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Following our article, ‘Health and safety prosecutions against companies in liquidation: Part 1 – public interest’, we now consider the duties of liquidators of companies prosecuted by the Health and Safety Executive, particularly where others such as co-defendants and/or insurers have an interest in the prosecution.
It is not uncommon that a company faces prosecution for alleged breaches of health and safety duties notwithstanding insolvency proceedings.
Last year we reported on the landmark judgment The Director of the Serious Fraud Office (SFO) v Eurasian Natural Resources Corporation  (ENRC) in which the High Court held that documents prepared during an internal investigation were not protected either by legal advice privilege or litigation privilege.
The Secretary of State granted the Health and Safety Executive (HSE) the duty and power to create a procedure to resolve disputes in relation to the fees it may claim under these regulations.
In the landmark judgement the High Court held that documents prepared during an internal investigation were not protected by legal privilege.
This week, following a consultation period which began in February 2016, the Sentencing Council published its new Definitive Guideline on Reduction in Sentence for a Guilty Plea (the Guideline).
The announcement by the Health and Safety Executive (HSE) that it is to consult on proposals to make fully independent the dispute process for its cost recovery scheme, known as Fee for Intervention (FFI), is welcomed and long overdue.
The Sentencing Council’s Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences Definitive Guideline came into effect a year ago today, on 1 February 2016.