The reasoning outlined in the Howe case was followed in R v ESB Hotels Ltd which was also a case prior to the FSO, but which did involve offences contrary to the Fire Precautions Act 1971. In that case the Court of Appeal laid down the principles outlined in Howe and also indicated that it was often helpful to look at how far short of the appropriate standard of fire safety the Defendant fell in failing to meet the required standards of fire safety. The original combined fine of £400,000 was reduced to £250,000 because the Judge should have looked at the net turnover of the business and the effect of the fine on the Defendant’s business.
Warren Spencer
Warren Spencer is one of the country’s leading fire safety lawyers. He has now prosecuted and defended fire safety cases for over 18 years and has also conducted numerous Enforcement and Prohibition Notice Appeals brought under the Fire Safety Order. He is able to offer impartial professional expert legal advice in all aspects of fire safety enforcement.
Warren is a Higher Courts Advocate, an accreditation which enables him to work as an advocate in the Crown Court. Warren has conducted prosecutions and delivered training for 20 Fire & Rescue Services, lectures at Fire Service College at Moreton in Marsh, as well as advising businesses and professionals on various aspects of Fire Safety Law including its effect upon PFI contracts.
Warren is a part-time Tribunal Judge and a 'Legally Qualified Chair' for Police Disciplinary proceedings in the North West. He is also a former Assistant Deputy Coroner for Blackpool and Fylde.
Tel: 01253 629300
Email: info@firesafetylaw.co.uk