Details
Duncan works with clients to develop pro-active strategies to avoid and/or resolve disputes and manage risk which arises from problems in commercial relationships. These strategies can be implemented by clients directly or through solicitors, involving proceedings as necessary.
Duncan acts for companies, institutions and high net worth individuals.
Duncan’s practice is varied. He advises on contract and tort disputes (including professional negligence), shareholder and director disputes, commercial fraud, breach of confidence and restrictive covenant claims, and procurement disputes in addition to other commercial disputes. He specialises in disputes arising from:
- Negligent actions of professionals
- M&A agreements - involving sellers, buyers, shareholders and/or directors
- Restrictive covenants
- Misuse of confidential information
- Agency and distribution agreements
- Commercial contracts
- Commercial agreements
- Public procurement
Duncan has been involved in the following reported case:
- Co-Operative Bank plc -v- Hayes Freehold Ltd (in liquidation) and others; Deutsche Bank AG -v- Sentrum (Hayes) Ltd (in liquidation) and another [2017] EWHC 1820 (Ch).
Duncan has significant experience of alternative dispute resolution, in particular mediation, arbitration and higher court proceedings.
Duncan completed his law degree at Nottingham University and stayed in the city to complete his LPC at the Law School. After spending seven years at Eversheds, he went on to gain top level commercial litigation experience at DLA Piper, Cobbetts, DWF and Irwin Mitchell, where he managed the national litigation team.
Further details
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Experience
- Acting for a leading bank in successfully challenging a deed of surrender relating to security over a data centre that supported lending of circa £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 with regards to the application of litigation privilege in particular.
- 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 electricity supply to the claimant.
- Advising a global manufacturer in a 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 client and customer 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.
- 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.
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Affiliations
- Member of the Law Society
- Higher Rights of Audience
Duncan Hope's Expertise
Dispute resolution
