Duncan has over 15 years’ professional indemnity experience, handling a range of claims and related insurance disputes involving professionals. He is experienced in sensitive and complex high-value claims, including dishonesty cases, as well as managed group litigation, regulatory investigations and coverage disputes including successor practice issues. He is experienced in all forms of ADR, including arbitration and mediation.

Duncan has acted in the defence of a very wide range of claims against solicitors in practices large and small and with subject matter ranging from corporate/ commercial, commercial/ residential property/ L&T, probate, matrimonial and litigation to shipping and crime. Cases have involved issues of breach of trust, fiduciary duty, breach of confidence, warranty of authority, conversion, copyright/database infringement, estoppel by convention, misfeasance in public office and conspiracy, as well as more conventional contractual and tortious issues. He has represented solicitors in relation to regulatory investigations concerning alleged inadequate professional service and misconduct. Duncan also acts for financial and construction professionals.

Duncan’s significant cases, many involving multi-million pound claims, include:

• Extensive involvement in the last round of lender litigation arising out of the property crash of the early 1990s.
• Defending a group of 170 lender claims against numerous firms relating to shared ownership leases (Halifax v Gould & Swayne & others, CA, 1998).
• Defending the senior partner of a prominent city firm facing a claim of accessory liability for conversion of company funds by a director.
• Defending a prominent media practice facing claims arising out of film finance arrangements.
• Defending claims and regulatory action concerning the crash in split capital investment funds.
• Acting for market insurers on a number of coverage disputes with other market insurers.
• Declinature of indemnity on grounds of dishonesty and defence of challenge at arbitration;

Duncan qualified in 1991 and joined the professional risks team at Wansbroughs Willey Hargrave (later Beachcroft Wansbroughs, now Beachcroft LLP) in 1992, where he became a partner in their London office 2000. He joined Henmans as a partner in 2006.

Duncan is a member of the Federation of Insurance Lawyers (FOIL) and frequently writes and presents seminars on professional indemnity matters. His article on the risks for practitioners of identity fraud can be read here.