Abbott and others v Ministry of Defence [2026] EWHC 941 (KB)

Test cases from thousands of military noise-induced hearing loss claims against the MoD. The High Court determined generic issues including diagnostic methods, quantification, and tinnitus, preferring Prof Moore's rM-NIHL method over CLB for diagnosis. Mr Lambie succeeded; Mr Craggs largely failed on causation.

Facts

This litigation concerns over 10,000 claims brought against the Ministry of Defence by former members of HM Armed Forces for noise-induced hearing loss (NIHL) and tinnitus. The Hugh James Military Deafness Litigation was managed akin to group litigation, with lead cases selected to determine generic issues binding on the wider cohort. In 2024, a ‘Matrix’ agreement resolved issues of Crown immunity, combat immunity, breach of duty, contributory negligence, apportionment, Noise Imission Levels and limitation, leaving causation and quantum in issue subject to agreed discounts. Of six original lead cases, four settled, leaving Mr Christopher Lambie (Royal Marine, liability admitted subject to 10% Matrix discount) and Mr Jack Craggs (Royal Green Jackets, liability admitted subject to 25% Matrix discount but causation disputed).

Issues

The court addressed numerous generic issues including: (i) the reliability of military audiograms; (ii) appropriate datasets for age-associated hearing loss (ISO 7029:1984 v 2017/2024); (iii) baseline correction; (iv) TDH39P headphone artefacts; (v) the preferred diagnostic method (CLB, M-NIHL, rM-NIHL or MLP(18)); (vi) quantification methodology (LCB v Moore/Cox/Lowe); (vii) latency and acceleration of hearing loss after exposure ceases; (viii) cochlear synaptopathy; (ix) delayed-onset tinnitus; (x) de minimis thresholds; (xi) general damages; (xii) hearing aid costs; and (xiii) loss of future earnings.

Arguments

The Claimants, represented by Harry Steinberg KC, argued that military impulsive noise produces distinct audiometric patterns unsuited to the CLB method, favouring Professor Moore’s rM-NIHL method. They contended that ISO 7029:2017/2024 should replace the outdated 1984 standard, that no TDH39P correction was warranted, and that acceleration of hearing loss post-exposure was established. The Defendant, represented by David Platt KC, maintained that CLB remained the appropriate diagnostic tool, that LCB should govern quantification, that acceleration and synaptopathy remained unproven hypotheses, and that tinnitus commencing more than one year after cessation of exposure should not be attributed to noise.

Judgment

Garnham J delivered comprehensive findings on the generic issues. On diagnosis, he preferred the rM-NIHL method over CLB, finding that military noise commonly affects 8 kHz and can erase notches/bulges, rendering CLB generally unsuitable for military cases. He rejected the original M-NIHL method as superseded and dismissed MLP(18) as unsuitable for litigation because its machine-learning ‘black box’ could not be interrogated. On quantification, he preferred the Moore/Cox/Lowe method over LCB. He held that ISO 7029:2017/2024 should be used with a cohort-wide baseline correction of 2.4 dB across 1-8 kHz, and rejected automatic 6 dB TDH39P deductions. On latency/acceleration, he found the theory intellectually coherent but not proven in humans. On synaptopathy, he held it could not be demonstrated or quantified in living humans. On tinnitus, he rejected rigid temporal cut-offs, holding that proximity in time strengthens causation but no arbitrary limit applies. He held a hearing loss below 4 dB without other consequences is de minimis. On military audiograms, he held that whilst BSA-compliant PTA is the gold standard, screening audiograms may be used diagnostically when part of a consistent pattern.

Mr Lambie

The judge awarded £39,000 for PSLA (severe NIHL without tinnitus, top of category (ii)), £27,350 for hearing aids, and £64,800 for loss of earning capacity on a Smith v Manchester basis. He rejected application of Ogden Tables disabled reduction factors, finding Mr Lambie’s case far from average given his successful career trajectory and strong employment prospects. The total was subject to 10% Matrix discount.

Mr Craggs

The judge found Mr Craggs an unreliable witness, having admitted manipulating occupational hearing tests and giving inconsistent accounts. The military audiograms showed no NIHL during service, and later audiograms did not establish causation by military noise. The claim for hearing loss failed. However, his evidence regarding tinnitus onset following Kosovo deployment was consistent and corroborated by his mother. The judge awarded £19,000 for tinnitus (upper mild/lower moderate) and £445 for counselling, refusing hearing aids under Woodrup v Nicol. The total was subject to 25% Matrix discount.

Implications

This judgment provides authoritative guidance for the determination of the thousands of remaining military NIHL claims. The preference for rM-NIHL over CLB represents a significant development, recognising that military impulsive noise produces different audiometric patterns from industrial steady-state noise. The adoption of ISO 7029:2017/2024 with a 2.4 dB baseline correction supersedes long-established medico-legal practice. The rejection of MLP(18) on transparency grounds has broader implications for machine-learning evidence in litigation, with the judge observing that acceptance of diagnoses based on uninterrogable algorithms would be ‘a complete dereliction of duty’. The judgment confirms that acceleration of hearing loss and cochlear synaptopathy, whilst scientifically interesting, cannot yet ground damages awards. The decision in Mr Lambie reinforces the reluctance of courts to apply raw Ogden Table disabled reduction factors mechanistically, particularly where a claimant remains successfully employed. The judgment is binding in rem within the cohort and will provide the framework for resolution of remaining cases, though individual quantification and causation remain fact-specific.

Verdict: Mr Lambie succeeded: awarded £39,000 PSLA, £27,350 hearing aids, and £64,800 loss of earning capacity (Smith v Manchester), subject to 10% Matrix discount. Mr Craggs partially succeeded on tinnitus only: awarded £19,000 PSLA and £445 tinnitus counselling, subject to 25% Matrix discount; his claim for noise-induced hearing loss and hearing aids was dismissed.

Source: Abbott and others v Ministry of Defence [2026] EWHC 941 (KB)