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23 March 2012 / Gerard Forlin
Issue: 7506 / Categories: Features , Health & safety , Regulatory
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Too hot to handle?

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The heat is on for organisations & individuals who do not pay heed to fire safety precautions, notes Gerard Forlin QC

The Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541) (2005 Order) came into force on 1 October 2006, replacing regulations made under the Fire Precautions Act 1971 (FPA 1971). This order was made pursuant to the Regulatory Reform Act 2001 (RRA 2001) to be in compliance with the EU directive on fire safety in the workplace and business premises. There have been a series of recent cases where the fines have been gradually ramping up.

First relevant case?

Arguably, the first relevant case fell under the previous legislation. In R v ESB Hotels Ltd [2005] EWCA Crim 132, [2005] All ER (D) 159 (Jan) owners of a hotel pleaded guilty to two counts of contravening the requirements of a Fire Certificate, contrary to s 4 of FPA 1971. Bed mattresses had been stored in various corridors. Investigators found that the hotel staff did not appear to have a complete

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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