Duncan has built a varied and busy practice. He is instructed in complex and high-value disputes concerning professional negligence, contract and construction and engineering litigation. Duncan also has an interest in employment and discrimination claims.
He has advised and represented clients across the healthcare, hospitality, sports, professional services, energy, education and public sectors. He has successfully represented several well-known organisations including: Asda, British Gas, Edrington Distillers (Macallan whisky), Intertek, Lidl, Mitie, Nissan, Tesco, various NHS Health Boards and various Scottish councils.
In his construction and engineering practice he has acted for well known employers and contractors. He has advised on actions for payment, negligence, breach of contract and related insolvency issues. Duncan acted as junior counsel (led by Nick Ellis KC and Scott Manson) in a five-week liability hearing (ICC arbitration) valued at approximately £140m. The case concerned allegations of fraudulent misrepresentation, prescription, deliberate breach, delay and construction defects.
Duncan has been retained by a number of insurers in professional negligence claims concerning construction professionals. He also has defended professional negligence claims against solicitors on behalf of the Law Society of Scotland’s master policy insurers.
Duncan also appears predominantly for respondent/employer clients in the full range of employment disputes. He has considerable experience in claims concerning unfair dismissal, discrimination, whistleblowing (including successfully resisting interim relief), worker status, disputes at director level and restrictive covenants. He has appeared in the Employment Appeal Tribunal, successfully, on various occasions.
Duncan has considerable experience at the sharp end of litigation having appeared in courts and tribunals regularly throughout his career. He has appeared in the Court of Session (including the Commercial Court), Sheriff Court and the Employment and Employment Appeal Tribunals. He also accepts instructions in adjudications, arbitrations and mediations.
Duncan called to the Bar as a Lord Hope Scholar.