michael duggan

Ever since acting for the construction companies on the Channel Tunnel project in the eighties in obtaining injunctions to restrain unlawful industrial action, Michael has acted in many injunctive cases involving unlawful strikes or other industrial action as well as advising trade unions in relation to the ballot process, most recently the BAJ in a dispute about mass redundancies.

Michael was admitted to the Bar of Northern Ireland in 2008 in order to represent a company in the NICA regarding a strike at Belfast airport, in which the issue was whether shop stewards had been dismissed for ‘political activities’.

Michael also has expertise in appearing before the CAC and in 2010 acted for a company concerning the scope of the bargaining unit and represented the BAJ in its 2009-2010 pay claim which went to arbitration before an ACAS nominated panel, successfully obtaining a ‘binding in honour’ pay rise.

Michael is also currently acting for a number of companies in the Tribunals, defending claims of alleged trade union discrimination in relation to the so called ‘blacklist’ which was kept by the Consulting Association.

He has also acted in cases concerning collective consultation under section 188 of TULR(C)A 1992, most recently in May 2010 acting for a Respondent at Bedford Employment Tribunal in which a whole plant had been closed down with the issue being whether there had been over 99 redundancies in 90 days and whether there had been meaningful consultation. He was Counsel for the successful Appellant in Shanahan Engineering v Unite the Union [UKEAT/0411/09].

Restraint of trade and restrictive covenants is one of the central areas of Michael’s practice. He appears regularly in applications for interim relief both on a without notice and contested basis. He is also an expert in drafting and advising in this field. He has particular expertise in relation to recruitment agency injunctions, financial institutions and injunctions involving computer imaging. His cases include: Taylor Stuart & Co v Timothy Croft (ChDiv) 07.05.97; Turner v Commonwealth & British Minerals Ltd (CA) [2000] IRLR 114; Wincanton Ltd v Cranny & anr (CA - Civil Division) [2000] IRLR 716; Brake Brother v Ungless [2004] EWHC 2799; Intercall Conferencing Services Ltd v Steer [2007] EWHC 519 (QB)
15 March 2007; EE & Brian Smith v Hodson & Ors [2007] EWCA Civ 1210.

Michael acted for the successful Claimant in Kynixa Ltd v Hynes & Ors [2008] EWHC 1495 (QB) (30 June 2008) in which the three Defendants were found to be liable, after a nineteen day trial,  for breach of fiduciary duty and duties of fidelity as well as various covenants. The Claimant obtained costs approaching £1 million after being awarded £350,000 on a successful ‘on account’ application; See the costs judgment of 15^th July 2008. The case has been referred to at length in the leading textbooks as containing important points on the extent of liability for breach of the duty of fidelity.

Michael also regularly advises on the scope and enforceability of covenants as well as drafting appropriate covenants for clients.

Michael has substantial experience of Commercial Agency Contract cases under the 1993 Regulations and was involved in the large scale multi million pounds Enron dispute concerning electricity and gas utilities in which he achieved a substantial settlement for his clients by obtaining a concession that they were commercial agents. He successfully acted in the first case to decide that commercial agents owe a duty of trust and confidence akin to an employment relationship to their Principal: see Gledhill v Bentley Designs (UK) Limited [2010] EWHC B8 (Mercantile). Michael acts for both Principals and Agents in commercial agency disputes.

Michael had acted in a wide range of commercial work including sale of goods, retention of title clauses and professional negligence, especially relating to architects, surveyors and solicitors negligence and specialises in interlocutory work involving freezing and search orders (Marevas and Anton Pillers).
Has also acted in receivership disputes and for building societies in cases involving professional negligence.

In the construction field, Michael has dealt with many Technology and Construction Court cases, including multi-million pound disputes relating to construction defects, extensions of time and disputes under JCT and ICE contracts, Architect and surveyor disputes as well as appearing in arbitrations and, allied to the construction side, have dealt with many health and safety cases (both Civil relating to Prohibition Notices and Criminal prosecutions because of defective plant).

Michael is an accredited Mediator with the ADR Group and can mediate on a wide range of matters. He has mediated cases as diverse as the parties falling out over the sale of a used car to a dispute between a bursar and the Fellows of the College. He has been a regular mediator in employment disputes.  For further information contact his clerks.

He has written many books on employment law including:

• Business Reorganisations and Employment Law (Currently being updated as ‘Business Reorganisations and Employment Law; Reorganisations, Redundancies and Transfers; Law, due Jordans Autumn 2010).

• Unfair Dismissal, Law Practice and Precedents New edition due 2010.
• Family Friendly Policies: A Handbook for Employers and Employees (pp 423)
• Equal Pay (Jordans 2009).
• Duggan on Contracts of Employment; Law Practice and Guidance 3^rd Edition,  2010,  (pp 1200) XPL Publishing with disc.
• Wrongful Dismissal and breach of contract: Law, Practice and Precedents New edition due 2010.