National Association of Colliery Overmen, Deputies and Shot Firers, R (on the application of) v Secretary of State for Work and Pensions

The Administrative Court quashed a decision concerning the use of the Cold Water Provocation Test in assessing entitlement to Industrial Injuries Benefit for Prescribed Disease A11, vibration white finger. The defendant was ordered to modify and revise existing guidance, or issue fresh guidance, on the test. The defendant was also ordered to pay the claimant’s costs.

The claimant sought judicial review of the defendant’s decision dated 7 February 2002 concerning the assessment of entitlement to Industrial Injuries Benefit for Prescribed Disease A11, vibration white finger. The supplied judgment text records the court’s operative orders but does not set out the factual background, grounds of challenge or detailed reasoning.

1. The decision of the defendant dated 7 February 2002 was quashed.
2. The defendant was ordered to modify and revise existing guidance, or issue fresh guidance, on the use of the Cold Water Provocation Test when assessing entitlement to Industrial Injuries Benefit in relation to Prescribed Disease A11, vibration white finger.
3. The defendant was ordered to pay the claimant’s costs, subject to detailed assessment if not agreed.

The supplied text contains no further reasoning or stated legal propositions.