In the case, (New Look Ltd v London Fire and Emergency Planning Authority [2010]) New Look was accused of failing to:

• undertake an appropriate risk assessment; and
• ensure employees were given adequate safety training.

The judge said " The absence of death and injury is plainly an important matter in this case, but I consider there are circumstances in which a court may not need to wait for the onset of human tragedy to send out a clear message that safety of customers and staff, or indeed anyone who may be affected, must be regarded as of paramount importance."

The Court of Appeal then upheld the ruling and made clear that the courts take breaches of the RRO seriously.

Main considerations during the appeal hearing were:

• how serious was the breach?
• would the fine make an impact on senior managers and stakeholders?
• can the organisation meet the fine?