Mussadak Mirza succeeded in opposing applications for repeat audiograms in two recent NIHL cases.
Mohamed v (1) Paisley Welding & Fabrication (2) AOC International Limited (3) Amec Process & Energy Limited (4) Wood Group Engineering (North Sea) Limited (5) Wood Group UK Limited
Bowker v (1) Walstell Garage & Filling Station Limited (2) A R Astbury Limited
In the first case, Mussadak Mirza, instructed by Rebecca Jones of Baker & Coleman Solicitors, successfully represented the Claimant at a strongly contested application hearing on 3rd April 2024 listed before Deputy District Judge Oliver at the County Court in South Shields. The Defendants had made a late application for a repeat audiogram, CERA test, further Part 35 questions and vacation of the trial. The judge dismissed the application in its entirety and made a cost order against the Defendants. After the application hearing, all five Defendants settled the Claimant’s claim for NIHL.
In the second case, Mussadak Mirza, instructed by Joseph Longden of Baker & Coleman Solicitors, successfully represented the Claimant at a contested application hearing on 16th April 2024 listed before District Judge Watson at the County Court in Wolverhampton. The Defendants had made a joint application for a repeat audiogram. The judge dismissed the application, finding that the Defendants’ submissions had been generic, inaccurate, and misleading.
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