Regulatory

Regulatory team: summary
No business wishes harm on its workforce, but workplace accidents and fatalities do unfortunately occur and, when they do, it is usually a highly emotional and stressful time for those subject to investigation. 

David Walton and Bill Dunkerley have over 45 years’ specialist experience between them. Both excel in crisis management and the defence of organisations and individuals subject to criminal regulatory investigations. 

Pannone Corporate’s Regulatory Team can help should the unthinkable happen, and provides the calm reassurance and confidence that only comes from true experience. Not only does the Team have experience across the full spectrum of regulatory compliance and enforcement action, but also has a demonstrable track record in achieving successful and positive outcomes for clients subject to investigation.

In addition, the Team works with clients to anticipate and track emerging issues, identifying practical solutions to the problems that arise from the increasingly stringent laws that govern the way we do business.  Failure to address potential liabilities can create huge financial and reputational risk for a business, with the penalties for non-compliance continuing to increase.  

Our Team
“A new team but one with excellent experience and technical expertise with a dynamic can-do approach and a personable demeanour.”

Pannone Corporate’s Regulatory team has over 45 years’ experience and is consistently recognised by peers as a leader in the market having been described by the legal directories as, “recruited the best from other firms in the marketplace and are now well poised to become a big player. Their attention to detail and strength in depth enables them to provide a comprehensive service to their clients. One to watch for the future.”

Bill Dunkerley leads Pannone Corporate’s Regulatory team and is a prominent individual who is consistently recognised by his peers as a leader in the health and safety market. Described by the legal directories as a, “clever, able and tactically astute solicitor,” and a, “dynamic and inspiring leader [who] always gets excellent outcomes for his clients,” he excels in crisis management and the defence of businesses subject to criminal regulatory investigations. 

“He has gained invaluable experience in other legal practices over the past decade and is now building a team around the experience and understanding of the market that he has built up.”

“He is a safe pair of hands, advises with confidence, and can articulate case studies and best evidence… he oozes confidence, and his ability to grasp details stands out.”  

The Team also includes David Walton, a Partner of over 30 years’ qualification and who has been involved in some of the highest-profile health and safety investigations and prosecutions in recent years, including: the prosecution arising from the Bosley wood mill explosion; and the ongoing investigation into the Didcot power station collapse. 

Legal directories describe him as, “a very experienced solicitor in this field and is the go-to guy if you want a thorough preparation of your case… he is always willing to take a phone call and explain matters or action a request.”

“He knows health and safety like the back of his hand and is a very good strategist.”

“He is exceptionally dedicated to his clients, knowledgeable and a good tactician.”

Corporate manslaughter/gross negligence manslaughter

All workplace fatal accidents are initially investigated as potential cases of corporate and/ or individual gross negligence manslaughter. There can be no more serious allegation levelled at a business or individual, and the experience of being investigated for these most serious of crimes is both challenging and stressful.  

Our expertise
Our experienced lawyers provide the calm and assured advice needed when faced with the distressing prospect of a police investigation.

We guarantee the support of a senior lawyer, available 24/7, to guide you through the process. From the initial – and often lengthy – fact finding exercise, we help clients steer a path through the investigatory maze.  From instructing (and often undertaking) internal investigations subject to legal privilege through to advising on employee representation, expert evidence, potential liabilities and case strategy, we become an integral part of your incident response team.

Given the gravity of such allegations and the potential criminal liabilities threatened, we always urge clients to seek early advice following a workplace fatality, so that the business and its individuals are fully supported from the outset.  

Our track record
Our lawyers have extensive experience of representing both organisations and individuals investigated and prosecuted for manslaughter offences, including: 

• Represented the Managing Director of a construction company investigated for individual gross negligence manslaughter and charged only with health and safety related offences following the death of an employee crushed whilst demolishing a wall. David’s client avoided custody.
• Represented a family business and its members during an investigation into corporate and gross negligence manslaughter following the death of an employee during road resurfacing works. No manslaughter charges were brought.
• Represented the Managing Director of a metal recycling company on a charge that included individual gross negligence manslaughter. The manslaughter charge was dropped shortly before trial and David’s client pleaded to a non-causative breach of health and safety thereby avoiding a custodial sentence. 
• Represented an individual, acquitted on day 50 of the Crown Court trial, in connection with the high profile CPS/ HSE prosecution following the Bosley Wood Mill explosion in July 2015, which killed four people. 

Inquests
It is vital that those who are invited to participate in an inquest are advised and, where appropriate, take steps to manage the presentation of evidence.  Coroners are increasingly looking to use the tools at their disposal to draw attention to deficiencies within organisations, and can require steps be taken to prevent a recurrence. Inquests can also influence future enforcement action, as well as related civil litigation. 

Our expertise
We undertake a rigorous interrogation of the facts with our clients, before setting out a strategy for dealing with the inquest itself, taking into account the impact on the business, the individuals involved, any related legal processes and PR concerns.  

We are experienced inquest advocates and so can provide complete continuity throughout and where Counsel is required, we can recommend the best barrister for your case.

Our lawyers have devised an inquest training programme for businesses, which provides companies with an in-depth knowledge as to the scope, extent and purpose of inquests and how best to manage the presentation of information so as to minimise the potential for an adverse or detrimental outcome.

Our track record
Our lawyers have represented businesses and individuals in inquests across a broad spectrum of industry sectors and at Coroner’s courts nationwide.  Our experience includes representing:

• Rochdale Boroughwide Housing, following the death of two-year-old Awaab Ishak, who died following exposure to environmental mould. The case received international media attention and has led to a change in the law. 
• A major contractor whose employee sustained fatal injuries when he was crushed between two rail maintenance vehicles during track upgrade works.
• A national care provider following the death of a service user who died as a result of misplacement of a naso-gastric tube by an employed nurse.
• A technology services company following the death of a sub-contractor’s employee during ‘smart’ motorway upgrades.  
• The head chef of a leading restaurant during the inquest into the death of a customer who died following an allergic reaction after having eaten at the restaurant.

Environmental law
From sustainability drives to clean air initiatives and the push to reduce plastic packaging, businesses environmental credentials are increasingly under the spotlight.  In addition, environmental law is littered with onerous duties that are easily breached, often without obvious fault or intention.  Such incidents can result in criminal proceedings, may be highly publicised and can result in long-term reputational damage for any businesses involved, as well as significant financial penalties.

It is important that organisations seek assistance and guidance, both with their ongoing and day to day regulatory obligations and compliance, but also following any adverse incidents which may arise. Early intervention and legal support can often have a significant impact on the future course of any regulatory or environment agency investigation, including whether enforcement action is ultimately taken.

Our expertise
We work with our clients to understand their regulatory impacts to help them understand and manage the environmental risks their operations present. We encourage a collaborative approach with the regulatory authorities and advise and support clients with these (sometimes difficult) interactions.   At the more serious end of the spectrum, we will guide clients through criminal investigations and prosecutions, helping them to identify and seek acceptable outcomes, including civil sanctioning where appropriate.

We also work with our corporate and real estate colleagues to help clients understand the potential environmental risks stemming from proposed transactions.

Our track record
Our lawyers have advised clients in a wide range of industry sectors and in connection with a range of environmental issues including:

• Advising a waste management company as to its obligations in connection with transfer notices; 
• Representing a manufacturer following an escape of lime at its production site, and its subsequent interaction with the local water course; 
• Advising a food producer following allegations of unlawful trade waste discharge into public sewer network; 
• Working with a leading gym provider to manage its relationship with a local authority following service of a noise abatement notice.

Health and safety
Health and safety is a business-critical issue. Getting it right brings benefits, not least happy, healthy and motivated staff. Effective compliance and strong corporate governance is vital and sound risk management makes commercial, legal and moral good sense. Conversely, failure to address potential liabilities can create huge financial and reputational risks.

Available from the moment an adverse incident occurs, our Team provides specialist crisis management expertise, advising on each stage of the investigatory and legal process as it occurs including:

• instructing and guiding internal investigations;
• early case assessment of potential liabilities and strategy setting;
• advice and representation at police and regulator-led interviews under caution; and
• representation in the criminal courts, including advocacy.

Our track record
Our lawyers have appeared in some of the most high-profile cases in this area of the law, including:

• Instructed in connection with the Manchester Arena Inquiry.
• Advising a participant to the Grenfell Tower Inquiry and associated Metropolitan Police criminal investigation.
• Represented an individual, acquitted on day 50 of the Crown Court trial, in connection with the high profile CPS/ HSE prosecution following the Bosley Wood Mill explosion in July 2015, which killed four people. 
• Representing an individual who is being investigated following the premature collapse of Didcot power station and the loss of four lives. 
• Defending a ground handling organisation in respect of conjoined prosecutions arising from two falls from height which occurred during the course of baggage handling operations at Luton Airport.
• Representing a rail maintenance company in connection with an ongoing HSE investigation following a non-fatal explosion.

Trading standards and food safety
Recent high-profile cases have underlined the importance of food safety, and the implications for a business that fails to meet the tough regulatory obligations. Managing the allergen matrix of your menu or knowing when to recall a product where there is a safety concern, are just two of the issues that traders may face.

It is important that organisations seek assistance and guidance, both with their ongoing and day-to-day regulatory obligations and compliance, but also following any adverse incidents which may arise. Early intervention and assistance can often have a significant impact on the future course of any regulatory investigation, including whether enforcement action is ultimately taken.

Our expertise
We work with clients to understand and manage their regulatory risks and impacts across the full spectrum of food production and delivery, including:

• product creation and launch;
• labelling;
• marketing, including advertising standards;
• traceability; and 
• safety and hygiene.

Where a breach arises, we advise on the regulatory investigative process including:

• instructing and guiding internal investigations (subject to legal privilege); 
• preparing an early case assessment of potential liabilities and strategy setting;

• advice and representation at police and regulator-led interviews under caution; and
• representation in the criminal courts, including advocacy.

Our track record
Our lawyers have a wealth of experience of advising businesses across the full spectrum of food safety and hygiene investigation and prosecution, including:

• Representing the head chef of a leading restaurant following the death of a customer from an allergic reaction to the food served; 
• Supporting an entrepreneurial businesses seeking to launch new food products containing cannabidiol (CBD), a naturally occurring compound found within cannabis plants;
• Defending a high-profile food outlet prosecuted following large-scale salmonella poisoning traced back to its food service;
• Representing an abattoir in connection with an Food Standards Agency investigation into potential cross-contamination of animal by-products and food for human consumption;
• Advising a butchery wholesaler in respect of a Trading Standards investigation concerning the potential adulteration and mislabelling of foods; 
• Advising a leading food retailer charged with offences relating to the offer of sale of products beyond their “use by” and “best before” dates;
• Representing a wholesale food supplier following allegations of adulteration and mislabelling of meat products; and
• Advising a multi-national food business on the legal implication of creating new selling channels within the UK.

Care quality
The private healthcare sector is under unprecedented pressure. Not only does it face daily operational difficulties and increasing financial pressures, not least as a result of the COVID-19 pandemic, but it is also subject to criticism and scrutiny by the media and the general public.  With CQC enforcement on the rise, it is vital that providers ensure compliance, protect their interests and seek early assistance following crisis events. Not only does this help to manage the ongoing relationship with the regulator, it also assists in securing and preserving evidence, enabling a clear strategy to be determined. 

Our expertise
Client support is led by Bill Dunkerley who has over a decade’s worth of experience in the sector, who has been described by the legal directories as, “the care home guru in the North West,” and, “a dynamic and inspiring leader and always gets excellent outcomes for his clients.. a clever, able and tactically astute solicitor.”  

Clients describe Bill as, “so professional, diligent and exceedingly helpful.. I hold him in very high esteem!  I have worked very closely with solicitors and Barristers over the last 30 years and they don’t get better than Bill. He is absolutely committed to his work, dependable and wholly reliable.”

Our lawyers have experience of representing both corporate and individual care providers and are accessible 24/7 to provide specialist crisis management expertise from the moment an incident occurs. 

We are able to advise on each stage of the investigatory and legal process as it happens, including:

• instructing and guiding internal investigations and evidence collation;
• early case assessment of potential liabilities and strategy setting;
• advice and representation at Police and/or regulator led interviews;
• advocacy before the coroner’s and criminal Courts; and
• representation during safeguarding proceedings.

Our track record
Our lawyers have been involved in cases including:

• Represented a care home in connection with one of the first health and safety investigations and inquests arising from a workplace COVID-19 death, with no enforcement action being taken against the home.
• Advising a care home provider in respect of a police and CQC investigation following allegations of abuse committed against service users by members of staff, including allegations of force feeding, non-administration of medication and wilful neglect. No further action was taken against the provider.
• Defending a national care home provider in respect of a police-led manslaughter investigation following the death of a 94 year old resident who died after a failure to administer medication over a three-week period. No charges were brought against the provider.
• Successfully defending a registered care home manager who was being prosecuted following the death of a service user who had fallen out of his second floor bedroom window.
• Acting on behalf of a carer involved in the care of a service user with known violent tendencies who subsequently attacked a member of staff.
• Representing a registered nursery owner, prosecuted in her individual capacity following an incident in which a two-year-old boy was able to open and then jump from a first floor window at a setting she owned and operated.