Moffat v Advocate General for Scotland - Breach of standard of care; Reg. 7(1) Control of Substances Hazardous to Health Regulations 1994; and, Reg. 5(1) of the Provision and Use of Work Equipment Regulations 1992, Court of Session
The pursuer was discharged for medical reasons. He claimed that chemicals in his uniform had caused a 'skin irritation'. Medical evidence demonstrated that he did not have 'mycosis fungoides' but 'chronic superficial scaling dermatitis' which was not caused by contact with clothing. The hearsay medical evidence was disregarded in favour of the evidence given in court by the defendant's expert. In any event there was insufficient evidence to show that the Ministry of Defence could reasonably foresee the damage.