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

A former Royal Marine is seeking more than £1m in damages from the government over "noise-induced hearing loss".

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 Defence (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."

Mr Steinberg said the judge would have to consider a number of "core issues", such as whether, and to what extent, Mr Barry was "contributorily negligent"; the "ongoing effect" of the noise-induced hearing loss and tinnitus; Mr Barry's "likely career path and length of service" but for his "noise-induced hearing loss and tinnitus"; and whether or not Mr Barry was "disabled".

Mr Steinberg said the case gave rise to "some issues" relevant to other "noise-induced hearing loss" claims being pursued against the MoD.

Lawyers representing Mr Barry said outside court that he was claiming about £1.5m in total - and the MoD was arguing that the figure should be about £250,000.

Barrister Andrew Ward, who represented the MoD, told the judge in a written argument that Mr Barry had been medically discharged "for noise-induced hearing loss".

Mr Ward highlighted Mr Barry's "practice" relating to the use of ear plugs.

He said "primary liability" was "admitted" but told the judge that the MoD "pursues the defence 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."

The hearing is due to end later this month.

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