Duncan Macpherson
Called to the Bar in 1994
AREAS OF PRACTICE
- Commercial
- Company & partnerships
- Insolvency & restructuring
- Property
- Professional negligence
- Trusts, probate, & estates
Joining Fenners as a Door Tenant in 2023, Duncan advises and represents individuals, clubs, charities, companies, partnerships, and banks in areas ranging from family quarrels to international trade disputes. Duncan is known for his client-focused approach to finding the best practical & cost-effective result available against a complex factual and legal background that often covers several specialist areas and jurisdictions.
Duncan is a fearless advocate before any tribunal, able to turn his hand equally to an urgent freezing injunction as to a complex trial or appeal. He regularly acts as lead or sole Counsel in claims of over £10m (some over £500m) but gives the same attention to disputes of all sizes.
Duncan has considerable experience in acting for claimants and defendants in commercial claims at all levels from pre-action to trial and appeal or negotiated settlement. He is comfortable working as part of team of counsel, leading a team of counsel, and as sole counsel. Many cases involve issues of jurisdiction. Duncan has particular experience in contractual construction (including arbitration and jurisdiction clauses), conflict of laws, and agency contracts.
HIS WORK
- Company & partnerships: Duncan is regularly instructed by shareholders and directors on matters that concern meetings, shareholders agreements, minority interests, directors’ duties, and derivative actions. He also provides advice and representation on partnership agreements and dissolution.
- Insolvency & restructuring: Duncan advises and represents individual and corporate creditors, insolvency practitioners, debtors, directors and shareholders in petitions and applications relating to bankruptcy, insolvency, administrations, voluntary arrangements, and receiverships. Much of Duncan’s work has an insolvency angle.
- Professional negligence: Duncan regularly accepts instructions relating to negligence by solicitors in areas relating to contractual, property, insolvency, and litigation work.
Duncan regularly advises and represents clients in disputes which concern conveyancing, land registration, rights of way and other easements, proprietary estoppel, trespass, adverse possession, mortgages, and undue influence. He also advises and represents landlords and tenants of commercial and residential leases regarding termination, renewals, forfeiture, and breach of covenant. Duncan has experience of working on the Pubs Code and in appeals against arbitrations. Much of Duncan’s work has a property angle.
Duncan regularly advises and represents personal representatives, beneficiaries, and third parties in matters relating to the construction of wills and trusts, due execution, mental capacity, knowledge and approval, and undue influence. His cases often have an international angle. Duncan also accepts instructions relating to claims under the Inheritance Act.
QUALIFICATIONS
MEMBER
- Chancery Bar Association
- Commercial Bar Association
- Franco-British Lawyers Society
- Human Rights Lawyers Association
OTHER
- French (fluent)
- Reviewer and volunteer with Advocate (Bar Pro Bono Unit)
- Chancery Bar Litigant in Person Support Scheme (CLIPS)
