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280 Customers Reach Next Stage In Legal Action As Toby Carvery Owner Admits Breach Of Duty

Expert Public Health Lawyers Secure Admission Of Breach Of Duty From Owners Mitchells & Butlers Retail Limited


Almost 300 people who instructed expert Public Health lawyers at Irwin Mitchell after falling ill at a Toby Carvery restaurant in Exeter have reached the next stage of their legal battle after Mitchells & Butlers Retail Limited admitted breach of duty to the group.


This means that they will pay compensation to all of Irwin Mitchell’s clients who can establish that their illness and other related losses were caused through the breach of duty.


A total of 280 people instructed the specialist Public Health department at Irwin Mitchell to investigate the cause of an illness outbreak over the Easter period in April 2015 during which the restaurant was closed on more than one occasion for deep cleaning.


Irwin Mitchell has now secured the admission from the company which means that the victims are now one step closer to receiving fair settlements for the illness they suffered, which left many unable to work for a number of days and ruined other customers’ holidays in the area.


Amandeep Dhillon, an expert Public Health Lawyer at Irwin Mitchell leading the case who has dealt with cases such as the Newcastle Spice Festival outbreak in 2013 and the fatal Stoke Legionnaires outbreak in the summer of 2012, said:


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“Illness outbreaks of this scale in the UK are obviously a real concern as they become more prevalent and we were approached by almost 300 people who fell ill after visiting the Exeter Arms during a short period of time.

“We are pleased that Mitchells & Butlers Retail Limited have admitted a breach of duty in this case and we are working with our clients to gather the necessary evidence to prove that they fell ill after visiting the pub.

“We also hope that by taking legal action important lessons will be learned when it comes to dealing with outbreaks of illness in premises like this, where large numbers of people come together.

“In this instance the pub was closed after illness was reported to the management but continued to trade over the Easter weekend after closing for one day. However, further people fell ill after the pub reopened and it was closed once again for a specialist clean, along with the adjoining hotel.

“Through our work we know just how debilitating gastric illness can be and the significant impact it can have on the day-to-day lives of victims, as well as the long term effects which more vulnerable people can sometimes face.”
Amandeep Dhillon, Partner


John Williams, 68, from Bangor, Wales was staying at the Exeter Arms on holiday when he fell ill with diarrhoea and sickness. The symptoms he suffered lasted three weeks and ruined his holiday in the region.


He said: “The symptoms I suffered were absolutely horrendous and stayed with me long after I left Exeter and returned home to Wales. It really did take its toll on me.


“I don’t think enough was done to control the outbreak at the pub and the hotel and I hope that the management has learned lessons from what happened last year so this never happens again.


“The Exeter Arms failed to inform me before travelling to the restaurant and hotel that there were problems with illness. My holiday was absolutely ruined and I want to know why more wasn’t done to control the outbreak.”


Another person affected by the illness outbreak after eating at the Exeter Arms was David Amor, 55, from Ilminster, Somerset. He was on holiday at the time and suffered symptoms for five days, which completely ruined his time off work.


David Amor said: “I was off work around the time of the Easter weekend last year and I visited the Exeter Arms with my wife and son. Shortly afterwards I began to suffer terrible symptoms and was shocked when I read reports that hundreds of people had been affected.


“Hopefully things are now in place to prevent this kind of thing happening again as the last thing you expect when visiting a restaurant in the UK is to be struck down with illness.”

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