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Last year I had an allergic reaction when a cafe didn’t list full ingredients. Told trading standards who decided not to take any further action after visiting them and giving them a warning about labelling. Started a compensation claim against the cafe myself and just been told that after we sent them pre action letter they forwarded it to the trading standards officer who emailed them back to say that there is no case to answer and the amount we are claiming is unjustified. Surely a local council employee who investigated them for potential criminal charges isn’t allowed to give free legal advice to the defendant in our civil case?
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Hi KRYPTO35Originally posted by Krypto35 View Post
Welcome to LB
Surprisingly, Trading Standards has a duel role, advising business is one of their roles. It saves them having to take action on all complaints they receive. I take it that your compensation claim is a Civil Action. It would be up to Environmental Health Department etc to start proceedings if they felt that their was a failure to adhere to food regulations and the business was negligent.
Regardless of what Trading Standards has said, that 'they have advised, but won't investigate further', what you would need in any case is an expert witness report to back up what you are saying.
https://www.food.gov.uk/business-gui...-and-penalties
Your Council's website will have information, just Google these words together 'food allergies investigated by XXXXXXX council environmental health'.
No doubt, if the case proceeds to a 'Hearing' the Cafe may use 'say that there is no case to answer'. -
Did you follow up your pre-action letter with action?Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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