This question arises out of the following News Analysis: Failure to notify CFA/insurance cover reduces costs by half (Kerins v Heart of England NHS Foundation Trust). There is no requirement to give notice of BTE insurance to the other side. The reason that it took on an importance in this case was that the decision dealt with CFAs and insurance funding under the provisions in place prior to the implementation of the Jackson reforms on 1 April 2013; the second CFA having been entered into on 28 March 2013. The claimant’s solicitors were seeking to recover 100%

Every London borough council, district council or non-metropolitan county council is the ‘food authority’ for the purposes of enforcing the powers and duties under the Food Safety Act 1990 (FSA 1990). By FSA 1990, s 34, an offence under FSA 1990, ss 7, 14 and 15 may only be prosecuted within three years of the commission of the offence or within one year after its discovery by the prosecutor, whichever is earlier. For the meaning of ‘discovery’, see Practice Note: Time limits for commencing criminal proceedings. For further information on food safety prosecutions, see Practice Note: Decision to prosecute for Food Safety Act 1990 offences. Rendering food injurious to health It is an offence to make food to be sold for human consumption that could cause injury to a person's health under FSA 1990. This offence is an either way offence and can be tried in the magistrates' court or Crown Court. Food could be made injurious to health by: • adding any article or substance to food

What are the Food Safety and Hygiene (England) Regulations 2013 The Food Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013), SI 2013/2996 apply in relation to England only and came into force on 31 December 2013. All enforcement action pertaining to food safety and food hygiene is taken under the regulations. The Food Standard Agency (FSA) works with local authorities and Port Health Authorities where problems arise or infringements of the regulations are suspected. The effectiveness of the regulations is also monitored via general feedback from industry and enforcement authorities. FSH(E)R 2013, SI 2013/2996 provides for the execution and enforcement of the following Assimilated EU Regulations: • Assimilated Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety • Assimilated Regulation (EC) No 852/2004 of the European Parliament and of the Council of

This Practice Note considers the law and practice applicable to food advertising to consumers, including: • Regulatory regime overview • General considerations regarding food advertising • Health and nutrition claims • Health claims—specific rules • Nutrition claims—specific rules • Advertising food to children • New TV and online HFSS advertising restrictions • New HFSS promotion and placement rules • Price transparency It focuses on the specific requirements for food advertising (as opposed to advertising in general). For more details on advertising generally, see Practice Note: Advertising law and regulation. It does not consider food labelling requirements, which have their own regulatory regime, other than insofar as they are considered to be advertising by the Advertising Standards Authority (ASA). For information on food labelling, see Practice Note: Food information and food labelling law. This Practice Note refers to assimilated law. Assimilated law is the name given to retained EU law (REUL) which remains in force after the end of 2023. The re-categorisation of REUL (and associated terms) to assimilated law reflects a

The Home Office has announced that following discussions with the government, Deliveroo, Just Eat and Uber Eats have confirmed their intentions to take steps to prevent exploitation of account sharing by their drivers. All three companies have confirmed their intention to roll out new processes which will enable them to check whether substitute drivers have a legal right to work in the UK. Deliveroo has already started this process, beginning right to work checks for substitute drivers as part of the registration process earlier this month.

CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the final decision of 2 June 2025; it is no longer maintained. See further, timeline and commentary Case facts Outline Article 101 TFEU investigation into a cartel in the online food delivery sector (AT.40795). The cartel involved no poach agreements, information exchange and allocating markets. Latest development On 2 June 2025, the Commission issued its infringement decision after both companies admitted their involvement in the cartel. Fines totalling €329m were imposed.Total fines imposed on each party were as follows:• Delivery Hero—€223,285,000 (including a 10% reduction for settlement) • Glovo—€105,732,000 (including a 10% reduction for settlement) Parties • Delivery Hero SE (Delivery Hero): Delivery Hero, a German-based company, is active in the food delivery business. It is currently present in more than 70 countries worldwide, of which 16 are situated in the EEA. It partners with hundreds of thousands of restaurants. Delivery Hero is listed on the Frankfurt Stock Exchange. • Glovo

What is a remedial action notice? A remedial action notice is used by enforcement authorities such as the Food Standards Agency (FSA) or a local authority, where there has been a breach of the Food Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013), SI 2013/2996 or where an inspection under FSH(E)R 2013, SI 2013/2996 is being hampered. The effect of such a notice is to: • prohibit the use of any equipment or any part of the establishment specified in the notice • impose conditions upon or prohibit the carrying out of any process, or • require the rate of operation to be reduced to such an extent as specified in the notice, or stopped completely Failure to comply with a remedial action notice is a criminal offence, see Practice Note: Criminal offences under the Food Hygiene (England) Regulations 2013. Form of remedial action notice The Food Law Practice Guidance contains a link to the FSA’s communications platform where a template remedial action notice can be

This Checklist summarises the key issues which need to be considered when a remedial action or a detention notice is served under the Food Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013), SI 2013/2996. It should be read in conjunction with Practice Note: Food hygiene remedial action and detention notices. • Is the officer an 'authorised officer' for the purposes of serving a remedial action notice or a detention notice? ◦ an authorised officer is a person who is authorised in writing by the enforcement authority to act in matters arising under the FSH(E)R 2013, SI 2013/2996 • Is the establishment subject to approval? ◦ by virtue of Assimilated Regulation (EC) 853/2004 an establishment must be approved for the

Assimilated Regulation (EU) No 1169/2011 on the provision of food information to consumers (Assimilated FIC) contains the general principles, requirements and responsibilities governing food information, and in particular food labelling, in the UK. In the EU, Assimilated FIC also applies. See Practice Note: Introduction to EU food law. Assimilated FIC applies to all pre-packed food, non-prepacked food, food packed on premises for direct sale and that provided by mass caterers. There are differing requirements for the different food categories and for those at the various stages of the supply chain. Assimilated FIC came into force across the EU on 13 December 2011 when the UK was still part of the EU. As the UK is no longer a Member State, it is open to amend and develop Assimilated FIC as it sees fit. The Food Information Regulations 2014 (FIR 2014), SI 2014/1855 contain the national enforcement provisions for England and some of the permitted national measures. The other three UK nations have equivalent

 The EU has established a comprehensive legal framework to ensure that consumers receive accurate, clear, and consistent information about the food they purchase in the EU. Regulation (EU) 1169/2011 on the provision of food information to consumers (FIC) contains the general principles, requirements and responsibilities governing food information, and in particular food labelling, in the EU. This Practice Note outlines the requirements imposed on food business operators (FBOs) under FIC. It explains the relevant legislation which dictates the content and presentation of food labelling in the EU, the different responsibilities imposed in the food supply chain, as well as the potential revision of the FIC. For more information on the rules applicable to food information and food labelling in the UK, see Practice Note: Food information and food labelling law. Key information FIC Title Regulation (EU) 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers Amending —Regulation (EC) 1924/2006—Regulation (EC) 1925/2006 Repealing —Commission Directive 87/250/EEC—Council

Assimilated Regulation (EU) No 1169/2011 on the provision of food information to consumers (Assimilated FIC) contains the general principles, requirements and responsibilities governing food information, and in particular food labelling, in the UK. The Food Information Regulations 2014 (FIR 2014), SI 2014/1855 contain the national enforcement provisions for England. For information on the requirements imposed on food business operators under these regulations, see Practice Note: Food information and food labelling law. Offences under the Food Information Regulations Under FIR 2014, SI 2014/1855, reg 10 it is an offence to fail to comply with certain provisions of Assimilated FIC Regulation (EU) No 1169/2011 and FIR 2014, SI 2014/1855. No mens rea is prescribed for the offence and it is therefore a strict liability offence. The reg 10 offence exists in parallel with the power of food authorities to enforce FIR 2014, SI 2014/1855. General FIC provisions relevant to the reg 10 offence FIR 2014, SI 2014/1855, reg 10 refers to a number of general provisions in Assimilated FIC Regulation

This Practice Note explains the offences and enforcement regime under the Food (Promotion and Placement) (England) Regulations 2021, SI 2021/1368. It covers restrictions on volume price promotions, free drink refills, in-store placement and online promotion and placement of specified less healthy food, together with improvement notices, criminal enforcement and fixed monetary penalties. It also identifies overlapping food-information and consumer-protection regimes. Food promotion and placement in England Food promotion and placement in England is regulated through overlapping food-specific consumer protection and advertising regimes. The principal regime is the Food (Promotion and Placement) (England) Regulations 2021 (FPPR (England) 2021), SI 2021/1368, which restrict the promotion of high fat, sugar and salt (HFSS) products by location and volume price in medium and large businesses that sell food or drink. Section 15 of the Food Safety Act 1990 (FSA 1990) requires that food must be labelled, advertised and presented in a way that is not false or misleading to consumers or other businesses. The Food Information Regulations 2014 (FIR 2014), SI 2014/1855, contain the national enforcement provisions for the Assimilated