Summary

 

Duncan has a traditional chancery practice with a focus on property law and probate, wills and trusts. Duncan regularly appears in both the High and County Court as well as both Tiers of the Land Tribunal, the Court of Protection and has advised clients Court of Appeal cases.

 

Duncan has recently returned from a part-time secondment as sole in-house Counsel to a leading London property and asset management company, advising on commercial lease acquisitions across the country, trusts of land issues. Duncan also carried out extensive non-contentious work including Deed drafting, rent reviews, lease extensions and related negotiations.

 

 

Practice Areas

 

Duncan’s practice covers:

 

Property Law

 

▪   Boundary disputes​, easements and rights of way

▪   All aspects of landlord and tenant, commercial and residential

▪   Lease variation, leasehold enfranchisement 

▪   Restrictive covenants, easements and rights of way

▪   Commercial leases, renewal, forfeiture and related applications

▪   Commercial rent reviews

▪   Possession proceedings, mortgagee possession                

▪   Enforcement orders, sale for land and charging orders

▪   Housing judicial reviews

▪   Right to manage and all other work of the Lands Tribunal

 

 

Trusts and Equity

 

▪   Private client, Trusts and probate including:

▪   IPFTA 1975 Act reasonable provision cases

▪   Contested registration of LPA’s & EPA’s

▪   Mental Capacity, Court of Protection claims

▪   Trustees' powers, appointment and removal

▪   Breach of fiduciary duties

▪   Deeds of Variation

▪   TOLATA cases

▪   Will drafting and review

Education

 

LL.B (Hons) Queen Mary and Westfield College, University of London

 

LLM, King's College, University of London

 

Sunley Prize (Inner Temple)

 

Notable Cases

 

Kamouna v Sainsburys Bank Plc [2018] Queen's Bench Division, commercial litigation relating to FISMA rules, application for summary judgment, security for costs and part 18 requests.

Zidi v Bayley [2018] Guildford CC, Defending IPFTA 1975 Act claim successfully, common intention constructive trust, jurisdictional enforcement of trusts issue ( Morocco).

Re Ivor Thomas will trust - [2017] Chancery Division, construction summons, issues of will construction whether gift vested, whether trust properly constituted.

Kaneria v Kaneria & Guidezone Ltd [30th July 2015] EWHC Ch D ( Companies Court) reported on Lawtel.

Junior to Duncan Macpherson in successfully defending a multi-million shareholder dispute involving unfair prejudice, breach of trust, undue influence and mistake.

 

Amadeus IT Group SA v Lycamobile UK Limited [2015] EWHC 677 (Comm)

Summary judgment application in a £1.5million IT contractual dispute.

Miro LLC vs Rach& Ors [2015] EWHC QBD - International contractual and guarantee case concerning property investments in the US.

 

Associations

 

Property Bar Association

Chancery Bar Association

STEP  (Affiliate)

Skills & Interests

 

Duncan is a keen amateur landscape photographer.

 

He holds a full international skydiving Licence granted by the USPA.

Duncan enjoys the academic side of the law, he is an advocacy trainer for his Inn and has previously taught on the LL.B programme at Queen Mary, University of London.

 

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2010 - present

2010 - present