"Very strong in mediation and negotiation, and gives consistently clear advice."
Duncan heads up the Dispute Management Department in our Oxford office. His sizeable team handles commercial disputes, property disputes, professional negligence claims, contentious trusts, probate and charities litigation. Duncan has over 25 years litigation experience, handling complex and high value disputes, mainly in the High Court in London. He is also a keen advocate of alternative dispute resolution (ADR), including mediation and arbitration.
His own practice focuses mainly on commercial litigation and professional negligence matters – contract and warranty disputes, shareholder conflicts (s994 Petitions) and claims against professional advisors. He acts for clients ranging from individuals, to SMEs, to large multinational companies. Duncan is appreciated for his user-friendly manner, his clear legal advice and his pragmatic, commercial approach.
Duncan is recognised as an “Elite Leading Lawyer” in Professional Negligence by The Legal 500.
Commercial Dispute Management
Duncan frequently advises corporate/company clients on disputes with customers or suppliers, regarding their rights and obligations under contracts. Duncan also acts on disputes relating to the sale and purchase of businesses and companies, including disputes concerning warranties, non-compete and other restrictive covenants, protection of intellectual property rights etc.
- Defending a multinational client in the technology sector, against a high value claim (over one million pounds) for a payment allegedly due under a supplier contract.
- Pursuing claims on behalf of a company which manufactures specialist construction materials, against suppliers who delivered sub-standard materials.
- Recent commercial dispute involving High Court litigation in connection with the multi-million pound sale of a business – which gave rise to numerous issues, including alleged breach of warranty and “loss of chance”. The case was successfully resolved at a multi-party mediation.
- Recent property disputes range from arguments over title, tenure and other property rights, through to high-value and complex claims for multi-million pound losses on commercial property transactions.
Claims against Professionals
Duncan is recognised as a leading practitioner in the field of professional negligence. He acts for claimants and defendants in claims for negligence against legal, financial and property professionals. His cases include claims against solicitors, barristers, surveyors, architects, accountants, financial advisors, brokers and other professions. He also has particular expertise on insurance policy coverage issues.
- Acting for individuals in a claim against their former solicitors arising from inadequate legal advice resulting in substantial loss.
- Defending a professional and their insurer, against multiple very high value and complex claims.
- Recent professional negligence cases include dealing with claims against solicitors, barristers, surveyors, architects, accountants and others. Allegations include breach of contract, negligence, breach of trust and breach of fiduciary duty.
Duncan is highly regarded for his expertise in the professional indemnity insurance (PII) sector. As well as handling claims, Duncan has provided PII insurance policy advice for many years. He has advised both insurers and insured individuals/firms on insurance policy wording issues such as notification, scope of cover, conditions, exclusions, succession, aggregation, declinature and dishonesty. Duncan has also acted in the arbitration of insurance policy disputes.
- Advising on insurance policy response under a PII policy in circumstances where individuals in the insured business were suspected of dishonesty.
Transport & Logistics
Duncan acts for a number of large corporates in the logistics sector. He has acted for an international company in the automotive sector and a multinational telematics company.
- Handling supplier disputes on behalf of a large international logistics company in the automotive sector.
- Acting for a multinational telematics company on a high value dispute with a technology company.
- Law Society
- Property Litigation Association
- Professional Negligence Lawyers Association
“Very bright and tactically first-class.”(Chambers & Partners)
“Very strong in mediation and negotiation, and gives consistently clear advice.”(The Legal 500)
“A very pragmatic, down-to-earth chap” who “can spot the points that are going to play strongly with clients when looking at strategy and tactics.”(Chambers & Partners)
“One of the most tenacious litigators around – a formidable opponent.”(The Legal 500)
“He likes to find a solution and works intellectually as well as practically.”(Chambers & Partners)
“Immensely experienced and practical.”(The Legal 500)
‘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.
Talk to us
Freeths are a leading national law firm with 12 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