Ex Royal Marine seeks £1.5m in damages over hearing loss

• Ex Royal Marine is suing the government for “noise-induced hearing loss” and tinnitus.
• James Barry claims his hearing problems were caused by noise exposure.
• Lawyers for the MoD have outlined “allegations of contributory negligence”.

A former Royal Marine is suing the government for “noise-induced hearing loss” and is requesting more than £1 million in damages.

James Barry, 34, from Nottingham, told a judge his “hearing problems” were caused by his “exposure to noise during service” between 2013 and 2017.

Lawyers representing the Ministry of Defense (MoD) have outlined “allegations of contributory negligence”.

A judge is considering evidence at a High Court trial in London.

Harry Steinberg KC, who is leading Mr. Barry’s legal team, outlined details of the claim in a written argument given to Mr. Justice Johnson.

He said Mr. Barry had noticed a hearing problem after returning from an exercise in the US in 2014.

“The claimant seeks damages for noise-induced hearing loss and tinnitus caused by his exposure to noise during his service in the Royal Marines,” Mr. Steinberg said.

“The claimant first noticed a problem with his hearing following his return from the Black Alligator Exercise in the United States, which took place between August and October 2014 for a period of about two and a half months.

“The claimant describes exercises during basic training where hearing protection was not worn [and could not be worn] at all.”

The judge will need to take into account a number of “core issues,” according to Mr. Steinberg, including whether and how much Mr. Barry was “contributorily negligent,” the “ongoing effect” of his noise-induced hearing loss and tinnitus, his “likely career path and length of service” absent those conditions, and whether or not Mr. Barry is “disabled”.

According to Mr. Steinberg, the case raised “certain problems” that are pertinent to more “noise-induced hearing damage” claims being made against the MoD.

Outside of court, Mr. Barry’s attorneys stated that he was seeking roughly £1.5 million in total, but the MoD claimed that the amount should only be about $250,000.

The MoD’s lawyer, Andrew Ward, informed the judge in a written submission that Mr. Barry had been medically released “for noise-induced hearing loss.”

Mr. Ward called attention to Mr. Barry’s “practice” including the usage of earplugs.

He said “primary liability” was “admitted” but told the judge that the MoD “pursues the defense of contributory negligence”.

“The claimant’s usual practice during his service with the Royal Marines was not to wear yellow foam ear plugs in his left ear underneath his personal role radio,” said Mr. Ward.

“The claimant’s practice was contrary to his training.”

Later this month, the hearing is scheduled to end.

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