Expert Witness Journal Issue 68 August 2026 - Flipbook - Page 64
Final Thoughts
While this is a noteworthy and potentially
encouraging decision for contractors, it should be
approached with caution. The result itself is unlikely
to surprise many construction litigators. Once the
昀椀ndings underpinning the default judgment were
established, and in the absence of any contrary
evidence from Sto, a substantial allocation of
responsibility to the manufacturer was always a
realistic prospect.
Mr Jason Hill
Fire Safety Consultant
CEng, CMEngNZ, FIFireE, MFireInv, C.Build E MCABE,
LETAPAEWE, MSc, BSc (Hons)
A highly qualified Chartered Fire Safety Engineer, he has over 25 years’ experience within
the fire safety/fire engineering industry, 10 of which within highly regulated industries, such
as Power & Utilities (Nuclear), Industrial & Manufacturing and Buildings sectors.
Jason is an active member of many fire professional communities, he Chaired the Nuclear
Industry Fire Safety Coordination Committee (2017 – 2019), he is the Chair of the Institution
of Fire Engineers (IFE) Special Interest Group for Industrial Fire and Risk, a Senior Examiner
for the IFE, and IFE Charter applicant peer reviewer and a BSI Committee member for
7974-6. He has a detailed understanding for human behaviour during fire, his work
supported the new development of 7974 Part 6:2019, application of fire safety engineering
principles to the design of buildings and is a BSI technical steering group member for review
of Approved Document B of the Building Regulations relating to means of escape for
disabled people. In addition, Jason is BSI committee member for development of PAS9980
Fire risk appraisal and assessment of external wall construction and cladding of existing
blocks of flats – Code of practice.
Nevertheless, Mulalley v Sto marks a positive
development in building safety litigation. As more
claims emerge under the BSA 2022, this decision
is likely to serve as a useful reference point for how
courts will handle liability allocation, contribution,
and corporate accountability in the evolving postBSA 2022 landscape.
In previous roles Jason was responsible for leading fire research, analysis and event or loss
investigation activities related to fire, building and fire or life-safety related matters,
regulatory and/or legal support services. He applies safety case analysis, fire engineering
and material science understanding to conduct external wall analysis for buildings of all
sizes. He has vast experience of passive fire and active solutions.
This article was originally published by Irwin
Mitchell and is reproduced here with kind
permission
He established Fire Investigation Risk Evaluation Consultancy Ltd in 2014 to provide a
specific, bespoke, and high-quality services providing fire investigation and risk evaluation
worldwide.
https://www.irwinmitchell.com/news-and-insights/expert-comment/
post/102n7u4/mulalley-v-sto-a-landmark-building-safety-act-decisionand-what-it-means-for-con#page=1
Contact:
Telephone: +44 (0)7803 518035
Mobile: 07803 518 035
Email: jason@fireconsultancy.co.uk
Website: www.fireconsultancy.co.uk
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EXPERT WITNESS JOURNAL
62
AUGUST 2026