Duncan Heath > Chambers of James Pickering KC > Leeds, England > Barrister Profile

Duncan regularly represents Insolvency Practitioners and private individuals faced with insolvency proceedings. His extensive property and contentious trusts practice makes him ideally placed to advise Insolvency Practitioners on the composition of the insolvent estate and third party interests in the same.

His work typically extends to: applications to set aside statutory demands, bankruptcy petitions, applications to restrain winding-up petitions, administration applications, clawback proceedings (misfeasance, TUV, preferences, s.423 IA 1986) and the like. He is also experienced in dealing with cross-border issues such as COMI disputes and recognition applications.

Duncan has a burgeoning commercial practice, which has recently seen him instructed against Leading Counsel on several occasions.

Recent work includes:

• Appearing against Leading Counsel to overturn a summary finding of dishonestly assisting a breach of trust in a commercial transaction.
• Appearing against Leading Counsel in a dispute about the beneficial owner of shares in a Sri Lankan company and whether a loan had been assigned.
• Acting for a claimant seeking restitution against the defendant who had received a payment into its bank account following a fraud being perpetrated on the claimant via Nigeria.
• Acting in a claim for breach of warranty on the sale of shares in a dental practice.
• Representing Lincoln City Football Club in the 3 day trial of a claim brought by a former England international footballer (issues arising – unjust enrichment, restitution, ostensible authority of agent).
• Appearing at trial for a Company to successfully enforce a personal guarantee given in a trade credit application form.
• Appearing at first instance and on appeal against leading Counsel to oppose a bank’s application for a stay on grounds of abuse of process because the borrower had issued similar claims in England and Ireland;
• Representing a German client in a freezing injunction application, in which third parties claimed ownership of the frozen monies.