FOIL Update – Zurich Insurance Plc v Romaine

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In a claim for noise induced hearing loss (NIHL), the appellant insurer had established that the respondent defendant had lied in three documents (each verified by a statement of truth) about not having previously engaged in any hobbies involving exposure to noise. Following the claimant’s discontinuance of the proceedings, a High Court judge refused the appellant’s application for permission to bring committal proceedings. The Court of Appeal reversed the decision.