Picture of Duncan Aldred

Duncan Aldred


CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
United Kingdom
Languages English, French

Duncan Aldred is a partner in our Banking & Finance team. He works, mainly with banks and insolvency professionals, on contentious matters.

He is highly experienced in advising clients on all aspects of banking law and practice, administrations, provisional liquidations, court-appointed receiverships, injunctions and mediations.  He also advises on non-contentious matters and has helped banks and other clients to deal with a wide variety of sensitive issues. These have ranged from technical legal questions through handling threats of blackmail to dealing with potentially adverse publicity.

Duncan regularly talks on subjects including: Alternative Dispute Resolution, Fraud, Disclosure in Litigation, Legal Professional Privilege, Constructive Trusts, Money laundering and 'Tipping Off'. He has also published numerous articles and has spoken several times at the annual Cambridge Symposium on Economic Crime. He is an accredited mediator and a business coach.

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Duncan Aldred I hold in very high regard, he has a very laid back demeanour, but that conceals a real brain and a real tactical one at that. He is superb at engineering the various stages of litigation and setting up applications and the way proceedings will be steered. I recommend him very highly.


Relevant experience

  • Uncovering what the trial judge described as Britain's biggest mortgage fraud. Operating in London, Hong Kong, Lugano and Dublin at the head of a team of litigation, real estate, regulatory, restructuring and insurance lawyers to design and implement a strategy which included confronting the fraudsmen and succeeded in recovering a bank/client's GBP 750m of lending.
  • Ferrari SpA in what became known as the F1 'Spygate' scandal.  Obtaining and carrying out a search order to seize confidential Ferrari documents from the home of McLaren's chief designer and subsequently representing Ferrari at two meetings of the FIA's World Motor Sport Council, resulting in McLaren receiving a ban from the 2007F1 constructors' championship and a record USD 100m fine.
  • Within 8 hours of being first instructed by a client of CMS Lyon, obtaining and serving a freezing order and trapping funds in the bank account of an internet fraudster. 
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The Court of Appeal has considered the test for implied terms in...
Background The Court of Appeal has reiterated that the starting point for the court when considering the existence of an implied term is to give effect to the parties’ intentions in relation to express terms of the contract.
Wrongful trading claim: Pursue at own cost
Summary The High Court recently handed down the judgment in Ralls Builders Ltd (In Liquidation), Re [2016] EWHC 1812 (Ch). It was held that liquidators and administrators are not able to recover their own costs and expenses of investigating a wrongful trading.