NIHL Consultancy Services

•Steven Eldred (eldreds22@hotmail.com)

• Unlock the money invested in your NIHL cases

My Experience

• Undertaken NIHL case load

since 1997

• Recommended in Chambers

since 2005 for NIHL

• Once described as the NIHL

Guru

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

ELTO Skills

• Being able to locate an insurer

• Using Companies House to assist ELTO searches

• Suing a defunct Defendant has its advantageso No documents

o Understand possible FSCS involvement

o Restoring Company to the register

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 questionso 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

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

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

Quantum and Costs

• Parkes v Meridian, Romford schedule, material

contribution

• Costs at 62.5%, don’t fall for 25%, CJC and detailed

statement

Looking Ahead

• Macro consultancy

• File by file consultancy

• Witness statement consultancy

• Part 35 consultancy