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Food Allergy Claims: What Are Your Rights?
Food allergy claims, what you need to know:
- Restaurants, takeaways, supermarkets and cafes across England and Wales owe customers a legal duty to declare allergens under the Food Information Regulations 2014
- Natasha’s Law (October 2021) requires full ingredient labelling on all food pre-packed for direct sale
- Carter and Carter Solicitors publishes its fee at 10% of compensation when claims settle without issuing court proceedings
- Claimants have three years from the date of the allergic reaction to start a claim under the Limitation Act 1980
- Every food allergy claim is assessed individually based on the severity of the reaction, the medical evidence, and the impact on daily life
3 Years
Time Limit to Claim
Fees Published
Know Exactly What You Pay Before You Call
2-6 Months
Typical Timeline
I Had an Allergic Reaction in a Restaurant. Is It Actually Worth Claiming?
Most people who contact Carter and Carter Solicitors after a food allergy reaction start with the same thought. It was just a reaction. It was not an injury. They dealt with it. They used their EpiPen or went to A&E and recovered. It does not feel like something worth pursuing legally.
In almost every case, they are wrong.
The Food Standards Agency estimates that 2 million people in the UK have a food allergy. The Food Information Regulations 2014 require every food business in England and Wales to declare the presence of any of the 14 regulated allergens. Natasha’s Law, which came into force on 1 October 2021, extended this obligation to all food pre-packed for direct sale. When a restaurant, takeaway, supermarket or cafe fails to declare an allergen and a customer suffers a reaction, that is a breach of a legal duty. It is not bad luck. It is negligence with a legal remedy.
And the impact goes beyond the medical event. The reaction itself may last hours. But the fear of eating out, the loss of trust in restaurants, the obsessive label-checking, the avoidance of social meals – that can last months or years. That lasting impact on daily life is compensable under general damages.
Time Limit
3 years from the date of the reaction (Limitation Act 1980)
Scale of the Problem
2 million people in the UK have a food allergy (FSA). 14 allergens regulated by law
Compensation
Assessed individually, guided by the Judicial College Guidelines 17th Edition (April 2024)
Your Solicitor
The same senior solicitor handles every stage of your claim personally. No handoffs
Cost to You
No Win No Fee. Published fee of 10% when claims settle without court proceedings
The Law Changed
Natasha’s Law (October 2021) strengthened allergen labelling duties for all food businesses
We Act for Clients Across England and Wales
Based in Whaley Bridge on the edge of the Peak District, Carter & Carter handles food allergy claims for clients across England and Wales. Every claim is managed remotely by phone, email, and post. You do not need to visit the office. Call 0800 652 0586 to speak directly with Chris or David.
Which Allergen Caused Your Reaction? Every Type of Food Allergy Claim
Food allergy claims arise from 14 specific allergens regulated under UK and EU food law. The allergen that caused the reaction determines the evidence pattern, the likely defence from the business, and the typical settlement timeline.
Carter and Carter Solicitors handles claims for all 14 regulated allergens. The five most common are detailed below. Every allergen has a dedicated page explaining the law, the evidence, and the process.
Dairy and Milk Allergy Claims
Egg Allergy Claims
Gluten and Coeliac Claims
Nut Allergy Claims
Shellfish Allergy ClaimsFind Your Specific Allergen Claim Guide
If the allergen that caused the reaction is not listed here, call 0800 652 0586. The legal principle is always the same: the business had a duty to declare its allergens. If it failed, you have a right to claim.
Can I Sue for an Allergic Reaction? Here Is What the Law Says
When a restaurant tells a customer that an allergic reaction was not their responsibility, they are making a legal claim about their own compliance. The Food Information Regulations 2014 require every food business in England and Wales to provide allergen information to customers. This is not guidance. It is a legal obligation enforced by local authority Environmental Health Officers and, at the national level, by the Food Standards Agency.
The duty has two parts. First, the business must identify which of the 14 regulated allergens are present in each dish. Second, the business must communicate that information to the customer clearly and accurately. Natasha’s Law extended this duty to food pre-packed for direct sale from 1 October 2021.
The question is not whether the customer asked. The question is whether the business told.
You can claim if:
You told the waiter and they served you the allergen anyway. Clear breach of duty. The most common type of food allergy claim.
You did not mention your allergy but the menu did not list allergens. The business must declare proactively. The burden is on them, not you.
The menu said “may contain.” Not a defence. “May contain” warnings are for manufacturing cross-contamination, not kitchen negligence.
The food was labelled “dairy-free” or “gluten-free” but contained the allergen. Mislabelling is a direct breach of the Food Information Regulations.
The time limit is three years from the date of the reaction under the Limitation Act 1980. After three years, the right to claim is permanently lost.
How Much Is a Food Allergy Claim Actually Worth?
Compensation depends on the severity of the reaction, how long recovery takes, and how the reaction has affected daily life and the ability to eat with confidence. The Judicial College Guidelines 17th Edition (April 2024) provide the framework used across England and Wales to assess injury value.
For mild to moderate reactions including rashes, swelling and short-term symptoms, compensation starts from approximately 1,500 pounds. Moderate reactions requiring A&E treatment or short hospitalisation are typically assessed between 2,000 and 3,500 pounds. Severe reactions involving anaphylaxis, ICU admission or lasting psychological impact are assessed from 3,500 pounds upward.
General Damages
Pain, suffering and loss of amenity
Food anxiety and loss of confidence eating out
Assessed against the Judicial College Guidelines
Special Damages
Lost earnings (time off work)
Medical costs, ambulance, A&E
Replacement EpiPen costs
Travel to hospital and follow-up appointments
Many claimants underestimate what their food allergy claim is worth because they focus on the reaction itself and forget the financial losses: earnings, taxis to hospital, replacement EpiPens, and the weeks of anxiety that followed.
I Did Not Keep the Packaging. Have I Already Lost My Chance?
No. Missing packaging does not prevent a claim.
Medical records carry evidential weight. Bank statements and online order confirmations prove the purchase. A written complaint to the restaurant by email creates a dated record. The allergen matrix the restaurant is legally required to maintain can be obtained through the solicitor’s letter of claim.
But evidence does decay. And in food allergy claims it decays faster than most claimants expect.
14-30 Days
CCTV footage overwritten
Weeks
Menus change. Staff leave
Months
Kitchen allergen records altered or lost
A solicitor’s letter of claim, sent promptly, creates a legal obligation on the restaurant to preserve all footage, allergen records, staff training documentation and menus. That single letter protects the evidence that proves the case.
What to do after a food allergy reaction:
- Seek medical attention. Tell the GP or A&E exactly what you ate, where you ate it, and what reaction you had
- Photograph the food, the packaging, the menu, any allergen signage, and your reaction
- Keep the receipt, bank statement, or online order confirmation
- Email the restaurant to report the reaction (creates a dated record even weeks later)
- Contact a solicitor to send a preservation letter before the CCTV is overwritten
What Actually Happens If I Pick Up the Phone?
Most food allergy claims resolve within two to six months. The process has four steps.
STEP 1
Day One
Free assessment. Speak directly with Chris or David. Honest view within the first call.
STEP 2
Weeks 1-4
Evidence secured. Letter of claim sent. Allergen records preserved. Medical records obtained.
STEP 3
Months 1-4
Negotiation with the restaurant’s public liability insurer.
STEP 4
Months 2-6
Settlement paid. Typically 14-28 days after agreement.
99% of claims do not proceed to a final court hearing. The same senior solicitor handles every stage. The person who takes the first call is the person who negotiates the settlement.
Had an Allergic Reaction? Find Out If You Can Claim
The first conversation is free, takes about 15 minutes, and carries no commitment. You will speak directly with Chris or David.
No Win No Fee Sounds Straightforward. But What Do I Actually Pay?
If the claim does not succeed, the claimant pays nothing. No upfront fees. No hidden charges. No financial risk at any stage.
If the claim succeeds, Carter and Carter charges 10% of the compensation when the claim settles without the need to issue court proceedings. If court proceedings are required, the fee is 25%. That is the legal maximum.
These fees are published openly at /why-work-with-us/ before the first phone call.
On a £3,000 settlement without proceedings:
You keep £2,700
There Are Hundreds of Solicitors. Why Would I Pick a Small Specialist Firm?
Because small is a choice, not a limitation. Read more about why clients choose Carter and Carter.
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Two Solicitors
Chris Carter (qualified 1993) and David Healey (qualified 2005). No paralegals. No handoffs. Your solicitor’s direct number from day one.
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Specialist Since 2007
Four claim types only. No conveyancing. No family law. The sacrifice is the signal.
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250 Five-Star Reviews
Every review publicly visible on Google. Not selected. Not anonymised. Verifiable in 30 seconds.
Natasha’s Law: Why the Law Is Now on Your Side
On 17 July 2016, fifteen-year-old Natasha Ednan-Laperouse bought an artichoke, olive and tapenade baguette from a Pret A Manger shop at Heathrow Airport before boarding a British Airways flight to Nice with her father. The baguette contained sesame seeds baked into the dough. No allergen information was displayed on the packaging. Natasha, who had a known sesame allergy, read the label before choosing her sandwich. There was nothing to read.
Natasha suffered a catastrophic anaphylactic reaction on the flight. She died. The inquest (Coroner Dr Sean Cummings, September 2018) revealed that Pret A Manger knew of 21 previous allergic reactions to its food in the year before Natasha’s death. The coroner issued a Regulation 28 Report to Prevent Future Deaths, calling on the government to close the labelling loophole that had allowed Pret to sell food without listing allergens on the packaging.
That report led directly to Natasha’s Law, which came into force on 1 October 2021. Every food business in England and Wales that pre-packs food for direct sale must now display full ingredient labelling including all allergen information. The loophole that killed Natasha Ednan-Laperouse is closed.
Chris Carter, who qualified in 1993 and has handled food allergy claims at Carter and Carter since the firm was founded in 2007, assesses every restaurant and takeaway allergy claim against two questions: what allergen information was the claimant given, and what allergen information should they have been given under the law as it stands today. Since October 2021, the legal obligation on businesses is clearer and stronger than it has ever been.
For food allergy claims, the Natasha’s Law principle means claimants do not need to prove they asked about allergens. The law requires the business to provide the information proactively. If the allergen was not declared, the business breached its legal duty.
Still Not Sure? Here Is What Other People in Your Situation Asked Us
Can I sue for an allergic reaction?
Can I claim if the menu said “may contain”?
How long do I have to make a food allergy claim?
What are your fees for a food allergy claim?
How long does a food allergy claim take?
Do I have to visit your office in Derbyshire?
The restaurant says I should have mentioned my allergy. Can I still claim?
Can I claim for an allergic reaction at a takeaway?
What if I used my EpiPen but did not go to hospital?
I feel anxious about eating out since the reaction. Does that affect my claim?
What is the difference between general damages and special damages?
Food Allergy Claim Solicitors Serving England and Wales
Whether the allergic reaction happened in Manchester, London, Birmingham, Leeds, Liverpool or any town across England and Wales, the law is the same. Restaurants, takeaways, supermarkets and cafes must declare their allergens. Carter and Carter Solicitors handles food allergy claims for clients wherever they are based, managed entirely by phone, email and post.
Chris Carter (qualified 1993) and David Healey (qualified 2005) handle every claim personally. Two senior solicitors with 54 years of combined experience, available on direct phone numbers from day one.
Carter & Carter Solicitors is a specialist personal injury practice serving clients across England and Wales from its head office in Whaley Bridge, Derbyshire. Founded in 2007, the firm handles four types of claim: workplace accidents, food allergy reactions, needlestick injuries, and accidents in public places. Chris Carter, Managing Solicitor, qualified in 1993 and brings 33 years of personal injury experience. David Healey, Senior Solicitor, qualified in 2005 and brings 21 years. The firm operates on a No Win No Fee basis with a published fee of 10% when claims settle without issuing court proceedings. Carter & Carter holds 250 verified five-star Google reviews and is registered with the Solicitors Regulation Authority.
YOUR CLAIM, OUR PRIORITY
Meet Your Solicitors
Chris Carter
Managing Solicitor, qualified 1993
When a client calls about a food allergy reaction, Chris assesses two things before anything else: what allergen information was the claimant given, and what allergen information should they have been given under the Food Information Regulations 2014 and Natasha’s Law. The gap between those two answers determines the strength of the claim. After 33 years of practice, the pattern is always the same: the business says it warned the customer. The customer says it did not. The evidence decides.
Direct access from day one. No handoffs. No case handlers.
David Healey
Senior Solicitor, qualified 2005
David handles the food allergy claims where the restaurant’s insurer argues the claimant should have done more to protect themselves. Contributory negligence is the insurer’s favourite defence in allergy cases. David’s response is always the same: the law does not require the customer to interrogate the kitchen. It requires the business to declare its allergens. Twenty-one years of making that argument, and the law has only got stronger since Natasha’s Law.
Direct access from day one. No handoffs. No case handlers.
Two solicitors. 54 years combined experience. One promise: You’re in Safe Hands. That’s Our Promise.
CCTV Footage Overwrites in 14-30 Days. Menus Change Weekly.
A solicitor’s letter preserves the evidence that proves your case. One phone call. Fifteen minutes. No commitment.
No pressure. No jargon. No upfront costs. Just honest advice about your options.
Last updated: April 2026
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