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Duncan Fairgrieve

Call:  2008 Paris Bar: 2002

duncan.fairgrieve@1cor.com

Profile

Duncan Fairgrieve's work encompasses public law, European law, and commercial litigation. He has particular expertise in product liability litigation and mass torts, and has been involved in many of the iconic products cases in England and France (including in the pharmaceutical and medical device sector, chemicals, yachts, automobiles, and tobacco).

He has appeared as a junior before the English Court of Appeal and the Supreme Court.

Duncan was instructed as junior counsel in the landmark Supreme Court case of Michael v South Wales Police [2015] UKSC 2 (led by Nicholas Bowen QC of Doughty Street Chambers) on the tort of negligence as applied to public authorities.

He is currently instructed as junior counsel on another significant case on the tort of negligence before the Supreme Court, to be heard during 2017.

He has also been instructed in significant cases on human rights issues, such as Cheshire West and Chester Council v P [2014] UKSC 19 (Supreme Court case on Article 5 ECHR) and A v Essex CC [2010] UKSC 33 (Supreme Court case on the meaning of Article 2 Protocol 1 right of access to effective education under the ECHR).

Duncan regularly provides expert evidence on English, French and Comparative Law issues in domestic and foreign proceedings, including before the English Court of Appeal and Supreme Court, before the courts in Europe and the United States, as well as many other jurisdictions. Duncan also has experience of offshore litigation, with expertise regarding offshore contract and commercial law, in particular the jurisdiction of Jersey, Channel Islands, where he has taught Jersey and comparative contract law for many years at the Institute of law, Saint Helier.

Since 2001, Duncan has held a post as a Senior Fellow in Comparative Law at the British Institute of International and Comparative Law, London, where he is also responsible for the Product Liability Forum.  As an academic, he has published widely, and his work has been cited extensively by the Courts, including the Court of Appeal, House of Lords and the French Conseil d'Etat. Duncan Fairgrieve is also Professeur Associé at Université de Paris Dauphine in France, and a Visiting Professor at the Institute of law, Jersey.

Duncan also practises as a French avocat before the Paris Bar, from 49 boulevard de Courcelles, Paris, specialising in civil and commercial litigation.

Qualifications

Brasenose College, Oxford (DPhil, MJur)
L'Université de Paris I, Sorbonne (Maitrise)
King's College London (LLB)

Publications

Duncan has published many books and articles in leading journals worldwide, in both English and French, including 18 authored, co-authored or edited books and numerous articles on comparative law topics. He edited the festschrifts for Lord Slynn, and Lord Bingham; the latter was entitled Tom Bingham and the Transformation of the Law and published by OUP in both hardback and paperback, including over fifty essays from distinguished jurists around the world. His book entitled Droits et Libertés en France et au Royaume-Uni, published by French publisher Odile Jacob, was awarded the prestigious Henri Texier Prize by the French Academy. Duncan's latest book is entitled Comparative law in Practice: Contract Law in a Mid-Channel Jurisdiction and was published by Hart Publishing in 2016. He is also the co-author of the 3rd Edition of the OUP book, Product Liability, with Professor Richard Goldberg. His work has been cited by the courts, including judges of the Court of Appeal and House of Lords / Supreme Court as well as Rapporteur Public Seban before the French Conseil d'Etat.

Appointments

French avocat practising from 49 boulevard de Courcelles, Paris.

Senior Fellow in Comparative Law and Director of the Product Liability Forum, British Institute of International and Comparative Law (2001-present)

Visiting Professor at the Institute of law, Jersey.

Member of European Commission Expert Group on the European Product Liability Directive (2004-present)

Significant cases include the following

Michael v South Wales Police [2015] UKSC 2 (led by Nicholas Bowen QC) : landmark judgment on the tort of negligence before specially-convened seven-judge panel of the Supreme Court (negligence of police and Article 2 ECHR).

Cheshire West and Chester Council v P [2014] UKSC 19 (with Elizabeth-Anne Gumbel QC, and Henry Witcomb : Supreme Court case on Article 5 ECHR).

A v Essex CC [2010] UKSC 33 (with Nicholas Bowen QC) : Supreme Court case on the meaning of Article 2 Protocol 1 right of access to effective education under the ECHR (bailii report)

Mobilx Ltd & Calltel Telecom Ltd v HMRC [2010] EWCA Civ 517 (with Michael Patchett-Joyce) : Court of Appeal test case on ECJ Kittel test - knowledge of connection with VAT fraud (bailii report)

X and Y v London Borough of Hounslow [2009] EWCA Civ 286 (with Elizabeth-Anne Gumbel QC, and Henry Witcomb) : Court of Appeal – public authority liability (bailii report)

Neil Martin Limited v HMRC [2007] EWCA Civ 1041 (with Nicholas Bowen QC) : Court of Appeal test case on whether the tax authorities owe a duty of care in tort to the taxpayer (bailii report)

 

 

 
 

Duncan Fairgrieve

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Academic Consultant

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020 7797 7500

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News

Duncan Fairgrieve compiles influential report on Discount Rate as part of MoJ Review
Supreme Court hears appeal in Robinson v Chief Constable of West Yorkshire considering again the Hill immunity and liability for the police in negligence
Duncan Fairgrieve in Supreme Court case on police liability in negligence : Michael v the Chief Constable of South Wales Police
Duncan Fairgrieve in Supreme Court case on Emergency Services liability in negligence

Primary areas of Practice

 
Product Liability
 
Public Authority Liability
Personal Injury
 
Public Law
 
 
European Law
 
French Law