Practice Areas
Duncan has extensive experience of advising on commercial disputes, including contract, professional negligence and corporate disputes. Corporate disputes include those arising out of: relationships between shareholders; duties of directors; and corporate transactions, such as warranty and indemnity claims and completion account challenges.
Duncan advises on the resolution of disputes through alternative dispute resolution, in particular mediation, higher court proceedings and arbitration. He regularly acts on disputes which require urgent court action, such as matters involving: the misuse of confidential information; enforcement of restrictive covenants; and procurement challenges.
Career
Qualified in 2001 at Eversheds, spending five years in the commercial litigation department before gaining top level commercial and finance litigation experience at: DLA Piper (2006 to 2010); Cobbetts (2010 to 2013); DWF (2013 to 2015); and Irwin Mitchell (2015 to 2023), becoming head of the national litigation team.
Joined Hill Dickinson’s Commercial Dispute Resolution team, based in Manchester, in March 2023.
Work Highlights
Acting for a leading bank in successfully challenging a deed of surrender relating to security over a data centre that supported lending of £25 million
Advising a tech company in a dispute between two equal shareholders, which involved defending two applications for specific disclosure, and providing detailed advice on the obligations of a company involved in unfair prejudice proceedings, in particular in relation to the application of legal privilege.
Working with a leading ground maintenance company in the defence of proceedings relating to completion accounts under a sale and purchase agreement and counterclaiming for breach of warranty.
Acting for a global manufacturer in successfully defending an application for an injunction issued to prevent the manufacturer stopping the supply of electricity to the claimant.
Advising a global manufacturer in a contractual dispute about the price of steel under a long term supply agreement and implementing a strategy which led to a commercial resolution. This preserved the ongoing relationship between the parties and facilitated the agreement of a new contract.
Representing a group of high net worth individuals in defending three sets of proceedings claiming unpaid share capital of circa £8 million.
Acting for a bank in pursuing claims against an employee and ex-employee for breach of duties of confidence and other obligations, and agreeing a resolution which included the return of confidential information.
Acting for a senior employee in successfully defending an application for an injunction and claim for breach of restrictive covenants and obligations of confidentiality.
Advising a leading national accountancy firm in a claim to enforce covenants given by a former partner of an acquired business, and achieving a resolution at mediation after extensive pre-action correspondence.
Providing advice to an expert from a national accountancy firm on issues of contractual interpretation to determine the level of consideration payable under an expert determination process.
Acting for a service provider in a procurement challenge following the award of a contract to a competitor. Challenging the initial award led to a re-evaluation and, following a further challenge, the procurement being abandoned.
Acting for parties to a joint venture - the holding company for a large, well known group of companies – to challenge actions taken by another party and facilitating an agreement to resolve a wide range of complex disputed issues.
Advising a leading provider of cloud and digital services in a complex contractual dispute regarding the provision of app development services.
Representing a specialist professional services firm in a public procurement claim in challenging the decision of a public body to remove a contract for the provision of specific services. After issuing proceedings a contract was retendered with the dispute subsequently being settled.
Acting for a professional appointed by the court as a receiver and manager of a group of companies in the healthcare sector. Advising the receiver on the performance of his role in light of difficulties arising from the approach of shareholders, which has included an application for injunctive relief relating to the release of monies required for the group.