"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, Health & Safety Executive (HSE), Serious Fraud Office (SFO), Care Quality Commission (CQC), Traffic Commissioner (OTC), Fire & Rescue Service (FRS), His Majesty’s Revenue & Customs (HMRC), Pensions Regulator (TPR), Trading Standards, and Local Authorities.
He has over 20 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 secured 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, fire safety, and food 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 both the Magistrates and Crown Court. In the event of a fatality, he also represents organisations who appear as “interested persons” at Coroner’s Inquests.
Similarly, and in circumstances which are becoming increasingly common, Daniel’s experience also extends to representing companies and their employees at Public Inquiries. This includes the Inquiry into the Grenfell Tower disaster in 2017.
In addition to this, Daniel regularly advises on product safety where there are potential compliance issues which may necessitate a recall. He also has notable experience when dealing with allegations of bribery, fraud, money laundering, and proceedings that are brought under the Proceeds of Crime Act. This includes advising on issues such as ‘self-reporting’, Deferred Prosecution Agreements, and drafting appropriate policies so that organisations are suitably placed to avoid any potential criminal liability.
His practice covers all sectors including agriculture, construction, food, logistics & warehousing, public sector, retail, transport, and waste. In particular, his expertise extends to representing providers in both 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.
He also leads the firms private client offering in this area.
Compliance & Regulatory
- Representing the operator of an anaerobic digestate facility who was the subject of a joint investigation by the HSE and EA following a gas explosion which resulted in life changing injuries to two of its employees.
- Representing the Trustees of a pension scheme who were prosecuted by the Pensions Regulator after it was alleged that they had used pension monies to make prohibited employer related investments and also provided false or misleading information to the Regulator.
- 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 a substantial number of cash payments that were made by its former Managing Director to a Norwegian intermediary over a 10 year period
- Representing a specialist vehicles company who were prosecuted by HMRC and the Department for International Trade after a large number of its military vehicles were incorrectly exported and eventually seized near to the Russian border.
- 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.
- Representing a global casino brand in confiscation proceedings that were brought under the Proceeds of Crime Act following the discovery of unlawful gaming
- Representing one of the Country’s largest Trusts at numerous high profile 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 an historical property without having listed building consent
- Representing 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 a leading property developer who, following a serious fire at one of its residential buildings, was investigated by the Fire & Rescue Service on suspicion of breaching fire safety legislation
- Representing the Director of a children’s nursery who was investigated by Ofsted and prosecuted by the Local Authority for breaching food safety regulations following a rodent outbreak
- Advising a multi-national company following the discovery of fraud that had been orchestrated by one of its Directors in relation to a substantial contract with a Government body in Africa.
- Representing numerous care providers in criminal investigations that are carried out by the CQC and, where appropriate, at inquests in circumstances where it is alleged that they have failed to provide safe care and treatment.
- Representing both companies and individual Directors who have been prosecuted for a wide range of road traffic offences. This includes putting forward successful “special reasons” or “exceptional hardship” arguments so as to avoid a driving disqualification.
- The Economic Crime & Corporate Transparency Act – a new dawn in the fight against economic crime and fraud?
- Real Estate Blog: “Put that in your pipe and smoke it” – Landlord ordered to repay nearly £200k in rent due to unauthorised shisha café!
- Freeths continues to expand its private client offering with the launch of its Criminal Investigations & Road Traffic Defence service
- Underage sale of knives: No April fools as new sentencing guidelines threaten sharp increase in sanctions
- Guidance issued in respect of the Fire Safety (England) Regulations 2022
- Freeths advises Maven Capital Partners UK LLP on £3 million investment in Bud Systems Limited
- The HSE has announced they will be carrying out a programme of asbestos inspections to schools in England, Scotland and Wales from September 2022 onwards
- Health & Safety – A timely reminder for employers with an agile workforce
- “Freedom day” at last… but how do employers now remain COVID-secure?
- COVID–19 & mandatory vaccinations – a shot in the arm for the care sector?
- Mandatory COVID-19 vaccines in care settings: actions care homes should be taking
- Fire Safety Act 2021 – a new dawn for fire safety?
- In-House Freethinking – The risks and opportunities of an agile workforce
- Coronavirus & “ESF” – What should providers expect when “an inspector calls”?
- Health & Safety and Coronavirus – to PPE or not to PPE?
- Challenges for the Here and Now Workforce in the Food Sector
- Coronavirus Hub Webinar Series – The Future Workplace: The Actual Return to Work – How and When?
- Preparing to Return to Business as (Un)usual – Road Maps to the Restart – 4 June 2020
- Health & Safety update – How do companies remain “COVID secure” in a crisis?
- Preparing to Return to Business as (Un)usual – Road Maps to the Restart
- Coronavirus & Coroners Inquests – what are the risks to companies?
- Coronavirus and Social Care – how do providers remain compliant in a crisis?
- COVID-19 & RIDDOR – when should companies report to the HSE?
- Coronavirus – Police Powers Increased by New Regulations
- Coronavirus and Construction Sites – CLC issues updated guidance
- 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
To contact Daniel or for more information…
- Law Society
- Certified member of the Law Society’s Criminal Litigation Accreditation Scheme
- Member of the Health & Safety Lawyers Association
- Member of the Fraud Lawyers Association
- Member of the Proceeds of Crime Lawyers Association
“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.”
“Thank you for the outcome. We recognise that this would not have been possible without your attention to detail in the weeks leading up to my appearance and your professionalism at Court in ensuring that the Magistrates felt able to dispose of the case fairly. We felt in safe hands and the case was well managed with any queries clarified thoroughly.”
“Hi Dan, I just wanted to thank you for achieving this result for me. It is beyond what I had hoped for and I am just pleased that this weight has been lifted. Thank you so much.”
“Thank you for passing Daniel’s details onto me, he was incredibly helpful, informative, compassionate in his delivery, outstanding in his willingness to assist.”
“Many thanks for your help throughout this process and indeed for helping me achieve yesterdays outcome. I will have no hesitation in recommending you to others in need of this kind of help and sincerely hope that I won’t be needing it again in the future!”
‘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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Contact: 03301 001 014