Chris Fry, head of industrial diseases at Wake Smith & Tofields, a Yorkshire firm, acted for Stephanie Baker in the landmark Court of Appeal industrial noise test case on the liability of employers for hearing loss becasue of noise at lower levels than those generally recognised as giving rise to liability.
What were the main challenges of the case and the possible implications?
The case was brought by conditional fee agreement and funded by after-the-event insurance. Throughout the case the defendants attempted to run it out of funding in the hope that the amount of indemnity required would be impossible to achieve. It took six years and employer’s liability insurers apparently spent more than £4 million in defence costs.
By winning, tens of thousands of workers who were exposed to lower-level noise throughout the 1980s can now pursue compensation for noise-induced hearing loss.
What was your worst day as a lawyer?
Advertisement
It was probably reading the 150-page decision from the High Court in Nottingham that dismissed this claim in the first instance, and feeling the pressure of responsibility for explaining the result to hundreds of disappointed claimants, while attempting to prepare an objective analysis of a potential appeal.
What was your most memorable experience as a lawyer?
Successfully fending off seven aggressive applications, including those to strike out witness evidence at the pretrial review for the Stephanie Baker case, in a court room of fifteen defendant lawyers and one silk.
Who has been the most influential person in your life and why?
On a personal level, my grandfather, who encouraged confidence in my own ability, patience, perseverance, tenacity and attention to detail. In this case, John Hendy, QC, and Theo Huckle were two classic role models whose work ethic and ability to innovate under pressure were truly inspirational.
Advertisement
Why did you become a lawyer?
I could always argue the grey areas.
What would your advice be to anyone wanting a career in law?
Make sure it’s something that you can be enthusiastic about day in, day out. Don’t do it if you can’t think around corners.
If you had not become a lawyer, what would you have chosen and why?
Advertisement
I always wanted the opportunity to take over the family cutlery works.
Where do you see yourself in ten years?
This year I have overseen the creation of the Next Generation Project as vice-president of the Sheffield Law Society. I would like to see that project continue to provide real success in improved support and opportunities for aspiring and young lawyers in Sheffield and across the country. On a personal level, I hope still to be engaged in new and complex cases, and in my spare time spending more time on the water with my family.
l_tsang@hotmail.co.uk