Introduction to Fire Safety Management

Once the court has established negligence on behalf of
the defendant, it may then be argued that the claimant
displayed contributory negligence. In other words that
the loss was wholly or partly as a result of the claimant’s
own unreasonable behaviour.
Limitations Act 1980 applies
This Act of Parliament gives a specifi c time period during
which claims can be made in the civil courts. For
personal injury cases, this period equates to three years
from the date of the unreasonable acts which caused
them, or for industrial diseases three years from the date
of diagnosis. Any claims submitted outside this deadline
are not accepted by the civil courts.
1.5 The legal and fi nancial
consequences of failure to
manage fi re and health and safety
1.5.1 Legal
The legal consequences of failing to manage safety
effectively are divided into two key areas, namely, civil
and criminal breaches, which we will now discuss.
Civil court system
The civil court system comprises the County Court and
High Court. Given that civil law is to provide compensation
for loss, the county court deals with minor compensation
claims of up to £50 000. This system is also
supported by the small claims court for claims for compensation
less than £5000.
For claims in excess of £50 000 the High Court is
used; however, should appeals be heard in relation to
awards then these will be heard by the Court of Appeal.
There is also the potential that an appeal can be routed
as far as the European Courts (European Court of Justice
and European Court of Human Rights) via the House of
Lords.
Criminal court system
The majority of cases in relation to breaches of safety
legislation will be heard initially in the magistrates’
courts. The magistrates’ court can only fi ne up to
£20 000 (summary conviction) for employers who breach
the law and £5000 for employees who breach the law. It
is also possible for the magistrate to sentence persons
for a term of up to six months in jail.
Where death has occurred and for serious health
and safety cases the magistrates’ court will defer to the
Fire safety foundations
Figure 1.23 Law and fi re and safety management
Crown Court where sentences are less restrictive. As
can be seen from Table 1.3 the indictable cases (heard
within the Crown Court) can lead to up to two years’
imprisonment.
Appeals in relation to criminal law take the same
route as those for civil law via Courts of Appeal, the
House of Lords and European Courts.
In addition to the criminal and civil courts there is
a further court system dealing with employment law.
However, the role of this system has been extended to
incorporate appeals against safety enforcement notices
and disputes between safety representatives and
employers.
The employment tribunal is supported by an appeals
system which is ultimately routed through the same
channels as both criminal and civil appeals.
Enforcement arrangements
The HSE and local authorities (county, district and unitary
councils) are the enforcing authorities for health
and safety standards. Building Regulations are enforced
by local authorities. Local fi re and rescue authorities
enforce virtually all matters in relation to fi re safety in
the UK.
The Environment Agency (Scottish Environmental
Protection Agency) are responsible for both authorising
and regulating emissions for industry as a whole and are
also responsible for enforcing and providing guidance in
relation to any form of environmental pollution.
Enforcers options
Regardless of the enforcement authority, e.g. HSE, local
authority or fi re authority, enforcers have a variety of
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