"Thank you so much for your amazing hard work these last 12 months or so. I know you've worked tirelessly and I can't express my appreciation to you enough. You've been brilliant."
Daniel McNally advises corporate clients who are the subject of criminal and regulatory investigations across the Country. This includes, but is not limited to, investigations that are carried out by the Police, HSE, SFO, HMRC, CQC, Trading Standards, and Local Authorities.
He has over 18 years experience in criminal and regulatory law and was admitted to the Roll of Solicitors in 2012. Following a number of successful appearances before his local Courts, Daniel was awarded Leeds’ Young Advocate of the Year in 2013. He then joined a leading national firm, where he attained a senior appointment within 18 months, before joining Freeths in 2016.
Daniel predominantly represents companies who are facing allegations of corporate manslaughter and breaches of health and safety legislation. This includes advising in the immediate aftermath of a serious incident, leading on internal investigations, advising on appeals against enforcement notices, representing companies at interviews under caution and, where appropriate, providing representation at Court. In the event of a fatality, he also represents organisations who appear as ‘interested persons’ at Coroners’ inquests.
Similarly, and in circumstances which are becoming increasingly common, Daniel also advises companies and their employees who have been called to give evidence at Public Inquiries.
In addition to this, Daniel has notable and longstanding experience advising companies in relation to allegations of bribery and corruption, fraud, money laundering, and proceedings under the Proceeds of Crime Act. This includes advising on issues such as ‘self-reporting’, negotiating with the regulator for a Deferred Prosecution Agreement, and drafting appropriate policies so that organisations are suitably placed to avoid any potential criminal liability.
Whilst his practice covers all sectors, Daniel also has particular expertise representing providers in the care and education profession. This includes advising providers who are the subject of regulatory action, such as a proposal to prevent them from operating altogether, and providing representation in appeals before the First Tier Tribunal.
Aside from this, Daniel regularly speaks at external events and provides training to organisations so that, should the worst happen, they are better equipped to handle any criminal and regulatory investigation.
Compliance & Regulatory
- Representing a leading construction company and its Managing Director who were prosecuted by the HSE following a fatality involving an employee who was electrocuted whilst at work
- Representing a large wholesaler and its Directors who were investigated by the Police on suspicion of fraud by abuse of position following a series of complaints by a well-known Conservative MP
- Representing a manufacturing company who were investigated by the SFO on suspicion of bribery and corruption. This related to cash payments that were made by its former Managing Director to a European intermediary over a 10 year period
- Representing a specialist company who were investigated by HMRC and the Department for International Trade after a large number of its military vehicles were stopped near to the Russian border. The company were subsequently prosecuted for exporting these vehicles without having the appropriate license.
- Advising a company who, having discovered that its former Managing Director had paid bribes to specific individuals within the NHS, was investigated by the London Metropolitan Police.
- Representing numerous post-masters across the Country who, on complaint from the Post Office, were investigated on suspicion of false accounting and theft. This was linked the well-publicised group litigation action that was successfully brought against the Post Office in the High Court.
- Representing a leading hotel chain who were prosecuted by the Local Authority under the Food Safety Regulations following a rodent and pest outbreak at one of its flagship hotels.
- Advising a well-known betting company whose monies were restrained outside of the jurisdiction. Thereafter represented the same company in confiscation proceedings at the Crown Court.
- Representing one of the Country’s largest Trusts at numerous Coroner’s Inquests across the UK following fatalities on its land and in its waterways.
- Representing the employee of a large haulage and aggregates company who was investigated by the Police and HSE on suspicion of manslaughter and breaches of health and safety legislation after his colleague was crushed whilst he was driving a loading shovel.
- Representing a company with a significant property portfolio, with ownership in the BVI, who were prosecuted by the Local Authority for carrying out extensive renovation works on historical properties without having listed building consent
- Advising one of the Country’s leading LPG suppliers following a gas explosion at one of its customer’s premises and subsequent investigation by the HSE
- Representing numerous care providers in criminal investigations that are carried out by the CQC and, where appropriate, at Coroners inquests in circumstances where it is alleged that they have failed to provide safe care and treatment.
- Coronavirus – Police Powers Increased by New Regulations
- Coronavirus: Construction sites – new guidance published by Construction Leadership Council
- Coronavirus: Health & Safety law – are companies at risk of prosecution?
- Coronavirus: Updated guidance from the Health & Safety Executive
- SFO secure largest Deferred Prosecution Agreement in the UK
- Hillsborough – A lesson for us all?
- HSE statistics flatline as work related fatalities continue to rise
- BUPA fine halved in welcome decision for corporate defendants
- Compliance & Regulatory | Assisting the “enemy”?
- CPS off the mark after securing the first conviction for ‘failing to prevent bribery’
- The Chevron case and Enforcement Notices – A favourable outcome for corporate bodies?
- Fees for Intervention – relief at last?
- The Policing & Crime Act 2017 – To bail or not to bail?
- Legal Privilege – a diminishing safeguard for Corporate Defendants
- Credit for early guilty pleas – All change for Corporate Defendants?
- Agriculture Newsletter: Spring 2017
- Hare coursing and the Hunting Act 2004
- Corporate Defence Update: February 2017
- Law Society
- Certified member of the Law Society’s Criminal Litigation Accreditation Scheme
“Thank you for all your assistance with my investigation and the subsequent Court appearance. Thankfully it is all over now and I can’t thank you enough for not only your professionalism but also your continued support throughout.”
“I would like to thank your company for providing an excellent representative. Dan was fully committed from our first telephone conversation and, having dealt with hundreds of Solicitors over the years, I can say that he is a great asset to your company. His Court presence and presentation skills were superb, in particular his ability to file study and his expert interpretation.”
“Thank you so much for your amazing hard work these last 12 months or so. I know you’ve worked tirelessly and I can’t express my appreciation to you enough. You’ve been brilliant.”
“Thank you Dan. The experience of working with Freeths continues to be outstanding. You all seem to know how to play the situation and the law. Very unusual and really appreciated.”
“On behalf of us all, thank you so much for the representation last Friday. The result was beyond our wildest dreams and an enormous weight has been taken from our shoulders. I cannot truly express how grateful we all are to you, but we are.”
“I would like to thank you for the care and attention you have shown to us during this case. It can be complicated and overwhelming to find yourself suddenly in the middle of a situation like this and you have made the process much easier for us. Your professionalism has been much appreciated and I have enjoyed working with you.”
‘Doing the right thing’ is at the heart of Freeths. Find out more about our excellent client service and the strong set of values that guide the way we work.
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Freeths are a leading national law firm with 13 offices across the UK. If you have a query about our services or just want to find out more, why not give us a call?
Contact: 03301 001 014