- Year of Call
- Devil Masters
- Robert Milligan QC
- Roddy Dunlop QC
- Mathew Jackson
Contactduncanhamilton@amadvocates.co.uk 07971 032150 Check Faculty diary
Duncan is top ranked in media law by both the Legal 500 and Chambers & Partners. He is heavily instructed in defamation, privacy and contempt proceedings by BBC Scotland and by national newspapers, commercial broadcasters and high profile individuals.
Duncan’s practice is also focused on clinical negligence, where he receives significant instruction on behalf of medical professionals and health boards. He is also regularly instructed in Fatal Accident Inquiries, including several for the Scottish Ambulance Service.
In public law, Duncan was appointed Standing Junior Counsel to the Scottish Government in 2012. He was recently instructed on behalf of Scottish Ministers as part of the Supreme Court challenge in the case of Miller.
Duncan also maintains a significant practice in personal injury and reparation (where he acts for both pursuers and insurers) and also in commercial law.
He has appeared in several Health & Safety prosecutions.
Duncan was previously a Member of the Scottish Parliament from 1999-2003.
Education & Professional Career to Date
Bar Traineeship, Simpson & Marwick
Part-time Special Adviser to the First Minister of Scotland (2007–08)
Member of the Scottish Parliament ('MSP'), serving on six Parliamentary Committees including the Justice Committee (1999–2003)
MA (Hons); LLB; Diploma in Legal Practice; Kennedy Scholarship to study at Kennedy School of Government, Harvard
- Standing Junior to the Scottish Government (2013–present)
- Legal Member of the Mental Health Tribunal for Scotland (2018–present)
Successfully representing Scottish Ministers in resisting Judicial Review of decision to refuse prisoner ownership of laptop.
Successful representation of paramedic and Scottish Ambulance Service at lengthy FAI arising from death in police custody.
Beroghani v Secretary of State for the Home Department (Inner House, 23rd March 2017, unreported)
Successful challenge on behalf of BBC Scotland to reporting restriction imposed by the Inner House under Section 11 of the Contempt of Court Act 1981.
HMA v Craig Whyte (Glasgow High Court May 2017 unreported)
Appearing for BBC Scotland in first successful motion in Scottish Courts to recall reporting restriction placed on journalists preventing use of live text based social media coverage of High Court criminal trial.
R (on the application of Miller and another) v Secretary of State for Exiting the European Union  UKSC 5
Instructed on behalf of Scottish Ministers in Supreme Court case concerning the triggering of Article 50 in order that the UK might leave the EU and additionally the correct interpretation of the legislative consent procedure of the Scottish Parliament under Section 28(8) of the Scotland Act 1998.
Acting on behalf of the Scottish Ministers in Judicial Review brought by life prisoner
Representing the Health Board at a debate on the question of Personal Injury Trusts in high value Personal Injury claims
Successful representation of the Scottish Ambulance Service at lengthy FAI arising from the death of a patient due to paracetamol overdose
Successful defence of case in negligence brought against professional golfer. Case additionally providing authoritative review of common law liability of sporting participants.
Recent Supreme Court authority on interpretation of key aspects of Contempt of Court Act 1981 and existence and extent of inherent jurisdiction. See previous reports from Inner and Outer Houses at  CSOH 185 &  CSIH 43
PF v Mountain Animals Sanctuary Trust (March 2014)
Appearing for the accused at Health & Safety prosecution
Leading recent Inner House authority on defamation and interim interdict.
Petition of the BBC for Access to Crown Productions in the case of HMA v Kimberley Hainey  HCJDV 10
Media law, privacy and defamation. Landmark ruling in relation to Article 10 right for media to broadcast, and citizen to receive, information relating to the productions lodged in criminal trial
BBC Petrs  HCJ 2
Media law, privacy and defamation. Petition to nobile officium in relation to establishing correct procedure for review of Crown decision in relation to accessing court materials being used in the context of a criminal trial
Inquiry under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 into the sudden death of Mrs Mary MacAuley (February 2012)
Fatal accident inquiry. FAI involving multi-agency review of procedures relating to equipment and emergency support provided by public authorities to elderly, home based clients.
Petition of Her Majesty’s Secretary of State for Business Enterprise and Regulatory Reform  CSIH 80
Public law. Appointed amicus curiae by Second Division seeking to establish the basis upon which company directors might appear without a legal representative in relaxation of the rule in Equity and Law Life Ass Soc v Tritonia Ltd
Public law. High profile judicial review ahead of the 2010 UK general election relating to judicial review of the decision of the BBC to exclude the petitioners from participation in televised leaders' debate
Negligence. Successful appeal on existence of duty of care, assumption of responsibility, the necessary components of the ‘special relationship’ and the extension of the ‘White v Jones’ principle in a Scottish context
Response Handling Ltd v BBC  SLT 51
Media law, privacy and defamation. Important early Scottish challenge in relation to the relative rights to privacy in the context of investigative journalism
Areas of Practice
Publications & Seminars
Media Law, Freedom of Expression and the challenges of Social Media, delivered to John Smith Trust in 2017
Scots Law for Journalists, Rosalind McInnes (Ed.), contributor to 8th edition
‘Can the Union Survive?’, Royal Society of Edinburgh seminar, 2012
‘The Rule of Law, Democracy, Media and Constitutional Change’ – 2012
Seminar, Glasgow University School of Law 2011
‘The legal implications of the future expansion of the powers of the Scottish Parliament’, Scottish Public Law Group Annual Conference 2010
Duncan is ranked as a Band 1 practitioner by Chambers and Partners 2019. The Chambers Directory says of him:
"He is very knowledgeable, quick-thinking and robust in court, while also being very approachable from the clients' perspective."
"He is brilliant and so enthusiastic about the work, as well as being an engaging and persuasive advocate."
Recommended in The Legal 500 in 2016 & 2017
"He has a sharp eye for the issues in a case"
"He wears his considerable intellect with remarkable humility"
Quotes from previous editions of Chambers and Partners:
"He has a media savvy other advocates struggle to match, and has a real gravitas in court"
"He has a good knowledge of the issues and he knows exactly when to argue and when not to."
"An excellent junior, one of the few at the Scottish Bar to have a good deal of media law experience."
“Duncan Hamilton of Arnot Manderson is developing an impressive practice in privacy and defamation law. He has received instructions from a broad range of clients, including broadcasters, newspapers and notable individuals. Sources view him as one to watch in this area.”
“…he has built up a solid reputation for media and privacy disputes, and now represents key media clients such as the BBC. Sources agree that he is 'fluent and persuasive in his oral submissions', and that he exhibits 'a very good knowledge of media law'."