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England and Wales High Court (Administrative Court) Decisions

You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> 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) (01 May 2003)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2003/1159.html
Cite as: [2003] EWHC 1159 (Admin)
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Neutral Citation Number: [2003] EWHC 1159 (Admin)
CO/984/2003

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT

Royal Courts of Justice
Strand
London WC2
1st May 2003

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
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(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
____________________

HTML VERSION OF JUDGMENT
____________________

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.

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