John McNally has had a broad common law practice and has appeared in matters as varied as a civil ‘rape trial’ to EC law on the rights of free movement and education for workers. This breadth of experience has been sought by solicitors when they need Counsel who can deal with cases involving matters as esoteric as donatio mortis causa or secret trusts.
In recent years John has had a broad spectrum of Criminal work (including Trading Standards and Environmental Law) but also undertakes matters involving Regulatory and Public Law. He has advised or appeared in matters concerning the General Medical Council, the Hearing Aid Council and the GCC as well as in relation to Coronial Inquisitions.
He is a Grade 4 approved Prosecutor for the Crown Prosecution Service.
Areas of practice
The Legal 500 recommends John, quoting: "Adept at cases involving forensic evidence". "Past work includes high-value fraud cases".
Recent or current cases of interest
Thurrock Council v Tesco Stores Ltd Successful Health & Safety prosecution of retailer Tesco further to employee being seriously injured by a falling roll cage. See here for press links:
1. Health & Safety At Work
2. Thurrock Gazette
3. Handling & Storage Solutions
London Boroughs of Barking, Dagenham & Redbridge v B&M retail Ltd Successful Trading Standards prosecution of retailer B&M for repeatedly selling knives to under-age youths. See here for press links:
3. Evening Standard
R v EG Fraud where proprietary interest relied on by Crown is said to be defeated by a Secret Trust.
R v M Defendant in Operation Ghast MTIC fraud and associated POCA.
R v PC Frauds upon an unincorporated association and a local authority within a tender/service provision scheme. Acquitted on direction at the conclusion of the Crown’s case in relation to the fraud alleged on the local authority (As leading Junior)
R v AZ Kidnap and blackmail case where D was said to have lured others who were tortured and kidnapped at gunpoint in a dispute over the disappearance of drugs money. (Acquitted)
R v P Blackmail and kidnap allegations where V. left country and Crown sought to rely on hearsay evidence (acquitted).
R v NC Matricide allegation. Defence based on incidence of epilepsy. Defendant acquitted by reason of insanity.
R v A Gang murder.
R v S,J,G Prosecuted healthcare assistants for abusing elderly vulnerable patients at Whipps Cross Hospital.
R v N Prosecution of soliciting murder allegations.
R v CH Prosecution of POCA proceedings against Defendants convicted of multi-million pound drug importation.
R v L Counsel for Appellant where Court of Appeal determined that ‘tainted gift’ provisions in POCA must be given an alternative meaning to that which arises from the plain words of the Statute.
R v K Junior Counsel in R v. Kakkad. (Application to ECtHR pending)
In re: X Retained and advised former Senior Police Officer in relation to the ongoing inquests into the events at Hillsborough.