Regulatory risk
Supreme Court clarifies the law on secondary victims in a healthcare setting, UK-wide
11 January 2024
Duncan Batchelor is an insurance litigator at our office in Edinburgh. His practice focuses on complex personal injury cases including clinical negligence, product liability and non-recent abuse claims. He also has extensive experience in professional discipline, professional negligence, human rights and data protection.
Direct Lines
+44 (0) 131 525 8613 duncan.batchelor@clydeco.comMain Office
Edinburgh, Albany House
+44 (0) 131 557 1545 +44 (0) 131 525 8651Regional experience
Full Profile
Duncan qualified in 2003 and became a partner in 2011. He is a member of the Law Society of Scotland Accreditation Panel for personal injury specialists and has acted for clients from the sheriff court to the Supreme Court of the United Kingdom. Duncan has acted in some of the most important personal injury litigation in Scotland in recent years.
He has been recognised for his expertise in both Chambers & Legal 500 legal directorites in the areas of clinical negligence, professional discipline and product liability. He has been described as "very experienced" and "highly regarded” with sources saying “He has a great rapport with clients and is both sensible and realistic.”
Since 2011, Duncan has held extended rights of audience in the civil courts. He leads our annual advocacy course. In addition to court work Duncan also appears before various professional regulators including the MPTS, GDC and NMC. He is a member of the Association of Regulatory and Disciplinary Lawyers and the Forum of Insurance Lawyers. Duncan sits on the Legal Director Selection Committee. He is also training manager for the Scottish practice, a member of the trainee committee and is our Scottish lead for pro bono work.
Experience
Clinical Negligence
Acting on behalf of indemnifiers and insurers in the defnce of clinical negligence cases of all types and values. Representing doctors, dentists, allied professionals, private hospitals and care homes amongst others.
Abuse
Duncan has approximately 20 years’ experience representing organisation and insurers in the defence of claims involving allegations of childhood and elder abuse and neglect.
Representing a core participant and other organisations with leave to appear in the Scottish Child Abuse Inquiry.
Professional Discipline
Representing doctors, dentists, nurses and other healthcare professionals at all stages of fitness to practise proceedings. Successfully representing registrants in the judicial review of regulatory decisions and in statutory appeals.
Human Rights
Acting in defence of large scale group action involving over 500 claimants relating to the handcuffing of prisoners in hospitals and other locations.
Product Liability
Successfully defending a complex product liability claim involving a metal on metal hip prosthesis at first instance, on appeal and before the Supreme Court of the United Kingdom.
Acting on behalf of the manufacturers of medical products in large scale class action arising out of the use of surgical mesh.
Representing the insurers of a cosmetic clinic in group litigation arising from the PIP breast implant scandal.