The High Court has reserved judgment on an Army deafness action, regarded as a test case, which has been taken by a retired soldier against the Minister for Defence.
The action by Mr James Greene, which opened on Tuesday, was the first to come before the court since new legislation was brought in by the Minister relating to standards for assessing hearing loss, and following the publication by two expert groups of reports on how hearing loss should be assessed.
One report, known as the "Green Book", was compiled by an expert group established by the State; the second "Blue Book" was compiled by experts acting on behalf of solicitors representing some soldiers. They differ on a number of issues.
The James Greene case is being regarded as a test case by lawyers involved in Army deafness claims and is expected to have a knock-on effect on hundreds of similar cases. After a four-day hearing Mr Justice Lavan reserved judgment yesterday. He asked counsel to provide him with written submissions.
At the outset of the case, liability was admitted and the judge is assessing damages only. Mr Greene (59), married with a grown-up family, is from Castlemaine Street, Athlone. He served in the Army from 1956 until his retirement in 1996. The first six years were spent in the FCA and he then transferred to the permanent forces.
He is seeking damages for noise-induced hearing loss and tinnitus. The court was told he did not receive any appropriate ear protection until his last couple of years in the Army.