Jim Byard, 45, head of disease litigation at national firm Weightmans, successfully defended the first claim for workplace noise-induced hearing loss to reach the Supreme Court.
Stephanie Baker, a former employee of Nottingham-based Quantum Clothing Group (QCG), claimed the company damaged her hearing between 1971 and 1989 by exposing her to an average daily noise level of 85-90 decibels, without ear protection.
The Court of Appeal found in Baker’s favour in 2009, ruling that QCB had breached its statutory duty of care and awarding her £3,500 compensation.
Byard appealed the ruling, acting for QCB on instruction by Zurich Insurance.
He argued that before the Noise at Work Regulations 1989, QCB was only required to act to protect its employees’ hearing when noise levels exceeded a daily average of 90 decibels – which they never did.
The Supreme Court accepted this argument, ruling that QCB had applied the appropriate safety standards and was not liable for Baker’s hearing loss.
Baker’s lawyer Terry Regan, head of personal injury at Sheffield firm Wake Smith & Tofields, said the decision was ‘surprising’.
Jim’s thoughts on the case: ‘If we had lost this case, the insurance industry would have been swamped by tens of thousands of similar claims costing, it has been estimated, some £210 to £300m. I felt a great sense of personal responsibility.’
Why become a lawyer? ‘I used to work in the insurance industry dealing with personal injury and just somehow fell into the law.’
Career high point? ‘Probably this case.’
Career low point? ‘I was so tongue-tied during my first appearance as an advocate that I converted an easy win into ignominious defeat.’
Source: Law Society Gazette
