Duncan Wilks

Areas of Specialism

Duncan advises clients on a range of contentious issues relating to property including:

• Lease renewals 
• Dilapidations
• Restrictive covenants
• Easements
• Boundary disputes
• Forfeiture
• Debt recovery
• Adverse possession
• Break rights
• Breaches of contract/lease terms
• Possession claims (both commercial and residential)
• Disputed mortgages and secured loans
• Trusts in land
• Tenants in administration/liquidation

Duncan’s other main area of practice is litigation arising out corporate insolvency and bankruptcy and in particular, transactions at undervalue, preferences, director conduct and trustee possession claims. 

Duncan has extensive experience of broader commercial issues including contractual disputes, debt recovery and professional negligence. 

Recent Client Matters

• Acting for a landlord in a successful application to the Land Tribunal for a declaration of breach of lease owing to the tenant (a housing authority) placing residents in their properties who abused drugs. 
• Acting for a property owner who acquired a large commercial premises subject to an unregistered 999-year lease; brought a successful claim under s.29(1) of the Land Registration Act 2002 for a declaration that the client purchased free of the lease and thereafter recovered possession.  
• Bringing a successful action for forfeiture of a long residential lease owing to the tenant making unauthorised structural alterations.
• Defending a client against a high-street mortgage provider taking sale and possession proceedings; no possession was ordered and the claim was settled.
• Acting for the liquidator of a well-known company bringing a successful claim against a director for breach of fiduciary duties.
• Acting for a defendant company in its successful defence against a multi-million pound claim relating to unpaid commission for investment introductions.
• Bringing possession proceedings (and successfully defending an appeal) against a tenant who used the client’s property for holiday lettings.

Feedback

“Duncan Wilks goes the extra mile. He takes the pressure from your shoulders and happily puts it on his.  He is excellent in his field.”

Legal 500, 2024

“Duncan took over a difficult and complex dispute for me.  He cut through the background noise, identified the real issues and formed a strategy.  He took control and found a solution which resulted in a favourable outcome.” 

Duncan can be contacted by email: drw@deanwilson.co.uk or on his direct dial: 01273 249236.

Partner, Dispute Resolution