Duncan Sinclair

Background

About Duncan Sinclair

Barrister specialising in competition law, public law (judicial review), procurement and State Aid and (downstream/onshore) energy regulation and related commercial disputes. My practice includes environmental issues (predominant area of pro bono work). I keep a deliberately broad practice spanning most areas of challenges to/faced by public bodies or commercial disputes between parties (e.g. large contract and/or tort disputes, procurement law or competition law) typically but not always in heavily regulated sectors (energy, pharma, telecoms). Ranked as a leading practitioner in Chambers and Partners, Legal500and who’s who legal for Energy/natural resources and EU/Competition Law with extensive experience in judicial review, procurement law, commercial disputes, and regulation. Recent cases and instructions include (Updated April 2020)- High Court judicial reviews Completed including QASA, Drax Energy, Solar Panels (Friends of the Earth v SSECC), RWE v Ofgem, Solar Century v SSECC; British Gas v Pentair; Shimbles v BMDC; a JR in relation to breach of legitimate expectation arising from representations of a regulator, Gravis v Ofgem JR- CAT (Competition Appeals Tribunal) claim for damages (settled favourably); an ongoing instruction by the NHS for damages in a 'pay for delay' infringement (Lundbeck v Commission decision by ECJ given following AG Kokott and transfer to the CAT)- Acting in the Skyscanner Appeal against decision of the OFT/CMA - advising on procurement law and acting in High Court (TCC) procurement disputes (3 cases settled one went to preliminary issues determination)- Lead lawyer on the largest (now second largest) abuse of dominance (competition law) case in the UK - Acting as external counsel for the Competition and Markets Authority in its Market Investigation (energy) 2015-17- High Court (chancery) stand-alone competition law damages claim - intervening for a competition authority - Advising on regulatory and enforcement issues for companies under investigation including the first contested procedure against npower (reducing the penalty to half the proposed original) 2019 and some 10 settlements- 3 contract dispute cases between suppliers and industrial customers in the High Court (one settled, 2 ongoing (value of claims from £2m into tens of millions)- Advising on renewable energy subsidy schemes and disputes including statutory appeals (7 successful appeals in 2018-2020) and changing ‘minded to’ decisions on several occasions