My experience is in both contentious and non-contentious financial services work, including disputes, regulatory enforcement, disciplinary action and internal investigations on the contentious side; and on the non-contentious side, perimeter guidance, conduct of business, systems and controls and compliance reviews. I have a particular focus on money laundering and market abuse.
Regulatory work covers clients including broker/dealers, banks, corporate finance providers, financial advisers, individuals and a regulated investment exchange on matters including: Conduct of Business, Market Abuse/disclosure of price sensitive information; systems and controls breaches; judicial review of disciplinary action; personal account dealing and conflicts of interest.
I defend clients under investigation by the FCA, LME and SFO. Coming from a litigation background enables me to consider the wider picture and consequences of any regulatory breach and to deploy evidence gathering skills when investigating regulatory breaches.
Litigation work has included the restructuring of a UAE Sukuk, numerous cases on calculating ISDA early termination amounts, and the leading case on the meaning of the FCA's Client Money rules (which reached the Supreme Court). I frequently act for transaction parties in securitisations.
In 2023 I was appointed a Fee-paid Financial Services Member of the Upper Tribunal, Tax and Chancery Chamber. It hears references of decisions from FCA, PRA, The Pensions Regulator, Bank of England and HM Treasury.
What others say…
Duncan Black: highly motivated, energetic and intelligent – and always on the lookout for an innovative solution through a difficult legal thicket. Duncan Black very quickly ascertains the situation and where the parties stand, who are the appropriate parties and provides advice that is easy to comprehend. He also reaches out to other teams to provide comprehensive advice when needed
Duncan Black is incredibly experienced and instils great confidence. Duncan Black’s advice has been invaluable, guiding us as Directors and legal laypeople through an extremely taxing period with hands-on, practical steps. He asked probing questions and grasped the complex situation we were facing very quickly and helped us address matters in a matter-of-fact, plain-speaking manner. Duncan’s particular strength has been to spend his, and focus our, time on the things that matter. His communications with us have always been to the point and his turnaround time for questions as they arose impressively fast.
Duncan Black offers his clients advice on a wide range of contentious matters related to banking and finance. He regularly handles claims concerning financial mis-selling, derivatives and shareholder disputes. "A great lawyer with outstanding technical and strategic skills." "Duncan kept a cool head throughout the litigation. He kept the clients informed and considered strategies to manage their concerns at the tactics adopted by the opposition."
The scope of knowledge and expertise Duncan Black has in his field of practice is exceptional. But it is his ability to calmly and clearly deliver this knowledge to clients in the form of succinct and logically-structured advice that really makes him unique in the market. This ability combined with his pragmatic and down-to-earth approach makes him our first point of call whenever the need arises