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Authorised and Regulated by the Solicitors Regulation Authority SRA No. 561099

Murria Solicitors is the trading name of Murria Solicitors Limited.

Company Registration Number: 07515842

Caterer Liable for Death of Wedding Guest - Egg Allergy Update

Jan 22 2010

A caterer who served a dessert containing egg that killed a man with a rare allergy at a Sikh wedding, has lost his appeal against a Court Order that he pay compensation to the widow.

The case was brought by Mr Kuldip Singh Bhamra’s widow, Mrs Amarjit Kaur Bhamra, against the caterer, Mr Prem Dutt Dubb t/a Lucky Caterers of Ilford, London.

Three Judges, sitting in the Court of Appeal, have delivered a Judgment relating to the death of Mr Kuldip Singh Bhamra.

On 24 August 2003 Mr Kuldip Singh Bhamra attended a wedding at a Sikh Temple at which Mr Dubb was the caterer. Among the dishes served was Ras Malai, some of which was eaten by Mr Kuldip Singh Bhamra. Mr Bhamra was allergic to eggs and shortly after eating the Ras Malai he became ill as a result of an anaphylactic reaction.
He was taken to hospital, but did not regain consciousness and died three days later on 27 August 2003. As a result, his widow, Mrs Amarjit Kaur Bhamra, brought a claim against Mr Dubb for serving food that contained egg. The case was heard at Oxford County Court. The Judge found that Mr Dubb had been negligent and ordered him to pay Mrs Bhamra compensation.

Mr Dubb appealed against the Judge’s decision. In a Judgment handed down on 20 January 2010, the Appeal Court Judges upheld the Judge’s finding that Mr Dubb had been negligent and dismissed his appeal.

The Sikh religion forbids the consumption of meat, fish and eggs.

Mr Kuldip Singh Bhamra knew of his allergy to egg but believed he was safe eating the wedding meal because the wedding banquet was held at a Sikh Temple.

Mr Kuldip Singh Bhamra died at the age of 43 leaving a widow and two young children. His widow, Mrs Amarjit Kaur Bhamra, said “Two Courts have found that my husband died as a result of eating egg which was contained in food provided by the caterer, Mr Dubb. I was not with Kuldip at the time. I have been battling to establish the circumstances leading to his death. All I ever wanted to know was the truth of what happened to my husband. I now look forward to putting this matter behind me and moving on.”

Mr Galwinder Singh Kang, Partner and Head of our Claims Team, who acted for Mrs Amarjit Bhamra, said “This was an extremely difficult and sad case where the importance to Mrs Bhamra was to establish the facts surrounding the death of her late husband because she was not with him at the wedding. The case highlights the need for caterers to understand the nature and scope of their duty of care. Allergies need to be understood. Due diligence needs to be exercised. The caterer in this case did not set out to harm anyone but the consequences of his actions have left a wife without a husband and their young children without a father.”

Counsel for Mrs Amarjit Kaur Bhamra was Mr Satinder Hunjan QC of No. 5 Chambers, Birmingham.
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