An inquest into the death of Hawick soldier Jason Smith will be re-opened next month.
Private Jason Smith, 32, died on August 13, 2003, after collapsing with heatstroke in Iraq.
In 2006, an inquest by Oxfordshire’s deputy assistant coroner Andrew Walker concluded the Territorial Army soldier would not have died if the British Army had followed procedures.
Private Smith’s family argued that they had not had access to key information and appealed to the Supreme Court.
In 2010 it ruled that a full inquest, that complies with the European Convention on Human Rights, should be held.
Previous evidence heard how Private Smith found the climate in Iraq, with temperatures in excess of 50 degrees, intolerable.
He repeatedly told army medical staff he was feeling seriously unwell.
His mother Catherine Smith said: “Every day the soldiers were asking for air conditioning but they were ignored.
“Perhaps if the army knew that the Human Rights Act applied they would have done something about it.”
The inquest will be held at County Hall in New Road, Oxford, on Monday, September 16.