The High Court, sitting in Kilkenny, has rejected an ex-soldier's claim for alleged hearing disability and awarded legal costs against him.
The court heard yesterday that under the Government's guidelines on hearing disability the retired soldier, former Pte Anthony Marshall (56), of Carrick-on-Suir, Co Tipperary, had "zero hearing disability", or normal hearing for his age.
This is seen as a significant case given that in a previous High Court case a retired solder, also with normal hearing for his age, was awarded £45,000. That case and another where the High Court awarded £80,250 to a serving soldier with marginal hearing loss led to a flood of compensation claims from both serving and retired military personnel.
The Department of Defence has received a total of 13,637 claims. Some 1,975 of these have been settled with total costs to the State of £43.55 million in awards and £12.25 million in legal costs.
Claims are still arriving at around 50 a week. On Wednesday the Minister for Defence, Mr Smith, pointed out that about 54 per cent of the claims would be for disability that could be put within the "zero" rate category. Mr Justice Lavan rejected the claim for compensation and awarded costs to the State. The sum of costs was not disclosed but, so far, the average cost to the State of a High Court claim for alleged hearing loss is in the region of £9,000.
In another case before the High Court in Kilkenny yesterday, Mr Justice Johnston awarded £3,107 to Pte Edward Sweetman (40), serving in Collins Barracks, Cork. Pte Sweetman was also found to have a "zero" rated hearing disability but it was projected that at the age of 60 he would have 2.85 per cent hearing loss.