1. NIHL Consultancy Services
• Steven Eldred(eldreds22@hotmail.com)
• Unlock the money invested in your NIHL
cases
2. My Experience
• Undertaken NIHL case load
since 1997
• Recommended in Chambers
since 2005 for NIHL
• Once described as the NIHL
Guru
3. Macro Advice
• Sourcing the sources of work
• Setting up the team structure
• Choosing the right medical experts
• Knowing ELTO and the Portal, finding the Second Defendant
• Knowing Defendants and their insurers
4. ELTO Skills
• Being able to locate an insurer
• Using Companies House to assist ELTO searches
• Suing a defunct Defendant has its advantages
o No documents
o Understand possible FSCS involvement
o Restoring Company to the register
5. Know Your Medical Expert
• Choose your medical expert, don’t be stuck with your
medical expert
• Direct the content of your medical reports with the right
information
• Know how to deal with those Part 35 questions
o Limitation based (Johnson v MoD, 2kHz, WHO, Coles-Worgan)
o Causation based (knowing CLB inside out, exceptions and all)
o Material disability based (Hughes v Rhondda Cynon, Jones vs
Tompkinson)
• Know the Defendants’ experts and what they favour
6. Know Your Defendant
• Different dates of knowledge
• Special knowledge of lower noise levels
• Exploiting ‘’no documents to disclose’’ with statements,
engineering evidence and Okeefe v Steam Packet
7. Engineering Evidence
• Access to a large library of noise data spanning many
different industries
• Getting the right acoustic engineer
• Knowing 1963, 1972 and the 1989 guidance, such as 4.5.1
• Knowing your NILs and CLB and questions to ask
engineers and validating an engineer’s evidence
8. Quantum and Costs
• Parkes v Meridian, Romford schedule, material
contribution
• Costs at 62.5%, don’t fall for 25%, CJC and detailed
statement
9. Looking Ahead
• Macro consultancy
• File by file consultancy
• Witness statement consultancy
• Part 35 consultancy
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