A test case which could affect the outcome of the mass of outstanding Army deafness cases will be heard by the High Court next week. The case will deal with the method of assessing hearing loss and will be the first to be heard since publication of the State's Green Book, which outlined proposals for assessing hearing loss, and the Blue Book, which criticised the State's proposals and outlined alternatives. The Blue Book was recently drawn up by an expert group with the backing of lawyers acting for plaintiff soldiers.
Legislation has been introduced following the Green Book's proposals which were drafted on the basis of a report from an expert group established by the Department of Health and Children.
The group which drew up the Blue Book states the consensus of the Minister's group could not be accepted as an objective assessment of disability. Its findings differ from the Green Book report. With cases listed for hearing in the High Court at the rate of six a day from now on, Mr Justice Lavan decided yesterday to adjourn this week's actions to allow the test case to proceed next week. It is expected to last about four days.