that However, regarding the defendant’s part 36 offer acts as a counter-offer that the awarding of this business grant has second argument, the judge was not as extinguishes an earlier offer to settle based attracted, including the judgemental, agreeing. He said there was no basis for on common law principles.13 sanctimonious and opportunistic implying any time limit for acceptance of a comments from other local law firms and common law offer, stating: The decision was in relation to an solicitors. Our competitors have been allegation of negligence made against ‘One cannot on one hand seek to take assuming the worst based on limited Jacobs Solicitors by DB Mortgages. In advantage of the fact that this is not a part information, and using social media and August 2015, the defendant made an offer 36 offer, for the purpose of invoking the comments sections to employ dirty tactics. to settle the claim. The offer specifically common law rule of rejection by reason of Asons has been the victim of a smear stated that it was not a part 36 offer making a counter-offer, and then, when it campaign. Small law firms are using this because the payment could not be made suits, pray in aid the part 36 regime to grant scheme award as an excuse to within 14 days as required by CPR 36.14 import a time period of 21 days. Further… pursue their own agendas’. and there was no time for acceptance there is no default position of 21 days in

specified within the offer. Notwithstanding part 36… Unlike a common law offer, a part In relation to the new offices that Asons the fact that the defendant said that if the 36 offer may still be accepted after the have moved to, they said: offer was not accepted, it would seek the date of expiry. If a party wishes to make a

part 36 consequences if the case went to non-part 36 offer, it can do so without any ‘The lease on Asons’ previous offices was trial, the judge held that the offer did not time limit, and it will still be efficacious from due for renewal and it was a case of comply with part 36 and as such it was a a business perspective, because it can relocating or being tied into a new five- common law offer. always be withdrawn at any time prior to year lease of premises that no longer acceptance’. suited our needs. £1.7. in funds were spent The offer was re-stated in March 2016 and on the building, and this can be broken again in early May 2016. In the same Representatives for the defendant have down as £1.1m for the purchase of the month, the claimant issued a part 36 offer indicated that it may appeal this decision. property and £600,000 in total on the which was not accepted by the defendant. However, in the meantime it is thought that refurbishment and interior’. The claimant subsequently accepted the the outcome of this judgment may affect

original offer made by the defendant in settlement techniques and tactics going They refuted the allegations that the new August 2015, five days before trial. forward. office has a games room or a roof terrace, However, the defendant argued that this although they did admit that they had a offer had been extinguished by the football table and other facilities designed Government PI Reforms claimant’s Part 36 offer. Or, alternatively, to ‘boost employee morale’. even if the August 2015 offer was capable Open To Judicial

of being accepted, the time for doing so In relation to the grant itself, the statement had lapsed. Despite the fact that the offer Review? read: failed to stipulate a time for acceptance as

per the part 36 requirements, common law The Ministry of Justice (MoJ) has this week ‘The Bolton council business grant is a offers to settle must still be accepted within confirmed that the figures contained in its confidential matter, but a councillor 21 days and as such this offer had expired. consultation released last week, which chose to betray that confidence and confirmed the government’s intentions to leaked the details. Many other business This was accepted by Hochhauser QC on dramatically reform the personal injury receive the same type of funding. Asons 14 the grounds that the part 36 offer acted as sector, were incorrect. have ploughed this grant back into a rejection of the defendant’s offer to settle. supporting the Bolton economy by hiring The figures which were used to outline the He stated: local contractors and suppliers for the proposed increase to the small claims limit refurbishment’. for personal injury cases and the tariff for

general damages in minor whiplash claims, Asons say they are neither 'incredibly were out of date. The MoJ has revealed that wealthy, nor in serious financial trouble or this document was written over a year ago close to being dissolved’. and the figures were based on the JC

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Guidelines before they were updated in Majority of Solicitors Fail – while it has been of benefit in some September 2015. instances – it has not delivered in the way to Stick To Budgets that was hoped. This is, at least in part, As we outlined in edition 114 of BC Disease because many solicitors have still not

News, the 13th edition of the JC Guidelines properly engaged with the process, even A survey carried out by the Association of provides for more generous brackets of though they risk court sanctions as a result’. Costs Lawyers (ACL), has revealed that just damages than the 12th edition. This is 2% of costs specialists have worked with especially so for the lowest band of soft- The alternative to the costs management solicitors that stick to their budgets. Of the tissue injury which was increased by 20%. regime is the fixed recoverable costs 117 costs lawyers that were surveyed, 72% The comparison of the two editions can be regime proposed by Lord Justice Jackson. said solicitors ‘sometimes’ went over their accessed here. We commented on these proposals in budgets, with 22% saying this always edition 164 of BC Disease News here. happened. As a result of this error, it has been suggested that the consultation is now It was suggested that this may be due to open to judicial review. We will continue to Feature budgeting taking place too early in report on this aspect of the proposals. proceedings and it would perhaps be Asymmetrical Hearing

better to have the hearing later in the Elsewhere, the Chancellor of the proceedings once the course of litigation is Loss and Noise Exchequer, Phillip Hammond, in his Autumn clearer, rather than the first case Statement, confirmed the government’s Exposure management conference. commitment to legislate next year to end

‘the compensation culture surrounding INTRODUCTION Other areas of improvement suggested by whiplash claims – a major area of the costs lawyers were that solicitors should insurance fraud’. We first looked at asymmetry in noise- be updating their budgets as the case induced hearing loss (NIHL) claims in edition progresses. However, 32% of those 24 of BC Disease News. This week, we revisit Update On Review of surveyed said they had never seen an the issue in the context of recent medical application to update a budget, while only studies which consider whether asymmetry Fixed Recoverable 18% reported that their number was is a consequence of noise exposure and if increasing. so when. Costs

The standout finding from the survey was Next week we look at how the courts have Lord Justice Jackson has announced the the concern had for the Court of Appeal dealt with asymmetry with a review of the appointment of 14 assessors to assist him ruling in the costs case, Sarpd Oil relevant NIHL case law. with his review of the fixed recoverable International Ltd v Addax Energy SA [2016] costs regime. Among those appointed are EWCA Civ 120, reported in edition 132 of BC WHAT IS ASYMMETRY? Iain Stark, Chairman of the Association of Disease News. In this judgment it was

Costs Lawyers and several high profile suggested that the first case and costs Differences in thresholds at corresponding barristers and academics. management conference was the place to frequencies between the ears is inevitable contest the reasonableness and as a consequence of the variability of pure The review is due to start in January 2017 proportionality of costs have already been tone audiometry. Small differences in and will contain several recommendations incurred rather than just those to be thresholds are bound to occur simply as a which will then be considered by the incurred in the future. Previously it was result of the imprecise nature and errors of Government in its public consultation on thought that these should be left to detailed audiometry, as was outlined in the recent the proposed reforms which is due to take assessment at the end of proceedings. feature on audiometric variability in edition place after the review is published in July 160 of BC Disease News here. 2017. Over a third of costs lawyers said the ruling

had caused the first conference to be However where the hearing thresholds The full list of assessors can be accessed much more contested which, as a result, between the ears of an individual differ here. means that the amount of preparatory work significantly at corresponding frequencies has greatly increased. than is referred to as asymmetrical hearing

loss with the audiograms displaying Iain Stark, Chairman of the ACL asymmetry. What is a significant commented on the findings of the survey difference? As defined by Alberti15 if the and stated: ‘We are more than three years threshold differences are greater than into costs budgeting and the reality is that 10dB.

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Chung and colleagues also analysed between the ears - the generally accepted - Unilaterally poorly fitted hearing audiograms of 29,953 workers with histories level of normal audiometric variability - protection of shooting in addition to occupational then this can be defined as asymmetry. - Genuine asymmetrical noise noise exposure 21 and they found that exposure shooting was associated with AHL. In this NIHL on the other hand has been described study asymmetry was significant only at 2 as being typically bilateral and is usually The Guidelines also recognise that in some kHz and above and most prominent at 4 considered to cause similar amounts of cases the cause of asymmetry will be kHz. The difference between the ears damage to both ears 16, since most unknown. increased with longer shooting history. occupational noise is symmetrical17.

In their 2009 study by Lutman and Coles on Additionally, Prosser found that among 133 How common is asymmetry in the non- asymmetry, for participants with the largest railway workers who also hunted for sport exposed population and what are its asymmetry, detailed examination of the outside of work and 82 workers who did not, original data, and consideration of factors causes? How does the presence of hunters had significantly worse hearing asymmetry sit with a diagnosis of NIHL? Can such as family history of deafness, head than non-hunters in the ear closest to the noise exposure give rise to asymmetry and injury, ear injury, administration of ototoxic 22 barrel of the gun . if so in what circumstances? medication, general health factors including hypertension and history of ASYMMETRY AND OCCUPATIONAL (NON-

GENERAL INCIDENCE OF ASYMMETRY infectious diseases, failed to reveal a FIREARMS) EXPOSURE potential cause of the asymmetry. This led A 2009 study by Lutman and Coles18, Lutman and Coles to conclude that many Alberti et al, 197923, looked at 1,873 sought to determine the incidence of hearing asymmetries in the general consecutive patients referred for asymmetry in non-noise exposed population can be expected to be of compensation assessment for presumed individuals. Audiograms from 2679 unknown causation. industrial hearing loss, and found that 281 participants were analysed. Lutman and (15 %) had an average difference in Coles estimated that around 1 % of the UK It seems then that unknown causation of hearing threshold between the ears of 15 population aged 18-80 years have an asymmetry in a population is common and dB at 0.5, 1, 2 and 4 kHz. asymmetry of 15 dB or more, based on the so it’s presence alongside NIHL does not Chung et al, 1983,24 considered1461 average of 0.5, 1, 2 and 4 kHz and the mean that it has been caused by audiometric records of claims for NIHL, it prevalence of asymmetry was greater in asymmetrical noise exposure - unless there was found that 69 (4.7 %) had a well- older people than in younger people. is good evidence to show otherwise. defined pattern or hearing loss, in which

only 2 kHz is asymmetrical by 20 dB or more. CAUSES OF ASYMMETRICAL HEARING LOSS ASYMMETRY AND FIREARMS NOISE

Barrs et al., 199325, analysed the Frequent ear infections, Ménière disease Many studies support the conclusion that audiological tests of 246 workers who and ear surgery may result in asymmetry19. exposure to firearms noise often results in underwent otologic and audiologic testing asymmetry with the left ear worse affected as part of a worker’s compensation claim The causes of asymmetry were identified in than the right. This is said to arise from the for work-related NIHL and asymmetric the CLB Guidelines 2000 at Section 12 and ‘head shadowing’ effect and the right ear hearing loss was found in 28 patients (20%) Note 11 of the Guidelines as follows: being ‘protected’ within the shoulder of the with asymmetry being defined as an person using the firearm. average difference of at least 15 dB at - Exposure to firearms noise – with 0.5,1,2 and 3 kHz. the ear closest to the muzzle of the Cox and Ford assessed the asymmetry of gun having worse hearing (so 225 soldiers exposed to a variety of More recent studies also suggest that called firearms or head weapon noise who had deterioration of asymmetry can be a consequence of shadowing effect) hearing20. At 0.5 and 1 kHz the asymmetry general occupational noise exposure and - Acoustic trauma or blast, such as was 10 dB or less in 90 % of cases, and the can arise without the ‘head shadowing’ the use of explosives in mining or hearing thresholds rarely exceeded 25 dB. effect suggested in firearms exposure construction or tyres exploding However, the degree of hearing loss and studies. The competing theory put forward - Unilateral or greater conductive asymmetry increased as the frequency in the recent studies is that the left ear is hearing loss in one ear having a increased, and the average loss at 2, 3, 4 simply physiologically more susceptible to ‘protective effect’ against and 6 kHz was significantly greater in the noise damage than the right ear. exposure to excessive noise. For left ear. example the presence of wax may Broste found that hearing loss at higher frequencies was also observed more often reduce the transmission of noise across the ear and so reduce its in the left ear of farming high school damaging effects. students.26 P AGE | 7

3. Excluded NNE: current time- A 2016 review by John Phillips and He suggested this was due to drivers weighted average of less than 80 colleagues aimed to collate the overall habitually observing their work by looking dBA, but placed in this group prevalence of unexplained asymmetrical over their right shoulder and therefore because they failed one or more hearing loss in subjects with NIHL and to shielding their right ear from the noise of the of the screening criteria listed provide a balanced argument regarding engine. This ‘head shadowing’ theory and above; causality27. The analysis suggested that 2.4 has been doubted by Berg and colleagues 4. Excluded NE: current time- to 22.6 % of subjects with NIHL had in their 2014 paper in which they weighted average of 80 to 102 asymmetrical hearing loss, with the left side highlighted that there is little published dBA but failed one or more having the greater deficit in the majority of evidence to support the theory.27 Instead screening criteria listed above. reported cases (around 60-80 %). The two they conclude that the physiological theories of asymmetry development, a explanation of a left ear being more It was found that there was more asymmetry physiological increased susceptibility to susceptible to NIHL is a more credible when average thresholds were higher. Also, NIHL in the left ear and preferential alternative. age was a strong predictor of average protection of the right ear, were discussed.

thresholds, but had little if any effect on It is of interest that the majority of subjects A study by Fenandes and Fernandes in asymmetry. exhibiting greater loss in the left ear 2010 claims the incidence of asymmetric occurred even when taking handedness hearing loss in the unexposed population is Both the noise exposed men and those who into account i.e. which was the dominant significantly lower than that incidence failed the screening criteria had hand. The reviewers suggest that this casts among the noise-exposed population it significantly worse binaural average doubt on the “head shadowing effect”. must therefore be the case that noise hearing than those who were not noise [However, “head shadowing could occur exposure causes asymmetrical hearing exposed, with left ears being worse than independently of handedness, such as loss. (We consider the Fernandes and right ears in all four groups by around 1 to turning the head over the right shoulder in Fernandes study in more detail next week). 2 dB across the frequencies 0.5,1,2 and 3 a tractor because the controls for trailing

SO DOES OCCUPATIONAL NOISE EXPOSURE kHz and 2 to 4 dB worse across 3, 4 and 6 equipment are on the right of the driver as CAUSE ASYMMETRY? kHz. shown in Broste].

This was revisited recently by Dobie, in a The most important finding from this paper Studies included in the review showed that study published in 2014, which aimed to is that there were no significant differences asymmetrical hearing loss increased with determine whether occupational noise in asymmetry related to occupational noise advancing age. According to the exposure increases audiometric exposure. There were no significant reviewers, this finding may be related to the asymmetry28. The paper notes that differences between NE and NNE groups influence of AAHL, which will act to asymmetry is common in both clinic after controlling for overall average exacerbate asymmetry. It was not possible samples and the general population, amount of hearing loss. Though asymmetry to undertake a meta-analysis of the data particularly at higher frequencies and increases with greater overall hearing loss, from the included studies, because when both ears tend to have higher when this was taken into account, men with different definitions of asymmetry were thresholds. occupational noise exposure did not have used. Unsurprisingly, the study with the most more asymmetry compared with that in generous definition of asymmetry - the Data for this study were taken from the men in the same workplaces who were not 2010 Fernandes & Fernandes gave the Occupational Noise and Hearing Survey exposed to noise. highest prevalence. For most studies, no (ONHS), carried out by the National Institute data existed for number of years of for Occupational Safety and Health (NIOSH, The author offers several examples to employment, use of hearing protection United States). Audiometry was obtained demonstrate how occupational noise and other risk factors such as leisure time for 2044 men, mostly from printing and steel could feasibly affect audiometric noise exposure, smoking, hypertension, ethnicity and diabetes. Therefore, poorer fabrication plants, who were divided into asymmetry, in spite of the findings of this four groups: study. A worker who originally had hearing in noise-exposed groups may be attributed, at least in part, to these factors. 1. Screened non-noise-exposed asymmetry might suffer more NIHL in the (NNE): with a current daily time- better ear than the worse ear, and thus his If any of these factors can also contribute weighted average (TWA) exposure to asymmetrical hearing loss, another audiogram would become more of less than 80 dBA, screened to symmetrical. Another worker with very source of bias is introduced. The authors ensure no significant previous concluded that the studies reviewed asymmetric noise exposure may develop noise exposure or history of ear an asymmetrical NIHL. However, the provide limited evidence for the existence disease, and normal otoscopy; of asymmetrical hearing loss in subjects findings from this study suggest that, for 2. Screened noise-exposed (NE): most workers in general industry, with occupational noise exposure. This is with a current time-weighted occupational noise does not cause or particularly apparent when adjusted for

average of 80 to 102 dBA, contribute to asymmetrical hearing loss. significant variables such as age, sex and screened as above; high frequency binaural hearing loss.

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CONCLUSION

Asymmetry may have a number of causes or simply be unexplained. Unexplained asymmetry seems to be fairly common within the non-noise exposed population and so there is no reason to assume that it should be uncommon within cases of NIHL – particularly where the population is older and the incidence of asymmetry is likely to increase.

Recent studies and reviews do not support the proposition that general occupational noise exposure - as opposed to unilateral firearms exposure-is a likely cause of asymmetry.

Next week, in part 2 of this feature, we consider how the courts have considered the issue of asymmetry and compatibility with a diagnosis of NIHL.

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References

1 Max Walters, ‘Council Chiefs Under Fire Over “Emergency” Grant To Solicitors Firm’ (The Law Society Gazette 21 November 2016)< https://www.lawgazette.co.uk/practice/council-chiefs-under-fire-over-emergency-grant-to-solicitors-firm/5058891.article> accessed 23 November 2016.

2 Accessible here - http://www.bolton.gov.uk/website/pages/CouncilConstitution.aspx.

3 Paul Rogerson, ‘Bolton Firm Handed £300k Of Taxpayers’ Cash Faced £300k Tax Demand’ (The Law Society Gazette 22 November 2016)< https://www.lawgazette.co.uk/practice/bolton-firm-handed-300k-of-taxpayers-cash-faced-300k-tax- demand/5058903.article> accessed 23 November 2016.

4 Ibid at 1.

5 Max Walters, ‘Solicitors Demand Answers Over Bolton Firm’s Secret Grant’ (The Law Society Gazette 24 November 2016)< https://www.lawgazette.co.uk/news/solicitors-demand-answers-over-bolton-firms-secret-grant/5058935.article> accessed 25 November 2016.

6 http://www.mywesthoughton.co.uk/

7 Ibid at 3.

8 Liam Thorpe, ‘Pressure Mounts On Council Chiefs Over Secret £300,000 Grant To Asons’ (The Bolton News 19 November 2016)< http://www.theboltonnews.co.uk/news/14915887.Pressure_mounts_on_council_chiefs_over_secret___300_000_grant_to_Asons/?ref=m rb&lp=3> accessed 24 November 2016.

9 Dan Bindman, The PI Firm With Huge Growth Plans That Aims To Be “Last Man Standing”’(Legal Futures 28 November 2013)< http://www.legalfutures.co.uk/latest-news/pi-firms-huge-growth-plans-aims-last-man-standing-post-jackson> accessed 24th November 2016.

10 Ibid at 3.

11 Andrew Bardsley,’Project To Create New £8million HQ For Bolton Solcitors Asons Put On Hold – With Creation Of 300 Jobs Now “Less Likely”’ (The Bolton News 16 December 2015)http://www.theboltonnews.co.uk/news/14147438.Project_to_create_new___8_million_HQ_for_Bolton_solicitors_put_on_hold_____ with_creation_of_300_jobs_now__less_likely_/ accessed 24 November 2016.

12 Paul Rogerson, ‘Dirty Tactics and Racism: Asons Lambasts Rival Solicitors Over Council Grant’ (The Law Society Gazette 24 November 2016)< https://www.lawgazette.co.uk/news/dirty-tactics-and-racism-asons-lambasts-rival-solicitors-over-council- grant/5058957.article> accessed 25 November 2016.

13 Neil Rose, ‘High Court: Part 36 Offer Extinguished Earlier Common Law Offer’ (Litigation Futures 22 November 2016)< http://www.litigationfutures.com/news/high-court-part-36-offer-extinguished-earlier-common-law-offer> accessed 24 November 2015.

13 Rachel Rothwell, ‘MoJ’s Whiplash Reform Blunder “Could Open Door To Judicial Review”’ (The Law Society Gazette 23 November 2016)< https://www.lawgazette.co.uk/law/mojs-whiplash-reform-blunder-could-open-door-to-judicial-review/5058912.article> accessed 24 November 2016.

14 Noise and the ear, Scott-Brown’s Otolaryngology, Butterworths, Chapter 18, page 627, P.W. Alberti.

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References

15 Kirchner, D.B. et al. Occupational Noise-Induced Hearing Loss: ACEOEM Task Force On Occupation Hearing. J. Occup Environ Med. 54. 106-108 (2012).

16 Lutman, M.E. & Coles, R.A. Asymmetric Sensorineural Hearing Thresholds In The Non-Noise-Exposed UK Population: A retrospective analysis. Clin. Otalaryngol. 34, 316-321 (2009).

17 Dobie, R.A. Does Occupational Noise Cause Asymmetric Hearing Loss? Ear Hear. 35, 577-579 (2014).

18 Cox, H.J & Ford, G.R. Hearing Loss Associated With Weapons Noise Exposure: When To Investigate An Asymmetrical Loss. J. Laryngol. Amp Otol. 109, 291-295 (1995).

19 Chung, D.Y., Gannon, R.P., Wilson, G.N & Mason, K. Shooting, sensorineural hearing loss, and workers’ compensation. J. Occup. Med. Off. Publ. Ind. Med. Assoc. 23, 481-484 (1981).

20 Broste, S.K., Hansen, D.A., Strand, R.L. & Stueland, D.T. Hearing Loss Among High School Farm Students. AM. J Public Health 79, 619- 622 (1989).

21 Alberti, P.W., Symons, F. & Hyde, M.L. Occupational Hearing Loss The Significance of Asymmetrical Hearing Thresholds. Acta Otolaryngol. (Stock) 87, 255-263 (1979)

22 Ibid at 20.

23 Barrs, D. M., Althoff, L. K., Krueger, W. W. O. & Olsson, J. E. Work-Related, Noise-Induced Hearing Loss: Evaluation Including Evoked Potential Audiometry. Otolaryngol. -- Head Neck Surg. 110, 177–184 (1994).

24 Broste, S.K., Hansen, D.A., Strand, R.;. & Stueland, D.T. Hearing loss among high school farm students. Am. J. Public Health 79, 619- 622 (1989).

25 Berg, R.L., Pickett, W., Linneman, J.G., Wood, D.J. & Marlenga, B. Asymmetry in noise-induced hearing loss: Evaluation of two competing theories. Noise Health 16, 102 (2014).

26 Ibid at 18.

27 Masterton, L., Howard, J., Liu, Z. & Phillips, J. Asymmetrical Hearing Loss in Cases of Industrial Noise Exposure: A Systematic Review of the Literature. Otol. Neurotol. Off. Publ. Am. Otol. Soc. Am. Neurotol. Soc. Eur. Acad. Otol. Neurotol. 37, 998–1005 (2016).

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Disclaimer

This newsletter does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to provide an update on issues that may be of interest to those handling occupational disease claims. Specialist legal advice should always be sought in any particular case.

BC Legal is a trading name of BC Legal Limited which is registered in England and Wales under company number 08963320. We are authorised and regulated by the Solicitors Regulation Authority. The registered office is 1 Nelson Mews, Southend-on-Sea, SS1 1AL. The partners are Boris Cetnik and Charlotte Owen. More details on the firm can be found at www.bc- legal.co.uk

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Directors: B. Cetnik, C. Owen Registered Office: 1 Nelson Mews, Southend-On-Sea, SS1 1AL PAGE | 13 BC Legal is a trading name of BC Legal Limited which is registered in England and Wales under company number 08963320 We are Authorised and Regulated by the Solicitors Regulations Authority (SRA No 617698)