David Abbott & Ors v Ministry of Defence

Facts

The claimants, David Abbott and others, are members and former members of HM armed forces bringing many thousands of claims for damages against the Ministry of Defence for noise induced hearing loss. Liability was disposed of by an agreed "matrix", under which claimants took a discount from the full value of their claims to reflect the defences potentially available on their particular facts, and each side then nominated test and reserve cases as vehicles for testing causation and quantification. Collective management measures, including an agreed List of Generic Issues, were in place in respect of the cohort from November 2022. Of the 20 test claims worked up to trial standard, six settled before trial and one shortly afterwards; three were discontinued, two of them (Mr Evans and Mr Lloyd) during the trial. The defendant conceded causation and quantification in Mr Lambie's claim on the evening after the judicial primer hearing. The trial of Generic Issues 9–14, concerning causation of military NIHL and the approach to quantification, together with the two remaining test claims of Mr Lambie and Mr Craggs, lasted a little over nine weeks and judgment was handed down on 24 April 2026. The claimants then applied for their common costs of the generic issues and the test cases, and for a payment on account.