Royal Courts of Justice
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 FIRERS
(CLAIMANT)
-v-
SECRETARY OF STATE FOR WORK AND PENSIONS
(DEFENDANT)
Computer-Aided Transcript of the Stenograph Notes of
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
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(Official Shorthand Writers to the Court)
MR K STARMER QC appeared on behalf of the CLAIMANT
MR J MOFFETT appeared on behalf of the 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.