FOIL Update – Mackenzie

  • FOIL
  • FOIL Ireland
  • FOIL select
  • London FOIL

This appeal raised an issue about the circumstances in which it would be appropriate to draw an inference adverse to the operator of a factory in industrial deafness cases where there was noise in the workplace and no noise survey was available. It involved a consideration of the proper effect of the judgment of the Court of Appeal in Keefe v Isle of Man Steam Packet Company Limited (2010). The second defendant/appellant submitted that Keefe could not be applied to this case because there was undisputed expert engineering evidence from which the judge could find that the noise levels had not exceeded the limits of 90 dB(A) Lepd at the relevant times. It was also submitted that, if there was a duty to carry out a noise survey there was no evidence that a noise survey was not carried out.


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