Damages victory for victims of fireworks factory blaze

The High Court has ruled that East Sussex Fire and Rescue Service must pay compensation to the families of two fire-fighters, who died following a fireworks factory blaze in 2006.

Fire-fighter Geoff Wicker, 49, and fire-service cameraman Brian Wembridge, 63, died in the fire at Marlie Farm, Shortgate in December that year.

Nathan Winter, the son of Alpha Fireworks owner Martin Winter, was working outside, preparing a fireworks display for a Christmas lights ceremony, when one of the fireworks caught fire. A number of other fireworks exploded, and the fire spread through buildings on the site.

The fire reached a metal container illegally packed with fireworks, causing a huge explosion that killed both Mr Wicker and Mr Wembridge, and injured 20 others. Martin and Nathan Winter were jailed for manslaughter. No criminal charges were brought against any member of the East Sussex Fire and Rescue Service (ESFRS).

Owing to the illegal storage of fireworks, the Winters’ insurance was invalid, leaving victims of the explosion no choice but to seek compensation elsewhere. A civil case against ESFRS began at the High Court earlier this year.

The judge found that those attending the fire should have known more than they did and that there was a significant risk of explosion from fireworks in bulk.

“The risks from inadequate knowledge and inadequate training on such a subject were foreseeable and, indeed, obvious,” he concluded. “Better training on this issue would have meant that [those on the fireground] would have had a markedly higher level of concern about the container and its contents.

“This would probably have led to an earlier evacuation of the fireground, and should and would have led to an effective evacuation, once that decision had been taken,this failure was thus causative. Had all personnel been removed – even to 200 yards – the deaths and injuries would have been avoided.”

There was also a failure to ensure that Marlie Farm was properly inspected, and that a risk card for the site was prepared and made available for fire-fighters who attended the scene.

Following the judgement, Matt Wrack, general secretary of the Fire Brigades Union (FBU), said: “Common sense and justice have prevailed, and the judge’s ruling reflects the systemic and cultural failures of those responsible for ESFRS.

“Although the ruling cannot undo Geoff’s or Brian’s tragic deaths, fire-fighters can be relieved that their employers cannot merely renounce their duty of care, as had been argued.”

Chief fire officer and chief executive of ESFRS said: “The judge listened carefully for two weeks to the evidence, but did say that this was a very complex matter and he would take some considerable time to make his judgment.

“It is only right that we give due consideration to the careful thoughts of the judge and now look at that document in detail before we make a further response.”