Last Updated 8th July 2025. Having an allergic reaction to fish and chips can be very unpleasant. You may suffer a variety of symptoms that can range from mild discomfort to potentially life-threatening anaphylactic shock. But what happens if you have an allergic reaction after eating fish and chips due to a restaurant or takeaway’s negligent actions?
This guide offers a wealth of information and advice on your options for claiming compensation. For instance, if you had a reaction due to the staff ignoring your request to leave an ingredient out of the meal or providing you with inaccurate allergen information.
In the sections that follow, you’ll find information about allergic reactions and why they happen, common types of allergic reactions and how food providers should act towards those with food allergies. We’ll also offer insight into how to start a claim with a Legal Expert personal injury solicitor.
We hope you find the information in this guide useful, but if you’d prefer case-specific advice or would like us to assess your case to see if you could be eligible for compensation, please don’t hesitate to get in touch today:
- Call on 0800 073 8804.
- Send a message to the live chat window.
- Fill out our online ‘contact us’ form.
Select A Section
- What Is An Allergic Reaction To Fish And Chips?
- What Ingredients Most Commonly Trigger Allergic Reactions?
- Legal Protections For Takeaway And Restaurant Customers
- Should I Tell The Takeaway I Am Allergic To Something?
- How Much Compensation Could I Receive For An Allergic Reaction At A Takeaway Or Restaurant?
- Time Limits For Fish And Chip Allergy Claims
- No Win No Fee Claims For An Allergic Reaction After Eating Fish And Chips
- Contact Us
- Useful Information For Allergy Claimants
What Is An Allergic Reaction To Fish And Chips?
Numerous symptoms can occur when experiencing an allergic reaction, and they may present either immediately or some time after consuming the fish and chips. Reactions could be broken down into 2 main types.
Non-IgE-mediated food allergy symptoms could develop over time, and you may not realise they were caused by the food you’ve consumed at first. You may experience a rash, dry, red, or cracked skin, as well as constipation, cramps, or vomiting.
IgE-mediated food allergy symptoms tend to come on more quickly, and you may experience one or more of the following:
- Dizziness
- Trouble swallowing
- Hives
- Throat, mouth, facial or bodily swelling
- Wheezing
- Nausea
- Itchy tingling in the mouth
- Hay-fever symptoms
In some cases, you may experience mixed IgE and non-IgE-mediated food allergy symptoms together. Treatment would depend on the reaction you’d suffered and its severity, and while over-the-counter antihistamines may be appropriate for some reactions, others may require hospital treatment.
What Is An Anaphylactic Allergic Reaction?
The most serious type of allergic reaction is anaphylaxis. This is a life-threatening reaction that will require emergency medical treatment. Anaphylaxis symptoms could include:
- Vomiting
- Mouth swelling
- Hives
- Fainting
- Dizziness
- Difficulty breathing
- Collapse
- A tight, constricted throat
- A fast heartbeat
If you know you have a severe white fish allergy, nut allergy or any other allergy that causes extreme symptoms, you may have been given an epi-pen or an autoinjector so that if you have a severe reaction, you can get treatment as quickly as possible.
What Is A Shellfish Or Mollusc Allergy?
While you might assume that an allergic reaction after eating fish and chips would mean you had a cod allergy, it could actually be because you have a shellfish or mollusc allergy instead. People who react to shellfish aren’t always allergic to all fish, but some people are asked by their doctors to avoid all fish in case their fish contains proteins also found in shellfish.
Shellfish are grouped into 4 main categories:
- Crustaceans – these include prawns, lobster, crayfish and shrimps
- Molluscs (Bivalves) – these include mussels, clams, scallops and oysters
- Molluscs (Gastropods) – these include snails, periwinkles and limpets
- Molluscs (Cephalopods) – these include octopus, squid and cuttlefish
If you react to one type of shellfish, you may react to others in the same category, so you would usually be asked to avoid that group entirely. If you’re not sure whether you have an allergy to all shellfish or just crustaceans, you might wish to go for allergy testing, but the safest option would probably be to avoid all shellfish.
What Ingredients Most Commonly Trigger Allergic Reactions?
There are a variety of foods that could trigger an allergic reaction. Some common allergens could include:
- Sulphites/Sulphur dioxide
- Soy oil
- Soybeans
- Shellfish
- Sesame
- Prawns
- Peanuts
- Nuts
- Nut oil (such as peanut oil)
- Mustard
- Molluscs
- Milk products
- Lupin
- Lactose
- Ghee
- Fish
- Eggs
- Dairy products
- Crustacea
- Cereals with gluten or wheat in
- Celery
If you’re not sure whether you have a fish intolerance or allergy, it might be wise to speak to your doctor about your options for allergy testing. This way, you could figure out what foods would be safe for you to eat and what you should avoid.
Legal Protections For Takeaway And Restaurant Customers
Takeaway and restaurant customers have certain legal protections when it comes to food allergies. Laws that relate to allergens in foods include:
- The Food Safety Act 1990 (Section 14) – Concerns the sale of foods that are not of the nature, quality or substance the customer requires.
- The Food Safety Act 1990 (Section 15) – Covers the false presentation/description of foods.
- EC Regulation 178/2002 Article 14 – Relating to unsafe food that injures a person’s health.
- EC Regulation 178/2002 Article 28 – Relating to the traceability of food.
All food vendors, including those who sell fish and chips, must also comply with the Food Standards Act 1990 and other legislation. The 1990 act provides the framework for food legislation in England, Scotland, and Wales, and establishes several responsibilities that businesses like takeaways must uphold.
What Chip Shop Allergy Information Should Be Provided?
According to food laws, if a meal contains certain allergens, their presence must be communicated to customers. This can be done in different ways, depending on how the foods have been sold.
- Pre-packaged food items must have an ingredient list that clearly highlights allergens. This could be achieved by using a different font style, such as a bold or italic, or colour.
- Loose foods should have their allergens communicated to you in some way by the seller.
- Foods from takeaways and restaurants should have allergens communicated to customers by way of allergen information. This could be on an allergen list, an online menu, over the phone or a physical menu. You should also be able to request allergen information from staff.
Should I Tell The Takeaway I Am Allergic To Something?
It would be well worth telling the takeaway or restaurant of your fish and chips allergy if you suffer from one. That way, the staff could provide you with relevant chip shop allergy information so you could avoid having an allergic reaction to a chip shop meal.
A personal injury solicitor could help you make a claim for an allergic reaction after eating fish and chips if relevant allergy information was not provided to you, either by the staff or on the menu, or other printed materials. This is because a chip shop, like other food service providers, is legally obligated to inform customers in one way or another if any of the dishes they sell contain these main allergens:
- Molluscs and their products
- Lupin and its products
- Sulphites/sulphur dioxide
- Mustard and products thereof
- Eggs and egg products
- Fish and fish products
- Cereals with gluten in
- Crustacean and its products
- Peanuts and their products
- Celery and its products
- Soya beans and their products
- Milk, lactose and their products
- Nuts and their products
- Sesame seeds and their products
If the chip shop’s allergy menu you are given is incorrect or the staff provide you with incorrect information and you suffer an allergic reaction to fish and chips, you may be able to make a claim for compensation.
How Much Compensation Could I Receive For An Allergic Reaction At A Takeaway Or Restaurant?
If you have suffered harm due to an allergic reaction to fish caused by a restaurant or takeaway’s negligence, then you may be eligible to claim personal injury compensation. But you may be wondering how this compensation is calculated, and how much you could receive.
Every successful claimant will receive general damages. This is one of 2 kinds of compensation that you can pursue, encompassing your injuries and the pain and suffering you experience as a result of your allergic reaction.
Solicitors value claims on a case-by-case basis, but they may refer to the Judicial College Guidelines (JCG) when calculating general damages. That is because the document provides guideline compensation brackets for various injuries and illnesses, as you will see below.
Please note that this table should be used for guidance only, and the top figure was not taken from the JCG.
| Kind of injuries | Compensation Bracket |
|---|---|
| Multiple Severe Injuries and Financial Losses (Such As Medical Expenses) | Up to £500,000 plus |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Moderate Brain Damage (i) | £183,190 to £267,340 |
| Paraplegia | £267,340 to £346,890 |
| Short Durations of Paralysis | £60,210 |
| Non-Traumatic Digestive System Injuries (i) | £46,900 to £64,070 |
| Non-Traumatic Digestive System Injuries (ii) | £11,640 to £23,430 |
| Non-Traumatic Digestive System Injuries (iii) | £4,820 to £11,640 |
| Non-Traumatic Digestive System Injuries (iv) | £1,110 to £4,820 |
You may also be entitled to special damages. This second head of claim aims to address the ways your allergic reaction has affected your finances. For example, if you were in the hospital and lost earnings as a result, you may be able to claim these back under special damages. This heading could also potentially cover the cost of:
- Medications and prescriptions
- Travel expenses
- Childcare
- Domestic help
However, in order to claim under this heading, you must be able to provide proof of your losses, such as bank statements and invoices.
If you would like to know more about compensation for harm caused by being allergic to fish, contact our team of friendly advisors today.
Time Limits For Fish And Chip Allergy Claims
The time limit to start a fish and chip allergic reaction compensation claim is typically 3 years. This generally begins on the date you suffered from the reaction.
This time limit is in place under the Limitation Act 1980 and applies to most personal injury claims. However, it recognises the fact that not all people will have the ability to claim within this time frame. As such, there are exceptions to this rule where the time limit may be paused if:
- The claimant is a minor, as anyone under the age of 18 cannot initiate a claim on their own behalf. Therefore, the 3-year time limit begins when they turn 18 and ends on their 21st birthday.
- The claimant lacks mental capacity and therefore cannot claim by themselves. As such, the time limit is indefinitely paused unless they regain mental capacity. In such a case, the 3-year time limit will begin to run from the date of that recovery.
If the fish and chip allergic reaction claims time limit is paused, a litigation friend can step in to help someone from one of the above groups pursue compensation. This role may be filled by any suitable adult who will be expected to make legal decisions in the claimant’s best interests.
If you are unsure about the timeframe for starting a claim for an allergic reaction after eating fish and chips, please contact our advisors for guidance. They’re here 24/7 and can answer any queries you might have about claiming after experiencing an allergic reaction from a fish and chip shop’s dishes.
No Win No Fee Claims For An Allergic Reaction After Eating Fish And Chips
Making a compensation claim without the help of a personal injury solicitor can be daunting, but you may have concerns about the affordability of hiring a legal representative. However, making a No Win No Fee claim can help here.
Our No Win No Fee solicitors offer a specific kind of contract called a Conditional Fee Agreement. No matter what financial position you’re in, CFAs allow you to utilise the services of one of our legal professionals without having to pay them a solicitor’s fee upfront or as a case progresses. If your claim loses, you won’t be charged any solicitor fees at all.
In the event you win, you’d pay your solicitor a success fee for the work done on your case, deducted from the compensation you receive. However, the fee is kept small as the maximum percentage that can be taken is capped by law.
Contact Us
Whether you’re interested in beginning a claim or you’d like to ask us questions about your case, we’re here to help. Our advisors can even provide you with a free assessment of your case to see if you could be eligible to claim compensation. To reach our team, please use the details below:
- Call on 0800 073 8804.
- Send a message to the live chat window.
- Fill out our online ‘contact us’ form.
Useful Information For Allergy Claimants
You can also check out some of our other guides:
- Find out how to sue a restaurant for an allergic reaction.
- Further advice on allergic reaction claims.
- See if you can make a claim after an allergic reaction to nuts.
The following resources may be of help:
- Check patient information on fish allergies from West Suffolk NHS Trust.
- The NHS has information on food allergies.
- Government overview of allergy training for food businesses.
We want to thank you for taking the time to read this guide on claiming compensation following an allergic reaction after eating fish and chips.
