ABSTRACT
However, s 14(3) goes on to provide that a person will not be fixed with knowledge of a fact ascertainable only with the help of expert advice so long as he has taken all reasonable steps to obtain and, where appropriate, act on that advice. Therefore, in the case of Ali v Courtaulds Textiles Ltd,20 where the claimant sought a medical opinion as to whether his deafness was noiseinduced or age-induced, it was held that the claimant would not be fixed with the knowledge that his deafness was noise-induced at the time that he was aware of his deafness, as the issue as to the cause of his deafness was only ascertainable by means of expert advice, which was not only reasonable, but essential for him to obtain.
