Posted By John Beadle If a Principal Contractor goes bankrupt before fulfilling his duties to provide information to the Planning Supervisor for inclusion in the H&S file are there any precedents set in case law as to what action the Planning Supervisor or Client should take.

Posted By Dave Daniel There is little or no case law on most modern regulations because very few people plead not guilty and few regs are cited seriously in litigation. The Client has fulfilled his legal duty by making an appointment. The fact the the PC went bankrupt is not his legal concern. Neither does the Planning supervisor have any real legal role once the Plan has been prepared, other than to ensure the safety file is deposited with the client. Perhaps it might be argued that this absolute duty requires him to pick up all the pieces, but one issue in CDM is that there is no legal ownership of the various documents. CDM has many of failings and even the HSC/E have admitted in their publicly-available meeting minutes that it has not achieved its intended objectives. Seems like you throw the Regs in the bin where they belong and take practical steps to salvage what you can. Dave Daniel Technical Director, Practical Risk Management Ltd