National Association of Colliery Overmen, Deputies and Shot Firers, R (on the application of) v Secretary of State for Work and Pensions [2003] EWHC 1159 (Admin)

Case No CO/984/2003[2003] EWHC 1159 Admin
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Venue Royal Courts of JusticeDate Thursday, 1st May 2003
Strand
London WC2
B E F O R E:
LORD JUSTICE SCOTT BAKER
MR JUSTICE PITCHFORD

THE QUEEN ON THE APPLICATION OF NATIONAL ASSOCIATION OF COLLIERY OVERMEN, DEPUTIES AND SHOT FIRERSClaimant-v-SECRETARY OF STATE FOR WORK AND PENSIONSDefendant
Computer-Aided Transcript of the Stenograph Notes ofSmith Bernal Wordwave Limited190 Fleet Street London EC4A 2AGTel No: 020 7404 1400 Fax No: 020 7831 8838(Official Shorthand Writers to the Court)
MR K STARMER QC appeared for CLAIMANTMR J MOFFETT appeared for DEFENDANT
J U D G M E N T(As Approved by the Court)
Crown copyright©Thursday, 1st May 2003
[1]MR JUSTICE PITCHFORD: I give judgment in the terms now handed down and in consequence order that the decision of the defendant dated 7th February 2002 be quashed. Secondly, that the defendant modify and revise existing guidance and/or issue fresh guidance on the use of the Cold Water Provocation Test for assessing entitlement to Industrial Injuries Benefit in relation to Prescribed Disease A11, vibration white finger, and in consequence of receiving representations from the parties, I order that the defendant pay the claimant's costs of the claim, to be assessed by detailed assessment if not agreed.