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David Bannister  
#1 Posted : 03 October 2011 15:10:03(UTC)
Rank: Super forum user
David Bannister

Of interest to all practitioners who provide fire advice, whether in-house or as a consultant is the Judge's opinion in this case which involved a large fire failing to be extinguished by a wrongly-designed automatic system, employees failure to follow training, expert witness' inability to reach agreement and displaying extreme bias and a massive amount of contributory negligence in failing to act on the results of risk assessment. http://www.info4fire.com...e-of-suppression-system. The link within the article to the full court judgement is worthy of a full read if you have several hours to spare.
son of skywalker  
#2 Posted : 03 October 2011 16:26:26(UTC)
Rank: Forum user
son of skywalker

Hi Stuff4blokes the link didn't work. Son of Skywalker
David Bannister  
#3 Posted : 03 October 2011 16:37:22(UTC)
Rank: Super forum user
David Bannister

Ron Hunter  
#4 Posted : 03 October 2011 16:52:00(UTC)
Rank: Super forum user
Ron Hunter

Oh but this is good stuff - and not just 4blokes! Seriously folks, if you can find the time, do read through the full judgement.
stevie40  
#5 Posted : 03 October 2011 17:02:11(UTC)
Rank: Super forum user
stevie40

ron hunter wrote:
Oh but this is good stuff - and not just 4blokes! Seriously folks, if you can find the time, do read through the full judgement.
Had every intention of doing that this week while away on my travels. Copy pasted into word - over 100 pages. Decided to do my bit for the environment and changed the line spacing / font size. Result now 58 pages. Still a fair bit so "print 2 pages per sheet" - press PRINT. Can I now read it? Not likely. Will now have to dig out a maginifying glass. Thanks Stuff.
boblewis  
#6 Posted : 03 October 2011 18:41:13(UTC)
Rank: Super forum user
boblewis

Heated debate among fire experts made me smile actually. Bob
messyshaw  
#7 Posted : 03 October 2011 20:57:11(UTC)
Rank: Super forum user
messyshaw

"The case also featured conflicting evidence from the various expert witnesses called by both sides, who were unable to agree on many aspects of the fire and whose differences became quite heated during the case" If expert witnesses can't agree on the right FS solution, what chance do us mere mortals have???
RayRapp  
#8 Posted : 03 October 2011 22:19:02(UTC)
Rank: Super forum user
RayRapp

Good point by Messy, we have often seen topics on this forum which have produced polarised views on sometimes relatively basic health and safety questions. What also concerns me is we often have to wear several hats within our core role and fire safety has for many become an add on without proper training. At the time a FRA may seem a fairly simple task but when something goes awry and with the benefit of hindsight bias it could be quite damning. I shall print off the full case when I get a new ream of paper.
pete48  
#9 Posted : 03 October 2011 23:29:27(UTC)
Rank: Super forum user
pete48

Thanks to Stuff4blokes for highlighting this judgement. I would second Ron H in that the judgement is a worthwhile read. No doubt Ray Rapp will do us all a good summary after his devotions to the 100+ pages ;-) In the meantime, a simple scan through the introduction, paras 367 et seq together with section J gives a good feel for the judgement. The lessons are far wider than fire safety or the role/function of experts. It also indicates just how much detail comes out of serious incident investigations for those who have no experience of such matters. Is it the conflict of opinion that was a concern to the judge? I don't think so. It is the failure of the panel of experts to follow the direction of the court and thus be unable to properly assist the court in the manner they are required to do. (para 396 et seq) The judge is, however, very critical of all the expert witnesses called (para 424-426) both in terms of their evidence and their failure to act as instructed. Indeed one can almost read his annoyance at the whole matter when he records "be dubious about the reliability of all of the expert evidence that has been presented to me. This is emphatically not a case where the court is able to prefer one expert over another and let that approach dictate the result." hth P48
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