The Gross Negligence Manslaughter of Paul Wilson Richard Wright Q.C Anaphylaxis Campaign Annual Conference

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Bartholomew Boone
5 years ago
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2 The Gross Negligence Manslaughter of Paul Wilson Richard Wright Q.C Anaphylaxis Campaign Annual Conference

3 Paul Wilson

4 The Indian Garden

5 The Menu

6 The Order

7 The Packaging

8 The Scene

9 The First Trading Standards Visit

10 The Second Trading Standards Visit

11 Sorry we cannot supply nut free meals

12 Or can we?

13 The Chronology August 2013 Zaman cancels order for Almond and switches to Peanut 3 rd January Ruby Scott orders a nut free meal from Jaipur Spice and is hospitalised 4 th January Ruby Scott s mother telephones Jaipur Spice c.4 th January Zaman asks his supplier if other restaurants are using groundnut 23 rd January 2014 Susan Airton makes a test purchase at Jaipur Spice 30 th January Paul Wilson orders fatal meal 31 st January Zaman instructs his supplier to remove groundnut from the restaurant 31 st January Police investigation launched 1 st February Zaman agrees not to sell nut free meals 1 st February Further test purchase further contaminated meal

14 A Recipe for Disaster No clear communication of decision to substitute groundnut for almond 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

15 The Regulatory Offences Specific Offences Before coming into force of the EU Food Information for Consumers Regulation (13 th 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.

16 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

17 Sentence Definitive Guideline: Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences, in force 1 st February 2016 Cumulative culpability after various warnings Prohibition order

18 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 Amarjit Kaur Bhamra v Prem Dutt Dubb [2010] EWCA Civ 13

19 Breach of Duty Reliance on regulatory breaches Causation Gross Negligence Matter of fact for the jury to determine

20 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)

21 Park Square Barristers PSQB 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 when I need a quick chat. Wellinformed 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 . 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.

22 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.

23 Park Square Barristers 6 Park Square East Leeds LS1 2LW T clerks@psqb.co.uk parksquarebarristers.co.uk

26 .

Tim Pole Regulatory & Licensing

Tim Pole Regulatory & Licensing Tim has a wealth of experience in dealing with regulatory offences. He has appeared in a wide range of cases from Health and Safety to Environmental Offences, Planning breaches