About

Duncan Crine brings a wealth of experience to his practice as mediator. Having previously spent over 30 years as a litigator, Duncan understands the process and dynamics of litigation. Calm, approachable and pragmatic, he knows what is at stake for the parties and has a clear focus on reaching a mutually satisfactory outcome.

Background

1991 Qualified as a solicitor at a central London law firm, handling the full range of civil practice.

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

2006-2021 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 first represented clients at mediations in the 1990s, when modern civil and commercial mediation was in its infancy. Since then, he has gained extensive mediation experience in a wide range of cases, including:

Accountant's liability - mediating a £70k+ claim relating to alleged deficient tax and acounting advice
Construction professionals - £300k+ claim concerning materials/design
Litigation - mediating a £600k+ claim against a law firm regarding alleged negligent conduct of litigation
Technology professionals - £1m+ breach of contract claim by technology company against against technology manufacturer
Disputed legal fees - mediating a £1.5m+ dispute over liability for legal fees in context of c£1bn multi-national litigation
Shareholder dispute - £5m+ unfair prejudice claim
Will trust dispute - £6m+ claim by beneficiaries alleging long-term mismanagement
Property claims - multiple claims totalling £10m+ arising out of alleged dishonesty in property transactions
Lender claims - 2-day mediation of 100+ claims by a building society against law firms

Background experience

Duncan is comfortable mediating a wide range of civil disputes. In doing so, he draws upon the insights gained from his previous practice as litigator, including:

Parties and practice areas

professional liability claims (solicitors, barristers, surveyors, architects, designers, structural engineers, accountants, IFAs, brokers, land agents and others)
commercial and contractual disputes (manufacturers, suppliers, distributors, customers, business partners - ranging from individuals to SMEs to multinationals)
property disputes (conveyancing, lease renewals, development schemes, easements, rights of way, landed estates, public sector bodies, professionals and individuals)

disputed wills trusts and probate (beneficiaries, trustees, charities)
technology, computing and data (tech design/delivery, biotech, IT disputes, data misuse)
transport (aviation, logistics and telematics)
company/corporate (deals, transactions, warranties)
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