[1] Down v Dudley, Coles, Long Ltd, 27th January 1969, Devon Assizes, case on percussive noise. Mr Justice Brown: “Ought the defendants to have foreseen that the use of this gun might have caused injury…?” No. But by late 1969, Dr Coles and others had shown the dangers of percussive noise.

[2] Stokes v Guest, Keen and Nettlefold (Bolts and Nuts) Ltd [1968], 1 WLR 1776.

[3] Thompson v Smiths Shiprepairers [1984].

[4] D.L.Chadwick, quoted in Occupational Hearing Loss (1971), D.W. Robinson ed, Academic Press, at p. 167. On the contrary, Ecclesiastes Ch 1 v 8 is considered in Cruden's “Complete” Concordance to be the biblical definition of the ear as an organ of hearing. There were 14 references to deafness in the Bible (Concordance), mostly derogatory in the Old Testament but optimistic in the New Testament: deafness was shown to be curable in 3 large series (reported in Matthew, Mark, Luke). In fact, there are 18 references altogether in modern biblical indices. Isaiah 41:7 is more to the point: So the carpenter encouraged the goldsmith, and he that smootheth with the hammer him that smote the anvil… Also 44:12. Chapters 40-44 describes a military-industrial complex: graven images, swords etc.

[5] 25 years has passed since 1960, or 22 after 1963. Some employers deny liability after 1978 or any date after providing adequate protection. A difference of 3 years makes a difference of 12-15% to the damages awarded.