Category: Case Law

R v Takhar

The most recent case of R v Takhar, a case where a 61 year old Defendant had pleaded guilty to multiple breaches of the FSO, had received concurrent sentences (served at the same time – ie 6 months in total) of 6 months...

Read More

R v Mirza (2012)

In the case of R v Mirza (2012), the Court did find that a suspended custodial sentence, with an unpaid work requirement of 200 hours, was manifestly excessive, given the offender’s circumstances. The community service aspect of...

Read More

R v O’Rourke (2011)

The case of R v O’Rourke (2011) involved an appeal against an 8 month prison sentence for failing to make a suitable and sufficient Fire Risk Assessment where Mr O’Rourke, who had no fire safety qualifications had carried out a...

Read More

R v Draper

This was then followed by the very surprising case of R v Draper in October 2011. Again the principles set out in Howe were applied after the Landlord of a house, divided into occupied flats, had failed to comply with Articles 8...

Read More

R v ESB Hotels Ltd

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...

Read More

R v S Howe & Son

The case of R v S Howe & Son (Engineers) Ltd is the leading case considered by the Courts when approaching sentence in fire safety matters. The case of Howe is not a fire safety case and its judgment was delivered in 1999...

Read More

Warren Spencer

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