Duncan McGill

Partner

Duncan specialises in commercial litigation and dispute resolution with a focus on insurance, medico-legal, construction and insolvency. He provides advice in advocacy matters before courts at all levels and a broad range of tribunals and is also an experienced participant in all forms of alternative dispute resolution.

In the insurance sector Duncan advises insurers and insureds on indemnity and defence issues with a particular focus on professional liability claims. He acts for a broad range of professionals including architects, engineers, accountants, lawyers, real estate agents and construction industry participants.

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As a medico-legal specialist he represents a range of health professionals including doctors, nurses, physiotherapists, psychologists and dentists, in relation to complaints and disciplinary matters before the Health and Disability Commissioner and professional registration boards. Duncan has appeared in numerous hearings before the Health Practitioners Disciplinary Tribunal and the Coroner’s Court and also acts for numerous primary health organisations, charitable trusts, private hospitals and rest homes.

In the construction sector Duncan advises construction professionals and companies in relation to construction contract and payment disputes and has been involved in numerous leaky and defective building claims.

Duncan also advises receivers, liquidators and secured creditors in relation to insolvency matters, including representation in relation to voidable transactions claims, director’s duties, priority and security issues and recovery matters.

Recent highlights

  • Advising the insurers of a government agency charged with breaches of the Health and Safety at Work act in relation to the Whakaari/White Island disaster.
  • Acting on instructions from insurers for a national roading construction company in respect of a health and safety prosecution following an employee fatality.
  • Acting on instructions from insurers for a leading architectural firm in the defence of negligence claims relating to a high-rise apartment building in Tauranga (claim of $45m).
  • Acting for a clinical nurse manager at Coroner’s inquest into the suicides of two patients at a mental health unit at Palmerston North Hospital.
  • Acting on a range of instructions from insurers for various health professionals in respect of complaints and disciplinary matters before the Health Practitioners Disciplinary Tribunal and the Health and Disability Commissioner.

Insights

Current trends of cyber risk in New Zealand – the role of risk management and insurance

19 September 2022

Chambers and Partners - Insurance & Reinsurance 2024 New Zealand chapter

23 February 2024

Tanya Wood features in Sparke Helmore's 2023 Construction Update

20 December 2023

We're driven by our values

They drive our client relationships and connections with our community, and underpin our achievements.

He tāngata

  • Board member of the Justitia Mutual Association Inc.

Excellence

  • Recognised as a Leading Individual for insurance in the Legal 500 Asia Pacific legal directory

Enterprising

  • Member of Auckland Medico-Legal Society.
  • Member of Construction Law Society of New Zealand.
  • Member of NZILA.

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