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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 very 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

Duncan is able to draw upon unparalleled first-hand experience from his prior practice as a solicitor across a very broad range of civil and commercial disputes including:

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 disputes and contract litigation 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

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