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Television football presenter Jim Rosenthal is hoping to secure food poisoning compensation from liability insurers for celebrity chef Heston Blumenthal's Berkshire Fat Duck restaurant.
Already, the judge hearing the food poisoning compensation claim has commented, "Mr Rosenthal contracted for a meal and the experience of eating at the restaurant and all of these things were provided."
Rosenthal was one of a number of diners who developed gastrointestinal sickness after eating oysters in passion fruit jelly and lavender; an investigation has found that the oysters were contaminated with sewage.
Oxford County Court appeared to quash the presenter's compensation hopes earlier in the week when it ruled that the restaurant should go no further than refunding the value of the oysters.
However, the judge later conceded that he had failed to consider all aspects of the argument presented by Rosenthal's personal injury solicitor.
Any payout of food poisoning compensation will now centre on questions of whether the conditions of the Sale of Goods Act were met.
Rosenthal says the claim is "not about the money but the principle".
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