AN artisan cheese maker has vowed to continue to fight to clear his firm over the E.coli death of a three-year-old girl as his legal bill tops £200,000.
Humphrey Errington, below, founder of Lanarkshire-based Errington Cheese, said he had no choice but to pursue the make or break defence as the latest hearing was shelved amid a legal wrangle, and a fresh date sought.
He said the complexity of the case means it is now likely to take twice as long as the two weeks originally set aside at Lanark Sheriff Court for the hearing against South Lanarkshire Council, which has seized more than seven tonnes of cheese from the firm.
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The Carnwath-based company has had three cheeses from last season - Lanark Blue, Corra Linn and the Dunsyre Blue - impounded by council food safety officers but after the company was linked to the death of the Dunbartonshire girl.
Errington Cheese's Dunsyre Blue was named as the source of the E.coli outbreak in a report in March and led to Scotland's food safety watchdog saying evidence fully justified the decisions it took at the time to protect consumers.
A total of 26 cases of one strain of E.coli O157 were identified in the outbreak, between July and September last year.
Above: New season Lanark Blue
The company has always disputed its unpasteurised Dunsyre Blue was the cause of the outbreak.
At a preliminary hearing at Lanark Sheriff Court the cheese maker's legal team said it had not yet received essential expert reports from the local authority, although the council rejected this as the reason for the delay.
While a Save The Errington Cheeses crowdfunder set up by supporters raised £34,480, the firm said the spiralling costs of the case mean it can't afford to lose any more batches of cheese, with more than £200,000 of produce already seized.
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Mr Errington said that when a new case is scheduled the council will present about six scientists to give evidence as well as about 15 other witnesses.
He said: "Our lawyers have suggested that, with all these people to be heard, the proof may take as long as a month.
"The cost to Errington Cheese hardly bears thinking about.
"Since last August we have already incurred legal costs of around £200,000."
He said: "We believe we have no choice but to defend our cheese since we have a huge stock which, after extensive testing, we believe is perfectly safe to eat.
"We could not possibly afford to throw it all out and start again.
"We have been overwhelmed with the continuing support we have received so far, both financially and in other ways, from members of the public, businesses and other professionals; we are enormously grateful to all those who have helped us, but the battle is not yet won."
Michael McGlynn, South Lanarkshire Council's executive director of community and enterprise, said: “The proof hearing scheduled for June 1 was discharged solely at the request of Erringtonn Cheese Ltd’s counsel, who advised the sheriff that they were not ready for it to take place.
"To be clear - while the council did not oppose this motion, we were ready for the proof hearing to take place as had originally been scheduled.
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“As part of our own preparations for the hearing, the vast majority of productions we will rely on in court have been lodged with the court and have been available to ECL and its legal team for some time.
"These include a number of expert reports and Certificates of Examination and other materials which make clear the case the council will put forward.”
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