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BARRISTERS > DUNCAN HENDERSON
DUNCAN HENDERSON |
CONTACT |
13-14 Old SquareReception at 14 Old Square
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Duncan Henderson Year of Call: 2003 Areas of practice Duncan’s practice focuses on insolvency, banking and finance, company law, and commercial litigation. Duncan also acts in contentious property, trusts and inheritance matters. Banking and finance Duncan appeared in a ten-day trial in the Commercial Court and in the Court of Appea’ in a dispute involving an international securities investment transaction (Maple Leaf v Rouvroy). He acted for claimants in major litigation in the Chancery Division over the fairness of shared appreciation mortgages. He has advised in relation to domestic and international (Factors Chain International) factoring and invoice discounting agreements. He defended a retail bank at trial in a claim for negligence in relation to cheque payment and clearing services. He is presently involved in a Shari’a investment fund dispute and a dispute over foreign exchange trading. Fraud Duncan successfully defended two directors of a Euronext-listed company in the Commercial Court against allegations of deceit in an investment transaction (Maple Leaf v Rouvroy). Duncan appeared in the Cayman for claimants alleging conspiracy to evade an arbitral award arising out of a failed Sino-US joint venture. Duncan also acted in the TMSF v Demirel litigation in the Cayman Islands, in procedings brought by a banking regulator attempting to establish constructive trusts over assets located in the Caymans. Duncan has recently acted for directors accused of defrauding their company’s factor. Companies and Insolvency Duncan has recently advised the directors of an international jewellery wholesaler in administration, on personal liability and cross-border issues; he appeared for an IVA supervisor in a claim to recover payments made by the debtor to creditors in breach of the terms of the IVA; he appeared for a liquidator in disputes with creditors over a sale of intellectual property; and he has defended directors from disqualification and debtors from bankruptcy restrictions orders. Other commercial disputes Duncan appeared for guarantors in applications for a freezing injunction arising out of security for costs given in prior litigation over leasehold interests in commercial units. He acted in a dispute relating to recruitment outsourcing and obtained an order for security for costs against the claimant. He recently advised on aspects of aircraft wet leases, and is involved in a claim against a pensions adviser for negligent investment advice. He advises on international sale of goods. Trusts, inheritance, guardianship, land Duncan has acted in a number of family disputes involving living and testamentary dispositions. He appeared in the Cayman Islands in an international guardianship dispute involving the powers of a foreign guardian over Caymanian land. Duncan has acted in a range of property matters, primarily mortgage- and landlord and tenant-based. He recently appeared for leaseholders in the Leasehold Valuation Tribunal in a disputed valuation of a freehold reversion; and for a commercial tenant in obtaining ex parte injunctions against its landlord. ` Reported cases Maple Leaf Macro Volatility Master Fund and Another v Rouvroy and Another [2009] 1 Lloyd's Rep. 475; [2009] 2 All ER (Comm) 287 (Commercial Court); [2010] 2 All E.R. (Comm) 788 (Court of Appeal): Claim for breach and claim for deceit - Brussels Regulations - jurisdiction - international securities investment - Financial Services and Markets Act 2000 - Conduct of Business Rules. Tew v BoS (Shared Appreciation Mortgages) No 1 Plc [2010] EWHC 203 (Ch): Consumer Credit Act claims - Group litigation orders - Mortgages - Unfair contract terms Goldemberg v Rotmistrovsky [2007] CILR n8 - guardianship - conflict of laws - powers of a foreign guardian over ward's immoveable property in the Cayman Islands Appointments Duncan was admitted as an attorney in the Cayman Islands in 2006 During Spring Term 2005, Duncan sat as a judicial assistant to Lord Justice Mummery in the Court of Appeal. Publications `Inability to pay debts: where are we now?' (2011) Insolv. Int. 24(4), 54-59 `Unsettling questions', (2008) N.L.J. 158 (7324), 810 'Problems in the Law of Property after Spectrum Plus' [2006] ICCLR 30 'Consumer Credit Reform and Personal Insolvency' (2006) 22(2) Insolvency Law & Practice 62 Memberships Member, Chancery Bar Association
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