By David Healey, Senior Solicitor · Reviewed by Chris Carter · Last reviewed: November 2026
Nut Allergy Legal Rights
| Your rights | Accurate allergen information, reasonable care once you warn the business, and compensation if its failure causes a reaction |
|---|---|
| The law | Food information law (including the Food Information Regulations 2014 and Natasha’s Law) and the law of negligence |
| Who is responsible | Usually the business that served or sold you the food, and in practice its insurer |
| Time limit | Usually three years from the date of the incident |
| Compensation | Most of our nut allergy claims settle for £2,500 to £3,500 before our fee for the reaction itself, plus losses. Full figures |
| Our fee | Nothing if your claim fails, with two exceptions set out in your agreement (see the full fee detail). 10%, VAT included, if it settles before court proceedings are issued. Full fee details |
| Who we act for | Adults across England and Wales. We do not take children’s claims |
1Your Legal Rights · 4 questionsWhat are my legal rights after a nut allergy reaction? · What law makes a food business responsible for a nut allergy reaction? · What do I have to prove to make a claim? · Who can be held responsible?↓2When the Business Disputes It · 3 questionsWhat if the business says I never told them about my allergy? · What if they say it was not their food that caused the reaction? · What if they say it was partly my fault?↓3Protecting Your Rights · 2 questionsWhat should I do after a nut allergy reaction to protect my rights? · How long do I have to make a claim?↓4What It Is Worth, and What It Costs · 2 questionsWhat is my claim worth? · What will it cost, and who will handle it?↓
Your Legal Rights
1.1What are my legal rights after a nut allergy reaction?
You have the right to accurate allergen information, the right to have your food prepared with reasonable care once you have told the business about your allergy, and the right to claim compensation if its failure caused your reaction.
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What are your legal rights after a nut allergy reaction? In England and Wales, three rights matter most when a restaurant, café, takeaway or other food business gets it wrong:
Those rights do not depend on how serious the reaction was, or whether you went to hospital. Our nut allergy claims guide covers what a claim involves and what it is worth.
Not sure whether what happened to you counts? Call us on 0800 652 0586. We will tell you whether we can take your claim on, and if we cannot, we will say so.
1.2What law makes a food business responsible for a nut allergy reaction?
Two kinds of law. Food information law, including the Food Information Regulations 2014 and Natasha’s Law, sets out what businesses must tell you about allergens. The law of negligence lets you claim compensation when a business fails to take reasonable care and you are harmed.
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Which laws apply? First, food information law. Food businesses must give accurate information about the 14 major allergens. In England those rules are enforced through the Food Information Regulations 2014, and in Wales through the Food Information (Wales) Regulations 2014. Since October 2021, Natasha’s Law and the matching Welsh rules have also required full ingredient labels, with allergens emphasised, on food that is packed on the premises before you choose it, such as sandwiches and salads. These rules are enforced by local councils and can lead to prosecution.
Second, the law of negligence. A business that serves you food must take reasonable care not to harm you. Your compensation claim is based on that duty. Breaking the food information rules is not automatically the same thing, but a business that did not follow them will find it hard to argue that it took reasonable care.
Where you bought a packaged product and the label was wrong, the claim may be against the shop under your contract with it, or against the manufacturer.
1.3What do I have to prove to make a claim?
Four things, on the balance of probabilities: the business owed you a duty of care, it fell short of it, that failure caused your reaction, and you suffered harm or loss as a result.
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What has to be proved in a nut allergy claim? Four things, each on the balance of probabilities, which means more likely than not:
Our nut allergy evidence guide explains what helps with each one.
1.4Who can be held responsible?
Usually the business that served or sold you the food: a restaurant, café, takeaway, hotel, caterer or work canteen. A business is responsible for mistakes its staff make at work. Where a packaged product was wrongly labelled, the retailer or manufacturer may be.
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Who is responsible for a nut allergy reaction? In most cases, the business that served or sold you the food. That includes restaurants, cafés, takeaways, delivery kitchens, hotels, caterers at weddings and events, and work canteens. A business is responsible for mistakes its staff make in the course of their work, so it cannot avoid a claim by blaming a junior member of staff.
Where a packaged product was wrongly labelled, the claim may be against the shop that sold it to you, under your contract with it, or against the manufacturer. We will tell you which applies to you.
We act for adults only. We do not take children’s claims.
When the Business Disputes It
2.1What if the business says I never told them about my allergy?
It is a common answer, and often not the end of a claim. An order note, an app message, a booking, a witness or the business’s own records can show you told them.
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What if the business denies you told it about your nut allergy? It is one of the most common responses. Written evidence is the strongest answer: a note on an online order, a message through a delivery app, a booking form, or an email. A friend who heard you tell the staff helps too, and so can the business’s own allergen records and procedures.
Our guide to what to do when the business says you did not tell them explains this in more detail. If you are worried about proving it, call us on 0800 652 0586 and we will look at whether we can take your claim on. No charge, no obligation.
2.2What if they say it was not their food that caused the reaction?
The timing and your symptoms usually answer that. A reaction soon after eating their food, recorded by a doctor, pharmacist or paramedic, is strong evidence that their food caused it.
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What if the business argues something else caused your reaction? Courts decide this on the balance of probabilities. If you reacted soon after eating their food, had not eaten anything else that could explain it, and your symptoms were typical of a nut reaction, that is usually enough, especially where the business’s own recipe or allergen records show the dish contained nuts. Medical records made at the time, a receipt, and messages you sent at the time all help to show the sequence of events.
2.3What if they say it was partly my fault?
If you told them clearly about your allergy and relied on what they said, it is hard for a business to blame you. Where you were partly to blame, your compensation can be reduced to reflect that, but you can still claim.
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Can a business blame you? It may try, for example by saying you should have checked the menu or asked again. Where you told the business clearly about your allergy and relied on its answer, that argument rarely gets far. If a court did find you partly to blame, your compensation would be reduced by a percentage that reflects your share, under the Law Reform (Contributory Negligence) Act 1945, rather than the claim failing altogether.
Protecting Your Rights
3.1What should I do after a nut allergy reaction to protect my rights?
Get medical help first. Then keep your receipt and any order or booking records, photograph your symptoms, write down what you told the staff and who you spoke to, take witness details, and speak to a solicitor early.
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What should you do after a nut allergy reaction? Your health comes first: if a reaction affects your breathing or swallowing, get urgent medical help and follow the NHS advice on anaphylaxis. Once you are safe, these steps protect your claim:
Then call us on 0800 652 0586. We will tell you whether we can take your claim on.
3.2How long do I have to make a claim?
Usually three years from the date of the incident. But receipts, CCTV and the business’s records are easiest to get in the first few weeks.
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How long do you have? Usually three years from the date of the incident to start court proceedings, under the Limitation Act 1980. Most claims settle long before that.
The practical deadline is sooner. CCTV is often recorded over within weeks, staff move on and online menus change. Our guide to time limits for nut allergy claims explains how the date works. If your reaction was a while ago, call us on 0800 652 0586 and we will check the date with you.
What It Is Worth, and What It Costs
4.1What is my claim worth?
Most of our nut allergy claims settle for £2,500 to £3,500 before our fee for the reaction itself, plus lost earnings and expenses. Our nut allergy claims guide explains the figures and the cases behind them.
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What is a claim worth? It depends on how serious the reaction was, whether you needed emergency treatment, and how long the effects lasted. Most of our nut allergy claims settle for £2,500 to £3,500 before our fee for the reaction itself, with lost earnings and expenses added on top. Our nut allergy claims guide sets out the full scale, the court guidelines and a reported case, and explains how long claims take.
4.2What will it cost, and who will handle it?
Nothing if your claim fails, except in two situations set out in your agreement. If it succeeds, Carter and Carter Solicitors takes 10% of your compensation, VAT included, if it settles before court proceedings are issued, or 25% if proceedings are issued. Chris Carter or David Healey runs your claim from start to finish.
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What does it cost? Nothing up front, and nothing if your claim fails, except in two situations set out in plain words in your agreement before you sign: you turn down an offer we advised you in writing to accept and the court then awards you no more, or a court finds you were dishonest about something central to the claim. If it succeeds, Carter and Carter Solicitors takes 10% of your compensation, VAT included, if it settles before court proceedings are issued, or 25% if proceedings are issued. Nothing else is deducted. In our experience almost every no win no fee firm takes 25%. See what no win no fee solicitors take.
Who handles it? Chris Carter, who qualified in 1993, or David Healey, who qualified in 2005. One of us deals with your claim after the first call, through to the day you are paid, by phone, email and post. There is no call centre and no junior case handler.
For a free, no obligation discussion about Your Nut Allergy Claim, simply either call us now on 0800 652 0586, email us on chris@candcsolicitors.co.uk, or complete a Free Online Enquiry and we will explain all of the options available to you.
