About

Duncan Crine brings a wealth of experience to his practice as mediator. Having spent over 30 years as a litigator, Duncan has seen the dispute resolution process from every angle. He understands the litigation process and dynamics. He is also approachable and understands what is at stake for the parties. Calm, pragmatic and insightful, he has a clear focus on reaching a satisfactory outcome for all concerned.

Background

1991 Qualified as a solicitor at a central London law firm, handling the whole gamut of 'High Street' legal practice.

1992-2006 Professional negligence litigator at the London office of a large national law firm (partner from 2000).

2006-2021 Litigation partner/ head of dispute resolution at the Oxford office of a regional, latterly national, firm.

2019 Trained and accredited by ADR Group as a Civil and Commercial Mediator.

2022 Duncan Crine Mediation Limited launched.

2023 Associate Member of the Civil Mediation Council.

Duncan remains a member of the Law Society as a non-practising solicitor.

Mediation experience

Duncan has been a mediation enthusiast for well over 20 years, having first acted for clients in mediations in the 1990s when modern civil and commercial mediation was in its infancy. He has gained extensive experience of mediation since then, both in his former practice as a dispute resolution lawyer / mediation advocate and, more recently, as a mediator himself, including:

Construction - £300k+ claim against construction professionals concerning alleged defective materials/design
Litigation - £600k+ claim against a law firm regarding alleged negligent conduct of litigation
Technology - £1m+ breach of contract claim by technology company against against technology manufacturer
Corporate - £5m+ unfair prejudice claim by a company shareholder against other shareholder director
Family trust - £6m+ claim by beneficiaries alleging mismanagement of will trust and family settlement over some 30 years
Property - multiple claims totalling £10m+ arising out of alleged dishonesty in property transactions
Lending - 2-day mediation of managed group litigation involving 100+ claims by a building society against law firms

Dispute resolution experience

In his mediator role, Duncan is able to draw upon unparalleled first-hand experience from his prior practice as a solicitor, where he represented individuals, businesses ranging from SMEs to large multinationals, insurers and insureds, trustees, public sector bodies and charities. This work included:

Parties and practice areas

professional liability claims against solicitors, barristers, surveyors, architects and designers, structural engineers, accountants, IFAs, brokers, land agents and other professionals
commercial and contractual disputes between manufacturers, suppliers, distributors and customers ranging from SMEs to multinationals
property disputes relating to conveyancing, lease renewals, development schemes, easements and rights of way, involving businesses, landed estates, public sector bodies, professionals and individuals

disputed estates, probate, wills and trusts involving charities, professionals and individuals
biotechnology, technology, IT disputes and data misuse
transport, aviation, logistics and telematics
company/corporate deals and transactions
property schemes and construction projects
multi-party and group litigation
regulatory investigations, interventions and prosecutions
insurance policy coverage, disputes and arbitrations

Legal issues

negligence, breach of duty, causation and recoverable loss, mitigation, contributory negligence, loss of chance
breach of contract, covenants, warranties, actual and ostensible authority, confidentiality, undertakings, vicarious liability, misrepresentation, specific performance
breach of trust - express, implied, constructive and 'Quistclose' trusts - and s61 relief
breach of fiduciary duty, conflicts of interest, secret profits
limitation (and standstills), estoppel (promissary, proprietorial and by convention) and waiver
freehold and leasehold property disputes, easements and rights of way, survey valuation and conveyancing errors
shareholder rights and s994 unfair prejudice claims
breach of company directors' duties, misfeasance, preferences, wrongful and fraudulent trading
partner liability, LLP and partnership disputes

mortgage fraud, identity theft, forgery, investment fraud, advance fee fraud, conversion and knowing receipt, dishonest assistance and conspiracy
tax mitigation/avoidance schemes (EBTs, film finance) and FSMA breaches
insurance policy response including professional indemnity, Directors and Officers insurance, ATE, business interruption insurance
insurance coverage disputes including notification, scope of cover, conditions, limitations and exclusions, aggregation, succession, declinature, insurer/insured and insurer/insurer arbitrations, third party rights against insurers, subrogation and subrogated claims
costs issues including budgeting, security for costs, wasted costs, non-party cost orders, CFAs
disclosure including pre-action, non-party and specific disclosure, privilege issues and the disclosure pilot scheme
strike out, summary judgment, preliminary issue trials, injunctive relief, search and seizure orders

Courts and tribunals

High Court London QB (including Commercial Court and TCC)
High Court London ChD (including Business List, Insolvency & Companies List and Property Trust & Probate List)

High Court District Registries
Court of Appeal
County Courts (including Central London CC)
London Court of International Arbitration (LCIA)
Property Tribunals and Solicitors Disciplinary Tribunal