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The Gross Negligence
Manslaughter of Paul Wilson
Richard Wright Q.C
Anaphylaxis Campaign Annual Conference
19.9.16
Paul Wilson
The Indian Garden
The Menu
The Order
The Packaging
The Scene
The First Trading Standards Visit
The Second Trading Standards Visit
Sorry – we cannot supply nut free meals
Or can we?
The Chronology
• August 2013 – Zaman cancels order for Almond and switches to Peanut• 3rd January 2014 - Ruby Scott orders a nut free meal from Jaipur Spice and is hospitalised• 4th January 2013 - Ruby Scott’s mother telephones Jaipur Spice• c.4th January 2013 - Zaman asks his supplier if other restaurants are using groundnut• 23rd January 2014 Susan Airton makes a test purchase at Jaipur Spice• 30th January 2014 - Paul Wilson orders fatal meal• 31st January Zaman instructs his supplier to remove groundnut from the restaurant• 31st January 2014 - Police investigation launched• 1st February 2014 - Zaman agrees not to sell ‘nut free’ meals• 1st February 2014 - Further test purchase – further contaminated meal
A Recipe for Disaster
• No clear communication of decision to substitute groundnut foralmond to staff.
• No written recipe sheets
• No labeling of ingredients
• Cross contamination
• No adequate staff training
• No written allergen procedures
• No written kitchen procedures
• Changing and often illegal workforce
The Regulatory Offences
Specific Offences
• Before coming into force of the EU Food Information for Consumers Regulation (13th December 2014) – specific rules about labelling of non- pre-packed food in relation to 14 common allergens.
• Food Safety Act 1990, section 14 – selling food not of the nature or substance or quality demanded.
• Food Safety and Hygiene (England) Regulations 2013, regulation 19(1) – breaching EU Food Safety Regulation.
Evidential issues
• Missing and deceased witnesses
Due diligence
• Proof required of both due diligence and reasonable precautions – London
Borough of Croydon v Pinch A Pound (UK) Ltd [2010] EWHC 3283 (Admin)
• Trading Standards’ 7-point plan
• Procedural matters – specific requirement to state defence – regulation
12(5) Food safety and Hygiene (England) Regulations 2013 and section (5)
Food Safety Act 1990
Sentence
• Definitive Guideline: Health and Safety Offences, Corporate Manslaughter
and Food Safety and Hygiene Offences, in force 1st February 2016
• Cumulative culpability after various warnings
• Prohibition order
Gross Negligence
Manslaughter
The Four-stage Test
• R v Adomako [1995] 1 AC 171
Duty of Care
• Matter of law for the judge to determine: Rv Evans [2010] 1 All ER 13
• No previous criminal case on duty of care in relation to allergies AmarjitKaur Bhamra v Prem Dutt Dubb [2010] EWCA Civ 13
Breach of Duty
• Reliance on regulatory breaches
Causation
Gross Negligence
• Matter of fact for the jury to determine
Lessons to be Learned
• Consider and record changes of ingredients• Communicate changes to staff• Ensure adequate staff training and maintain records• Produce written recipe sheets for all meals and ensure that they are followed• Ensure adequate labeling of ingredients• Put in place measures to eliminate cross contamination• Produce written procedures for ALL aspects of allergen related issues – from
front of house to food preparation and ensure that they are followed• Don’t guess• Don’t offer empty assurances• If in any doubt don’t serve the customer• Monitor and enforce compliance (and record the same)
Park Square BarristersPSQB is the largest multi-disciplinary set on the North Eastern Circuit.
Based in the heart of the legal quarter of Leeds, Park Square Barristers is changing the face of advocacy in the North East. With
the highest standards of advice, representation, mediation and legal training across the fields of civil law, criminal law, regulatory,
public law and family law.
“Delightfully unstuffy and helpful… Always happy to take a call or an email when I need a quick chat. Well-
informed advice and robust representation… They are setting the pace.”
Park Square Barristers offer strength and depth with 2 highly respected joint heads of chambers in Andrew Lewis QC and Richard
Wright QC
124 barristers including 10 silks
With barristers specialising in civil law, criminal law, regulatory & public law and family law along with a specialist mediation team.
One of the largest clerking & support teams on the circuit, able to offer highly responsive and personalised care.
Progressive — We are a commercially minded set. Many of our members have prior careers; we use the latest technology in
every aspect of our work; and we have a strong balance of women and BME members.
A ‘one-stop shop’ — We have outstanding advocates in all disciplines, plus mediation, all under one roof. Our size means we
can cover any hearing at short notice, and can handle cross-over cases, substitutions & return of work in-house.
Helpful & approachable — Solicitor clients are welcome to contact our barristers directly by phone and email. We are
highly skilled with lay clients, children & vulnerable adults.
Strong team players — We share knowledge & ideas within and across teams, providing the highest level of service for clients
and seamless continuity of representation.
Richard Wright Q.C.
“He has a flair for advocacy and is a ferocious examiner. He is a strong choice for heavyweight work.” “He has a very relaxed, calm manner; nothing fazes him.” – Chambers and Partners (2016)
“Applies his intellect and attention to detail’.” — Chambers and Partners (2015)
“Extremely thorough in his approach to preparation.” — The Legal 500 (2014)
Richard is often retained at an early stage in proceedings to advise individuals and companies in regulatory cases. As a result of his keen tactical judgement, Richard has had many notable successes in defeating investigations before they result in charges.
His extensive homicide practice equips him particularly well to deal with cases involving fatalities. He has prosecuted and defended in numerous gross negligence manslaughter cases and cases involving breaches of drivers’ hours regulations resulting in fatal road traffic accidents.
Park Square Barristers
6 Park Square East
Leeds LS1 2LW
T 0113 245 9763
parksquarebarristers.co.uk
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