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Brodies LLP

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Duncan Mawby

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Brodies LLP

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Duncan specialises in the representation of healthcare and other professionals before their professional regulators, in disciplinary proceedings and before the civil and criminal courts.

An experienced advocate, Duncan regularly represents doctors and dentists in fitness to practise proceedings, conducting professional disciplinary hearings before the General Medical Council and General Dental Council. He has also represented pharmacists before the General Pharmaceutical Council and accountants before the Chartered Institute of Public Finance & Accountancy.

Duncan has acted on the instructions of the three main medical defence organisations for a considerable number of years, is one of the Medical & Dental Defence Union of Scotland’s leading external panel solicitors and has extensive experience of defending doctors and dentists in clinical negligence claims in the Court of Session and the Sheriff Courts, as well as in NHS disciplinary proceedings.

A former legal advisor to the Health & Safety Executive, Duncan has represented employers in health and safety prosecutions and has broad insurance and employers liability claims experience.


Duncan is a member of the Association of Regulatory and Disciplinary Lawyers (ARDL) and the Health and Safety Lawyers Association (HSLA).



Scotland: Insurance

Medical negligence: defender

Within: Medical negligence: defender

Brodies LLP acts in a wide range of claims, including ophthalmology, deaths in custody, aesthetic surgery and medical device implantation. Clients include medical institutions, equipment manufacturers and individual medical professionals. Elena Fry co-leads the practice alongside Duncan Mawby, who joined from BTO Solicitors LLP in September 2017. The firm is defending a number of class actions for suppliers of pelvic mesh and metal on metal hip implants. It also represents several insurers in cases involving insured practitioners facing complex medical negligence claims and fatal accident inquiries.

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Personal injury: defender

Within: Personal injury: defender

Brodies LLP has ‘one of the best teams on the local market’, which is led by Elena Fry, who is ‘extremely sharp, pragmatic and has a commanding presence’. The group represents self-insured businesses and public bodies in the range of personal injury claims and is on the panel for a number of major insurers operating in Scotland. The team has a strong anti-fraud offering, and regularly acts for insurers in defending against fraudulent claims. Highlights included successfully defending a Scottish Housing Association against a class action brought by tenants and former tenants in relation to a variety of neurological and psychological symptoms allegedly arising from solvent contamination from the foundations of their properties; a claim that was subsequently defended at appeal. The ‘vastly experienced’ Duncan McLean is ‘methodical and instils confidence in his ability to deal with whatever he is given’, and has a particular focus on maritime claims. Malcolm Mackay is another key practitioner; Duncan Mawby joined from BTO Solicitors LLP and Peter Demick left the team for Kennedys Scotland in September 2017, whilst Craig Watt joined the practice in March 2018 from CMS.

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Legal Developments by:
Brodies LLP

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    Planning obligations 1 (formerly agreements), which restrict or regulate the use or development of land, perform a crucial function within the planning system. In Scotland in particular, where the community infrastructure levy has not been adopted, the planning obligation continues to be the primary mechanism for the delivery of much needed local and regional infrastructure through developer contributions, often involving very significant sums. 

    - Brodies LLP

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