How To Claim For An Allergic Reaction After Eating West Cornwall Pasty Co

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Allergic Reaction After Eating West Cornwall Pasty Co

While you’re out and about in town, finding somewhere to eat can often be tricky. Therefore, you might want to grab a snack on the go rather than sit down in a restaurant. In that situation, you might be drawn to the smell of a West Cornwall Pasty Co. outlet.

While many customers can just choose what they like, allergy sufferers will need to check what’s in their food thoroughly before placing an order. To make things easier, there are laws that retailers and food producers need to follow to indicate the presence of allergens in their food. If they fail to follow the law, and a customer suffers because of their negligence, then a compensation claim might be possible. This guide will therefore review your rights to claim for an allergic reaction after eating in a West Cornwall Pasty Co. outlet.

Allergic reaction after eating West Cornwall Pasty claims guideLegal Expert can help you begin a compensation claim following an allergic reaction. We offer a no-obligation consultation about your claim and offer free advice to all callers. If there’s a likelihood of success, your claim could be given to one of our personal injury solicitors to take on. If they agree, your claim will be handled on a No Win No Fee basis.

To begin a claim for an allergic reaction to a West Cornwall Pasty Co meal, call 0800 073 8804 today. Otherwise, you’ll find more information about claiming if you read the rest of this guide.

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What Are Allergic Reactions To A West Cornwall Pasty Co?

As you’ll see in the next section, an allergic reaction isn’t your fault, nor anybody else’s fault, so you might think suing a food outlet after suffering one might seem strange. However, there are steps that retailers have to take to inform customers that an allergen is present in their food. If they don’t, then suing the company might be an option.

Therefore, we will explain what types of negligence could entitle somebody who suffers an allergic reaction to make a claim for compensation.

What Causes Food Allergies?

While the human body is amazing, it does have some flaws. An allergic reaction is actually a result of a mistake made by the immune system. They happen when your body wrongly treats an ingredient as being harmful. At that point, the immune system reacts and sends antibodies to try and protect you. A common antibody is histamine and its release triggers the most common symptoms of an allergic reaction.

NHS guidance states that these symptoms can include:

  • Conjunctivitis (red watery eyes).
  • Swollen face, eyes, tongue or lips.
  • Shortness of breath.
  • Red cracked skin.

These symptoms can last a few hours, days or weeks but generally will clear up. However, more severe reactions can lead to a condition called anaphylaxis. This is a medical emergency because, without urgent treatment, it can be life-threatening or fatal.

Types Of Food Allergies

There are some allergies that make the news quite regularly. For instance, you might have heard that some plane companies are stopping selling nuts on flights because even a trace amount could cause passengers with nut allergies to become seriously ill. However, there are many other allergens that you might not be aware of. We’ve provided a detailed list of potential allergies below:

  • Lupin allergy
  • Fish allergy
  • Celery allergy
  • Dairy allergy
  • Egg allergy
  • Wheat allergy
  • Shellfish allergy
  • Fruit allergy
  • Cereal allergy
  • Gluten allergy
  • Milk allergy
  • Nut allergy
  • Seafood allergy
  • Mustard allergy
  • Soy allergy
  • Sulphur dioxide

Legal Expert can support claims for any type of allergic reaction if caused by incorrect or inadequate food labelling or advice. Speak to our team today, to find out whether you can claim.

Rates Of Common Food Allergies

Here are some statistics from Allergy UK:

  • For the 20-year period up to 2012, the number of hospitalisations caused by anaphylaxis increased by 615%.
  • Over 20% of the UK are affected by one or more allergy (not just food allergies).
  • Around 44% of adults in the UK suffer from an allergy and around half of those suffer from 2 or more (not just food allergies).

Do Staff Have To Follow Your Food Allergy Request?

In some food outlets, you may be able to ask for items to be removed from your purchase. For instance, you might request:

  • No Oats
  • No Eggs
  • No Cheese
  • No Milk
  • No Nuts
  • No Wheat
  • No Fish

In cases where food isn’t prepared locally, staff might explain that your choice is not a viable option and you’ll need to select another item. If they do agree to prepare food to your requirements though, but you suffer from an allergic reaction because the order wasn’t fulfilled correctly, you could have grounds to claim provided you can supply clear evidence of the restaurant’s failings. Please give as much information to one of our specialists to check your eligibility to begin a claim when you get in touch.

How Negligence May Lead To People Being Exposed To An Allergen

As you’d expect, large chains of food outlets spend a lot of time and money training their staff on food safety regulations. They do this to protect customers and so that they meet their obligations under UK law. Even though they put in a lot of work, negligence can still happen because of mistakes by individual members of staff.

Therefore, you might want to claim for an allergic reaction after eating in a West Cornwall Pasty Co. caused by:

  • Staff failing to display the correct allergen guidance in a prominent position.
  • Being given incorrect advice about the presence of allergens when you asked a member of staff.
  • If the incorrect ingredients have been used in your food, meaning an allergen that wasn’t advertised is included.
  • Staff failed to adhere to safety training meaning that cross-contamination of your product occurred.

If you suspect that any of the above was the reason you suffered an allergic reaction, please let us know. Our advisors will review your case for you and let you know whether a claim might be possible.

Do Restaurants Have To Provide Allergen Information?

As we’ve discussed throughout this guide, there are laws in place that mean allergens in food must be clearly indicated by food businesses.

For takeaway or pre-packed food, the allergen must be clearly indicated on the food packaging. That means that it should be underlined, capitalised or written in a different colour to make it stand out. Furthermore, if there’s a chance food might be prepared in a busy kitchen where cross-contamination could occur, the packaging should use ‘may contain’ warnings to highlight the risk to customers.

For restaurants, there are different ways in which an allergen could be highlighted to customers. These include:

  • Listing any allergens next to the meal on a printed menu.
  • Using signage within the restaurant to advise where allergen advice can be found. This must be a prominent sign (possibly in multiple locations). It could be enough for a sign to say, “Please check our website for allergen information” or, “Please ask staff if you suffer from an allergy”.
  • If you ask the staff about allergens, then they should either provide the correct information or point you to where you’ll find the guidance you need.

In each case, if it’s not clear that a product contains an allergen, or might contain one, then a customer could submit a claim if that omission causes an allergic reaction and you can clearly prove the restaurant breached its duty of care.

To support your claim, you could take photographs of the menu, retain the food packaging or provide details of any witnesses who heard conversations where staff gave incorrect advice.

To check whether your claim could be made, let a member of our team know what’s happened and they’ll review your case for free.

Do You Have The Right To Claim If You Did Not Tell Staff About Your Allergy?

Legally, you’re under no obligation to tell staff about your food allergy. The duty of care placed on food establishments means they are obliged to inform you about any allergens used in their foods.

Therefore, while it is obviously a good idea to tell staff that you suffer from an allergy, you could still be able to claim following an allergic reaction because allergen information wasn’t advertised correctly.

West Cornwall Pasty Company Allergen Menu

We’ve listed the food options available at West Cornwall Pasty Co. below. The list was created when we wrote this guide so could be different by the time you read it. Also, some items can change because of recent restrictions due to the COVID-19 pandemic.


  • Bacon Roll
  • Cumberland Sausage Roll
  • Jumbo Bacon Roll
  • Bacon and Cheese Turnover
  • Quorn Sausage Roll
  • Bacon and Cumberland Sausage Roll
  • Big Breakfast Roll
  • Hash Browns
  • Egg Roll
  • Porridge


  • Xl The Beast (1/2 Kilo Traditional Cornish Pasty)
  • Traditional Cornish
  • Steak & Tribute Ale
  • Chicken & Mushroom
  • Cornish Cheese And Spinach
  • Cheese & Onion
  • Steak & Stilton
  • Lamb & Minted Peas
  • Thai Green Vegetable Curry
  • Chicken & Chorizo
  • Spicy Chilli Beef
  • Cheese & Bacon
  • Gluten-Free Traditional Cornish
  • Wheatmeal Vegetables
  • Gluten-Free Cheese & Onion

Hot Drinks

  • Flat White
  • Caramel Latte
  • Cappuccino
  • Vanilla Latte
  • Mocha
  • Latte
  • Espresso
  • Americano
  • English Breakfast Tea
  • Camomile Tea
  • Peppermint Tea
  • Chai Latte
  • Green Tea
  • Hot Chocolate

Bakery & Snacks

  • Croissant
  • Caramel Slice
  • Triple Choc Butter Shortbread
  • Luxury Fruit Flapjack
  • Pain Au Chocolat
  • Scones
  • Muffins
  • Lemon Drizzle Cake
  • Carrot Cake
  • Sticky Toffee Shortie
  • Cookies & Cream
  • Salt & Vinegar Cornish Crisps
  • Ready Salted Cornish Crisps
  • Sea Salt Mixed Nuts
  • Dry Roasted Peanuts
  • Olives
  • Sweet & Salty Popcorn
  • Belgian Chocolate Brownie
  • Millionaire’s Shortbread
  • Golden Syrup Flapjack

Compensation Calculator For An Allergic Reaction After Eating At A West Cornwall Pasty Co.

This following table shows compensation amounts taken from a legal resource called the Judicial College Guidelines. We’ve provided these instead of a compensation calculator as we know each claim is unique. Therefore, please use these figures as guidance and then speak to a member of our team to find out a more accurate figure relating to your suffering.

Illness Type Valuation Bracket Details
Severe allergic reaction £36,060 to £49,270 This compensation category is for a severe allergic reaction which results in hospital admission. There will probably be significant long-term suffering including an impact on the ability to work.
Serious allergic reaction £8,950 to £18,020 This compensation category is for a short-lived but significant allergic reaction. It’s likely that suffer will last for some time. Longer-term suffering might result in a payment towards the top of the bracket.
Moderate allergic reaction £3,710 to £8,950 This compensation category is for an allergic reaction which might require a stay in the hospital. It might take a year so for full recovery but the main symptoms will last for a week or two.
Minor allergic reaction From around £860 to £3,710 This compensation category is for a minor allergic reaction that lasts for a few days.

To try and prove the seriousness of your suffering, your solicitor will arrange a local medical assessment for you. The specialist will review your case, ask questions and then produce a report which will be used to support your case. The details they’ll include are:

  • A list of symptoms suffered.
  • What impact they had on you.
  • Whether any of your symptoms will continue long-term.

For more advice on payouts in personal injury claims, get in touch.

What Other Costs Could You Be Compensated For?

When you make an allergic reaction claim, your solicitor is able to claim for two main heads of loss: general and special damages. The table we displayed in the previous section covered general damages payments used to compensate you for the pain and suffering endured because of your allergic reaction.

On top of that, you’re able to claim special damages which aim to compensate you for any financial costs incurred because of your reaction. For instance, you could claim for care costs, medical expenses, lost income and travel-related costs.

To help support your claim, please try and keep hold of any receipts, bills or bank statements that evidence the losses. Without them, you may not be able to recover these costs.

How Do You Make A Damages Claim?

Hopefully, this guide has demonstrated that Legal Expert can help you make a compensation claim for an allergic reaction after eating in a West Cornwall Pasty Co. outlet. Should you need it, here is some more information about our service:

  • Our team provides free advice on claiming even if you don’t make a claim.
  • We’ve got plenty of excellent feedback from previous clients who’ve been happy with our service.
  • Our team of specialist solicitors have helped with claims for over 30-years.
  • Should your claim be taken on, there will be regular updates regarding any progress.
  • Your solicitor will be able to answer any queries that crop up during the claim.
  • The main goal for your solicitor will be to try and achieve the highest amount of compensation possible for your suffering.

If you’d like to know any more or would like to begin your claim, please use the number at the top of the screen to get in touch.

No Win No Fee Damages Claims For An Allergic Reaction After Eating At A West Cornwall Pasty Co.

One of the first things you’ll think about when considering asking for compensation is how much you’ll need to pay a solicitor. That’s not surprising but we do know that it worries a lot of potential claimants. To alleviate that concern, and to reduce the amount of financial risks involved, our solicitors conduct claims on a No Win No Fee basis when they take them on.

To make sure there’s a chance of winning the case, the solicitor will run through it with you. If they agree to work with you, and you decide to proceed, you’ll receive a Conditional Fee Agreement (CFA) to sign. This is the No Win No Fee agreement that’ll be used to fund the claim for your allergic reaction.

So how will you benefit from using a CFA? Well:

  • There is no upfront charge made. That allows your lawyer to start work right away.
  • While the claim is ongoing, you won’t be asked to fund any of your solicitor’s fees.
  • Should the claim be lost, you will not have to cover any of your solicitor’s fees.

Where a solicitor goes on to win your claim, their work and costs will be covered by a ‘success fee’. This is a small part of your compensation that they’ll retain. You don’t need to be too concerned though as these types of fees are legally capped. Furthermore, you’ll know the exact percentage you’ll pay as it’s listed in the CFA at the start of your case.

Our advisors will explain if you can use a No Win No Fee agreement once your claim has been reviewed.

Contact Our Helpline Today

You’ve reached the last part of our guide about claiming for an allergic reaction to West Cornwall Pasty Co. ingredients. Legal Expert can help you claim if that’s what you’ve decided to do. If you would like us to advise you on your claim, please use any of the following methods to get in touch:

    • Telephone a specialist advisor on 0800 073 8804 to benefit from their free advice.
    • Use our live chat option to explain what happened to a member of our online team.
    • Ask us to contact you at a suitable time by completing our claims form.
    • Send us details of your claim in an email to

You can reach out to us 24-hours a day. Our team will begin by listening to what happened and looking at any of the evidence you have so far. If they believe your case could lead to compensation, you’ll be put through to one of our specialist personal injury solicitors. Remember, to reduce how stressful your claim is, they’ll provide a No Win No Fee service if your claim is taken on.

Additional Resources

You’ve now completed this article regarding claims for an allergic reaction after eating at a West Cornwall Pasty Co. outlet. We’ve tried to provide everything you need to help you decide whether you’ve got a valid claim or not. To finish, we’ve linked to some additional guides along with some external links which could prove useful.

Gluten Intolerance Claims – This claims guide aims to provide information about claiming after suffering because of gluten intolerance.

Restaurant Claims – A more generalised look at suing a restaurant for an allergic reaction.

Pharmacy Claims – Information on pharmacy errors could lead to an allergic reaction and other forms of suffering.

NHS 111 Service – This service from the NHS can help if you’re not sure what to do in an urgent medical situation.

Living With Allergies – An Allergy UK guide with tips for all the family when living with an allergy sufferer.

Food Packaging Rules – Government advice on what must be shown on food labelling.


Guide by Hambridge

Edited by Billing

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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