Peace of mind

Your solicitor will discuss all of the funding options available to you and together you will decide whether or not a No Win, No Fee* agreement is the right choice for you. Although other options are available, nearly all of our clients decide that this is the right option for them. This type of agreement offers peace of mind for you and your family, as you are at no financial risk should your case be unsuccessful. The solicitor will act on your behalf with your best interests in mind working towards getting you as much compensation as possible. If you win your case, you will only contribute 25% of the compensation awarded, leaving the food provider to pay your solicitor’s basic charges and expenses.

Know your rights

Food regulation in the UK is covered by the 178/2002 provisions, which states in Article 14 that food shall not be placed on the market if it is unsafe.

Food is deemed to be unsafe if it is:
– Injurious to health
– Unfit for human consumption

If you have suffered food poisoning in the UK, you can claim against the food provider if it can be proven that these regulations have been breached.

If you have suffered an allergic reaction to food not properly labelled, there is additional legislation that also covers you to make a claim against the food provider for their negligence. To find out whether you are covered by the regulations, please contact our office on 01625 253020 and speak to a member of the team.

Time limitation

Cases of food poisoning and allergy claims usually have to be brought within 3 years from the date on which the accident or illness was known to have taken place*. There are however different time limits for cruise ships (2 years) and children: anyone under the age of 18 affected by such events has 3 years from their 18th birthday to bring a case forward. A parent or guardian can act as a litigation friend, making decisions in the child’s best interests up until their 18th birthday.

*Date of knowledge classification, under the Limitation Act 1980:
*Date of knowledge classification, under the Limitation Act 1980:
“The date of knowledge is where the claimant had knowledge and could reasonably have ascertained (with or without the help of expert advice) such facts so as to have knowledge:
• That the injury in question was significant; and
• That the injury was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty; and
• The identity of the defendant; and
• If it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against the defendant.”

It is often hard for our team to process claims with less than 9 months of limitation time left. This is because the defendant, under the pre-action protocol for personal injury claims, does not have sufficient time to investigate your claim from their end prior to proceedings being issued. If you have less than 9 months until the deadline of your limitation period, please speak with a member of the team and they will advise whether we can help with your claim. Each claim has different merits and there are a few circumstances where we may be able to help even if you have less than 9 months of limitation remaining.

*Charges may apply. See here for details.

No Win, No Fee: what does it mean?

No Win, No Fee is a term used to describe an agreement between a solicitor and a claimant. It states that in this instance, the claimant cannot be charged if their illness compensation claim is unsuccessful.

However, if your case is successful, the solicitor may take up to 25% of the compensation awarded, although this will be subject to your individual circumstances and the actual fee may be more or less than this. In some circumstances may wish to insure the case with an “after the event” insurance policy; this will be done on a case-by-case basis.

Enquire over the phone:

01625 253020

Were you made sick within the last 3 years?
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* (trading name of Fernard Ltd.) is funded by solicitors on its marketing panel who pay a monthly subscription for marketing services.

If you were ill abroad on a package holiday
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