A former Royal Marines and Naval officer has secured an award of £131,150 (before a 10% deduction under the agreed Matrix compromise) after the High Court found he suffered noise-induced hearing loss (NIHL) caused by exposure to unprotected weapons fire and other loud noise throughout his military career.
Jacob* (name changed for privacy reasons) is now 46 years old. He first encountered prolonged noise from weapons whilst serving in the Army Cadets as a teenager, attending firing ranges firing dozens of rounds from the L98 Cadet rifle, often without hearing protection.
He enlisted in the Royal Marines in 1999. During basic training and throughout his career, he was repeatedly exposed to extremely loud noise from rifle fire, heavy machine guns and mortar illumination rounds, often in conditions where hearing protection was inadequate, in short supply, or impractical to use because it interfered with situational awareness. His operational postings included Northern Ireland, Iraq and Afghanistan, as well as major training exercises overseas.
Jacob first reported difficulty with his hearing in 2001, aged just 21, and was diagnosed with noise-induced hearing loss in 2002. He has relied on hearing aids since 2012, when he was only 31. His hearing loss has caused significant difficulty in daily life, including missing parts of conversations, relying on lip-reading, and struggling in noisy environments and on the phone. His wife has often had to interpret for him in social situations.
Despite his hearing loss, Jacob progressed through the ranks of the Royal Marines, ultimately being commissioned as an officer and reaching the rank of Lieutenant Commander. He went on to build a successful civilian career as a consultant in the defence and security sector after leaving the services in 2021.
Jacob instructed our expert military team to pursue a claim against the Ministry of Defence. His case was selected as one of the lead test cases in the Hugh James Military Deafness Litigation. Liability was admitted subject to a 10% discount under the Matrix agreement between Hugh James and the MoD.
Following a High Court trial, Mr Justice Garnham found that Jacob had suffered severe hearing loss, awarding £39,000 for pain, suffering and loss of amenity, £27,350 for the cost of private hearing aids, and £64,800 for loss of earning capacity, reflecting the disadvantage he would face should he ever need to look for alternative work. The total award was £131,150 before the 10% Matrix deduction was applied.
Ruth Davies, Partner in our Military team acted for Jacob and said:
It was a privilege to work with Jacob and his wife throughout the course of his claim. Jacob has lived with the effects of noise-induced hearing loss for more than 20 years and will continue to do so for the rest of his life.
I am pleased that this decision has brought Jacob some much-needed closure. While no award can truly compensate him for the impact of his disability, it does go some way towards placing him in the financial position he would have been in had he not suffered noise-induced hearing loss.
This successful outcome recognises the serious and lasting impact that noise-induced hearing loss can have on service personnel, and the importance of ensuring that those affected receive the compensation they deserve.
