Our client, Mr Barnes, served in the Armed Forces between 1995 and 2017, beginning his career as a military musician. Although he entered service intending to join the military band, he first completed standard basic soldier training before specialising in music.
Life in Service and Exposure to Noise
Throughout his military career, our client spent long periods rehearsing and performing in close proximity to loud instruments.
- Marching band: Regular rehearsals of up to an hour, positioned behind saxophones with clarinets on both sides
- Concert band: 1.5-2 hour rehearsals with trumpets directly behind him
- Daily Practice: After training, he practiced or marched from 8:30 am to 12:30pm, five days per week
- Drum Major Duties: From 2007, he trained and worked as a Drum major, spending up to 10 hours per day on the parade square, shouting commands above the sound of brass instruments.
He also performed in a jazz and pop band, singing and playing keyboard for long sessions. He frequently experienced ringing in his ears (tinnitus) after rehearsals due to the high noise levels.
Although he was issued moulded hearing protection, he would be disciplined for not wearing it fully, yet when worn correctly, it prevented him from hearing essential instructions. As a result, protection was often inserted loosely and did not reduce exposure sufficiently.
Medical Discharge
In 2017, Mr Barnes was made temporarily medically unfit due to neck problems. During his medical review, significant hearing loss was also identified. He was medically discharged due to the combination of neck and hearing issues, although orthopaedic evidence later confirmed that the neck condition did not contribute to his post-service employment difficulties.
Impact on His Civilian Career
Following discharge, the client attempted to pursue a musical career, having previously represented the Armed Forces on BBC’s The Voice, but found it financially unsustainable.
He went on to work in gym management, the prison service, and later as a Police Control Room Operator. In both unformed services, hearing issues presented serious risks:
- In 2021 he withdrew from a prison officer application after failing to reliably hear alarms and radio communications
- In 2023, he resigned from a 999 call-handling role after missing critical information, fearing the consequences of future errors.
- He later worked as a taxi driver and Amazon delivery driver.
Expert Evidence
The expert evidence was unequivocal:
- ENT specialists agreed that his hearing loss was caused by noise exposure during military service, with no alternative medical causes.
- Acoustic Engineering Evidence confirmed that less than 1% of his total noise exposure came from deployment in Iraq, the overwhelming majority occurred during routine band duties.
- A hearing aid assessment recommended devices costing £4,360-£4,380, and he had already purchased previous aids and in-ear monitors at his own expense.
The Legal Claim
The defendant admitted breach of duty and accepted that service-related noise exposure caused the client’s hearing loss and contributed to his discharge.
The Schedule of Loss included:
- Pain, suffering and loss of amenity (PSLA)
- Past and future loss of earnings
- Loss of pension
- Future hearing aid costs
- Cost of specialist in-ear monitors and mixing equipment
The total value exceeded £500,000
The defendant initially offered £20,000 (2023), then £100,000 (February 2025), both offers were allowed to expire.
A Joint Settlement Meeting (JSM) was listed for 14th November 2025, ahead of a trial window in January 2026.
Settlement
During the JSM, the defendant increased their offer to £380,000.
Although we advised that a higher award was likely at trial, the client chose to accept this substantial sum. He described the settlement as life-changing, far beyond anything expected.
He plans to use the award to:
- Purchase a home for himself and his children
- Carry out necessary renovations
- Upgrade future hearing aids as needed
Client Feedback
“I don’t think I’ve ever been more grateful for someone else’s actions. You have been magnificent in professionalism, amazing in getting the best outcome for me, and incredible at making this case such an easy process. I appreciate everything you’ve done and will never forget it- you’ve changed my life forever. Thank you.”
Our Military and Industrial Disease Team
This case was handled by our Military and Industrial Disease team, led by Alex Bruce, who specialises in claims involved service-related hearing loss and complex occupational exposure. Alex and the team worked tirelessly to ensure the strongest possible evidence was presented and guided the client through every stage of the process. Their expertise and commitment were central to achieving this life changing settlement.
If you think you have a claim similar to this one, please contact us and we would be more than happy to help.
All relevant permissions were obtained to include the name of our client and his details.
