Information & Resources
Chambers have acted in high-profile defence and prosecutions under the Regulatory Reform (Fire Safety) Order 2005, including:
- Cases involving fatalities in a multi-occupancy dwelling
- Fatalities in a hospice
- A case involving the prosecution of a large chain of nightclubs for over-crowding
- Defending a company director prosecuted for a fire caused by a business tenant’s negligence
- Defending and prosecuting in arson cases
- The prosecution of a major oil company following a large oil leak in East London
- Cases involving fires at businesses, including care homes and hotels
The Fire Law Team has written articles in relation to fire law in the legal and national press.
Our Team regularly represents clients in the Crown Court and Court of Appeal.
- R v J (2019) - Defended Company and Director charged with serious breaches of FSO after fire at premises, successfully avoided criminal liability for the Company Director.
- KFRS v M.M. (2019) - Croydon Crown Court Represented Kent Fire and Rescue Service in a prosecution involving six counts of failing to comply with a prohibition notice, contrary to Article 32(2)(h) of the Regulatory Reform (Fire Safety) Order 2005
- R v. St. H (2017) - Instructed to prosecute in relation to a fire in a hospice which resulted in the deaths of residents.
- R v S (2016) - A prosecution following a fire at a care home in which a resident was trapped relating to a corporate failure to put in place fire safety precautions.
- R v K (2015) - Successful prosecution of hotelier. Sentenced to a 9-month suspended prison sentence, £50,000 fine and ordered to pay £15,000 in costs. Press Link: Yorkshire Post.
- R v F (2013) - Led a prosecution team in respect of breach of fire regulations which caused the deaths of 2 jockeys in a North Yorkshire fire. The sentence of the defendant is now an authority on sentencing in this area of law.
What is Fire Safety?
The Regulatory Reform (Fire Safety) Order 2005 introduced profound change to the way businesses must approach fire safety for their employees and those who visit their premises.
Companies, company directors and partners in businesses can be personally liable for fire safety breaches and face prosecution in the criminal courts. Breaches can result in significant fines as well as serious damage to a defendant’s reputation whether it is a company or a directing mind of the organisation.
Our barristers are able to offer expert guidance, advice and representation in respect of:
- Prosecutions by the Fire & Rescue Services
- Strategic planning to mitigate the risk of breaches
- Fire safety enforcement notices
- The implementation and maintenance of a fire management plan
- Training on fire law
Downloadable materials below.
- Article: Legal Lessons - April 2021 - Sailesh Mehta (120 downloads)
- Enforcing Authorities and 'Responsible Persons' (85 downloads)
- Domestic Fire Safety (Wales) Measure 2011 (81 downloads)
- A short guide to making your premises safe from fire (81 downloads)
- The Regulatory Reform (Fire Safety) Order 2005 (86 downloads)
- Fire and Rescue Services Act 2004 (74 downloads)
- Fire Safety and Safety of Places of Sport Act 1987 (107 downloads)
- Fire Services Act 1947 (77 downloads)