MOD Hearing Loss Matrix — 2025:

Updated November 2025.

The MoD NIHL “matrix” standardises damages only. Inter-partes costs remain CPR-governed on the standard basis (or indemnity where engaged). Below is the playbook: split-settlement wording, Part 36 timing, disclosure arguments and a billing checklist you can paste into your next file.

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• Free trial: We draft & negotiate one Bill of Costs to settlement at no charge.

• After that: £500 all-in per file (drafting + negotiations + settlement paperwork).

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The 2025 snapshot (for busy fee-earners)

• What the matrix is: High Court-approved damages settlement framework from the Hugh James litigation (8 Jul 2024). Not statutory; does not displace CPR on costs.

• Costs are not fixed: Annex E (Disease PAP) E4(a) excludes military claims from NIHL FRC → hourly rates apply (standard basis unless indemnity engaged).

• Keep damages and costs separate: A matrix offer usually covers damages only. If costs aren’t agreed, proceed to CPR 47 detailed assessment (N252).

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1) What the MOD NIHL “matrix” actually is

The matrix grew out of group litigation against the MoD and was approved on 8 July 2024. It standardises compensation (e.g., by service dates/tinnitus/audiology) to reduce friction and delay in damages settlement.

Key point: It does not fix inter partes costs—costs remain under the CPR.

Practical point: Expect “matrix-style” figures in other files. Treat them as commercial offers on damages. Negotiate costs separately.

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2) Costs are not fixed on MoD NIHL files

Under Annex E, E4(a) of the Disease & Illness PAP, military claims are excluded from NIHL FRC. So FRC tables don’t bite; you’re back in the hourly world (standard basis unless indemnity applies). You’ll typically still need a Bill of Costs, unless costs are expressly agreed.

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3) Damages vs costs — keep them separate

A matrix figure resolves damages. Unless the document says otherwise, costs follow CPR:

• Record settlement in two limbs: (i) damages per matrix (plus CRU), (ii) costs: to be assessed if not agreed.

• If costs stall, commence detailed assessment: serve N252 + Bill under CPR 47.6.

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4) When to draft the Bill of Costs

• Default on MoD NIHL (FRC excluded): draw a PD 47-compliant (e-)Bill, phased.

• Indemnity windows: if you beat your own Part 36 or prove misconduct, seek indemnity costs for that period. Remember CPR 3.18 budget limits bind only the standard basis, not indemnity.

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5) Evidential prep that drives recovery

• Matrix paperwork: keep the offer/approval note + eligibility (service dates, audiology).

• Time records by phase: NIHL disclosure can be heavy—log volume and complexity.

• Disbursements: audiology/ENT, military records, tracing/defunct-entity steps, counsel—keep vouchers + short necessity narratives.

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6) Commercial context for client updates

NIHL claims against the MoD continue at scale. The matrix accelerates damages; costs remain CPR-driven. Set expectations: faster damages, separate costs negotiation/assessment.

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7) Your 2025 playbook (use now)

1. Read the offer carefully: if silent on costs, they’re to be assessed per CPR.

2. Part 36 early: once eligibility/liability are clear, serve a realistic claimant Part 36. If beaten at judgment, CPR 36.17 triggers indemnity, interest uplifts, and the additional amount (10%/5% to £75k).

3. Consent/Order wording: split damages (matrix + CRU) from costs (assessed/paid under CPR).

4. Bill & N252 early: keep pressure on; chase Default Costs Certificate if PoDs don’t arrive in 21 days.

5. Indemnity periods: where engaged, budget caps (CPR 3.18) do not limit indemnity assessment.

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How DMD Costs turns matrix deals into full recovery

• Bills & e-Bills that map NIHL phases and evidence burden (PD 47-compliant).

• Part 36 strategy & protective wording so you don’t concede costs.

• Negotiation & hearings: PoDs, Replies, Default Certificates, assessments—we press on until every penny is paid.

• Military-claim know-how: arguments aligned to Annex E exclusions and NIHL disclosure realities.

First MOD NIHL file free. Email info@dmdcosts.co.uk

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Offer wording to keep damages and costs separate

Use in letters/consent orders:

“Damages: agreed per matrix (plus CRU). Costs: to be paid on the standard basis, to be assessed if not agreed, with a payment on account under CPR 44.2(8) within 14 days.”

Part 36: when it wins you indemnity

• Serve a realistic claimant Part 36 once eligibility/liability are clear.
• Beat it at judgment → CPR 36.17 applies: indemnity costs from expiry, interest uplift, additional amount.
• CPR 3.18 budget caps don’t bite on indemnity.

Defence lines you’ll hear—and the short answers

• “Matrix includes costs.” → No. It’s damages only; costs remain CPR-true.
• “Disclosure/admin excessive.” → NIHL disclosure is inherently heavy (service records, audiology, restoration). Index volume + necessity.
• “Rates too high.” → Anchor to complexity, risk, location; show supervision chains.

Billing checklist (drop-in)

• Phased Bill/e-Bill (PD 47) with full vouchers
• Disclosure index + page counts.
• Audiology/ENT invoices with one-line necessity notes.
• Offer chronology (matrix vs your Part 36).
• Payment on account ask and basis.

N252 served; DCC diary for day 22 if PoDs late.

FAQs (quick answers clients ask)

Does the MoD matrix fix legal costs?

No. It’s a damages framework; costs remain under the CPR.

Are military NIHL claims inside NIHL FRC?

No. Annex E, E4(a) excludes military claims from NIHL FRC.

Do I still need a Bill of Costs on matrix cases?

Yes—unless costs are expressly agreed. Otherwise serve N252 and proceed under CPR 47.6.

Can I claim indemnity costs?

Yes—e.g., if you beat your own Part 36 at judgment (36.17 consequences).

What core documents should I preserve for costs?

Matrix terms/letters, service & audiology evidence, disclosure indices, time sheets, and all disbursement vouchers.

Can defendants push “inclusive of costs” figures?

They can propose them; you’re not obliged. Separate damages vs costs unless the global matches a reasoned Bill.

How should I frame the consent order?

Two limbs: (i) damages per matrix (plus CRU), (ii) costs per CPR (assessed/paid or as agreed).

Best timing for a claimant Part 36?

Early, once liability/eligibility are clear—so you can leverage 36.17 at judgment.