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Daniel Moffat v The Advocate General for Scotland


The Pursuer was formally a soldier in a Scottish regiment He was subsequently medically discharged due to a dermatological problem. The Pursuer claimed that he was suffering from mycosis fungoides which started during his term in the forces. He claimed it was due to his exposure to chemicals which had been applied to his uniform and that that amounted to a breach by the MOD of Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 1994 and Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1992. The Defender disputed that the Pursuer was suffering from such a condition, averring that it was chronic superficial dernatitis rather than mycosis fungoides. The court looked at whether the dermatological condition suffered by the Pursuer was directly attributable to the wearing of the army clothing.