Malcolm Duthie - Personal Injury
Malcolm practices exclusively in the fields of personal injury litigation and clinical negligence, acting for both claimants and defendants.
In personal injury work, he has a significant case load and has a wide experience of all aspects of industrial and non-industrial personal injury litigation.
Public and Employer’s Liability: claims relating to highways, Occupier’s Liability Act, Animals Act; construction sites, factories and offices; accidents occurring at prisons, hospitals, shopping precincts, gyms, riding stables, playgrounds, swimming baths, hotels, public houses, nightclubs and airports; accidents abroad;
Road Traffic: single or multiple collisions and claims involving the MIB.
Disease: Work-related upper limb disorder, mesothelioma, lung cancer, asbestosis and other asbestos-related injury, HAVS; deafness, including acoustic shock; workplace stress including violence at work, harassment and bullying; occupational asthma including extrinsic allergic alveolitis and other respiratory disorders; dermatitis.
Catastrophic injury claims: brain injury and spinal injuries, amputation and gross disfigurement; proceedings on behalf of minors and/or protected parties; Mental Capacity Act issues.
Claims involving rare but recognised complications including ie
fibromyalgia, conversion disorder, chronic regional pain, pain amplification and chronic fatigue syndromes, Munchausen’s, MRSA and DVT.
TB –v- PMA Logistics [May 2017]: accident at work when hook struck young claimant who suffered permanent blindness in one eye. Bespoke moulded ocular prosthesis fitted although the prospect of future enucleation could not be excluded. Settlement following JSM.
Baker –v- KTM Sportmotorcycle UK Ltd  EWCA Civ 378: manufacturer found liable under the Consumer Protection Act 1987 in circumstances where Claimant thrown from motorcycle after brakes unexpectedly seized. Court of Appeal upheld first instance decision.
RN –v- DN and others [March 2017]: teenager ejected from Orbitor Extreme fairground ride at Knebworth, sustaining severe injuries including laceration of the aorta and multiple fractures. Settlement achieved against uninsured Ds.
ZS –v- H [Dec 2016]: RTA. Fractured left ankle, peroneal palsy, foot drop, leading to fusion surgery which failed to provide any real benefit, resulting in decision to undergo trans-tibial amputation. Claims for loss of earnings, prosthetics (BIOM foot), care and accommodation. Settlement at JSM pre discount rate review.
Deighton –v- Collett [Jay J on appeal from HHJ Denyer QC LTL 21/4/16]: multiple collisions in one RTA. Whether a C is permitted to bring a separate action after another party had already been to trial.
Baker -v- KTM Motorrad [8.5.15 Lawtel]: manufacturer found liable under the Consumer Protection Act 1987 when Claimant thrown from motorcycle after brakes seized.
DW -v- HJ (2015): RTA. Brain injuries resulting in borderline vegetative/minimal awareness state. Settlement £900,000 gross lump sum and PPO of £120,000 pa., approved by Master Leslie; with Gerard Martin QC
RS –v- AA [March 2015]: pedestrian RTA, brain injuries. Settlement of liability 76/24% and damages £2.1m gross, approved by Wilkie J.
Milroy ( a protected party)–v- British Telecommunications Plc EWHC 532 Davis J.(also Lawtel/Lexis): hoist operative sustained severe electric shock injuries, including brain injury, on coming into contact with live 11Kv overhead power lines. Employers found liable and 1/3rd contributory negligence.
S –v- W [Jan 2015]: brain/psychiatric injury to teenager thrown from bonnet of car during horseplay. Liability, causation and quantum issues. JSM settlement £750,000.
M –v- B [Oct 2014]: below knee amputation. Settlement following JSM £1.75m
PB –v- NR [June 2014]: RTA subtle brain injuries and psychological effects. Retained earning capacity. Settlement £800,000.
Michael Anthony Burt V. Linford Christie [LTL 10.2.14]
J-v-M (Northampton CC Oct 2013): acted for 17 year old who stepped out of a moving taxi, sustaining brain damage. Liability contested. Finding of primary liability against the taxi driver with 2/3rds contributory negligence.
Ayaz (2013): lower limb amputation. Early JSM settlement £1.34m
Robbins v Highways Agency v EnterpriseMouchel : RTA on A30 during extreme wintry weather on the A30 Cornwall/Devon-47 accidents. This the only claim brought. C sustained severe fractures. No loss of earnings. Liability denied. Settlement £85,000.
O’Hara v MIB : paraplegia and brachial plexus injuries. Evidence that all other passengers in the car knew it was stolen and/or driver disqualified. JSM settlement £2.25m.
Bowles : RTA, severe brain injuries and internal injuries. Settlement £4m net of 25% contributory negligence; with Paul Bleasdale QC.
Player v Hart : RTA leg and shoulder injuries. Risk of further deterioration/amputation- settlement £500,00.Instructed by Dolmans,Cardiff.
Du-Monte Davies v Bell : RTA - brain injury. Settlement £1.5m lump sum plus PPO £125,000 pa; with Chris Bright QC.
Maudlin : RTA - brain injury, hemiparesis-settlement: £1.1m lump sum plus PPO £23,255 pa;with Stephen Killalea QC.
Palmer v Nottinghamshire CC : brain injured driver- car skidded on excessive and loose grit/stones on highway. Settlement- 45% apportionment in favour of C and lump sum of £788,000; with Paul Bleasdale QC.
Clarke v Bovis Homes : bricklayer fell from scaffolding in high winds. Settlement £200,000.
Jaciow v BMW (2010): severe crushing injury to leg, including fractures and venous and artery damage. Settlement at JSM £775,000.
Gregory v Bragg (2010): Collision between two motorcycles during Isle of Man TT "Mad Sunday". Leg amputation. Liability & quantum issues. Settlement at JSM £900,000.
Powell v Auden (2009 EWHC 98 (QB))( Sir Robert Nelson):
collision between two motorcycles on country road. Severe multiple injuries and brain damage.
Marshall v BMW (Nov '08): severe crushing injury to leg, including fractures and venous and artery damage. Settlement £450,000
Rowney v Smith (Nov '08): leg amputation, minimal claim for loss of earnings. Settlement £750,000.
Clamp v Angel (June 2008): RTA brain and psychiatric injuries- settlement £900,000. Instructed by Berrymans Lace Mawyer; with Stephen Grime QC
Lisa Gunn v MIB ( 2008): RTA - untraced driver. Fractured spine resulting in incomplete hemiplegia. Settlement by agreement: Lump sum £1.5m and periodical payments of £66,000 p.a.
Aitken v Johnson's of Henley ( 2007): RTA involving motorcycle and bus. Claimant sustained very severe brain damage. Issues of liability and quantum. Significantly reduced life expectancy. Future care funding issues concerning local authority and PCT.
Jones v Interserve PLC (HHJ MacDuff QC 18.7.07): service of proceedings on insurer permitted.
Whittall (a minor) v Dudley Group of Hospitals NHS Trust (HHJ Simon Brown QC 29.6.07): interim payment award of £850,000.
Pace v Swansea City & County Council (Lawtel Recorder Andrew Keyser QC 10.7.07): Ice on the highway – duties under S41 (1A) Highways Act 1980.
Coroner’s inquests: Examples of inquests attracting wide, or at least local, publicity in the matters of:
Gordon Williams (Dec’d) (July 2003) – collision with ambulance on allegedly defective road (Powys).
Malcolm Craig Lucas (Dec’d) (June 2006) – legal executive drowning in Swansea Marina/River Tawe (Swansea).
Ian Glyn Jones (Dec’d) (April 2007) – refuse operative crushed by roller shutter door (Cardiff)
Barinder Lal (Dec’d)(Oct ’13): death in Sauna at leisure centre [Gravesend]
Rachel Douglas(Dec’d)(Nov ’14): teenager placed with foster carers [Peterborough]
Mrs Carol Vaughan(Dec’d) (Jan ’15): voluntary mental health patient [Nottingham]
Re S.B. [Dec’d] (June ’15) - teenager placed with foster parents. [Milford Haven]
Wattleworth v (1) Goodwood Road Racing Company Limited; (2) RACMSA; (3) FIA (2004) EWHC 140 (QB): acted on behalf of the Goodwood Motor Racing Circuit, brought by widow of Deceased whose Austin Healey collided with the circuit’s tyre barrier.
Johnson v. Brands Hatch Leisure Limited and Others (2005) HC QB Division): accident at Barn Corner, Cadwell Park during Aprilla RS 250 Championship. The Claimant struck a
recticel foam barrier and rebounded onto the track.
Rees v. British Racing and Sports Car Club (8th/9th March 2007 Luton County Court): accident at Brands Hatch when a Lotus sports car overturned during a towing operation.
Brown v Leisure Motorsports Services Ltd ( Newcastle County Court 5/6.2.08): Corporate activity day quad bike accident.
Leat v Portsmouth Motocross Club Ltd ( Swindon County
Court 11/12.6.08): BSMA Team event. Claimant riding 250cc motorcycle. Trackside rope became entangled within rear wheel. Motorcycle halted in mid-air. Fractured spine.
Douglass v Premier Events ( Newcastle CC 4.6.08):
corporate activity day quad bike accident
Hyde v Darley Moor Road Racing Club Ltd ( Telford CC 14.11.08):
test day, older boy on larger motorcycle collided with younger less experienced Claimant
Green v Sunset & Vine and BARC and Goodwood Road Racing Company Ltd  EWHC 1610(QB) (Ouseley J.)  AER (D) 193;  EWCA 1441:
Maserati struck road camera at Woodcote Corner during Revival Meeting. Accident caused by driving of the Claimant.
Hunter v Cusses Gorse [2011-Winchester CC] - moto cross incident when Claimant struck by a following bike. Fractured spine.
Mercer v Countrywide Special Events v BAE [ Guildford CC 7.11.11] - corporate day. C. injured driving a "Snoo-kart". Issue of responsibilites of organiser versus employer.
Corbett v Cumbria Kart Racing Club & ors  EWHC 1362: collision between side-car outfit and ambulance; with Graham Eklund QC
Starmer –v- Trent Raceway [December 2017]: banger race collision. Claim discontinued shortly before trial. Issues with regards to costs and unreasonable conduct ongoing.
LLB (Hons); LLM (London)
Personal Injuries Bar Association
"He is excellent with clients and has a calm head in vigorously contested cases."
Band 2 – PI Chambers UK 2018
Chambers UK 2018
‘He has in-depth knowledge of complex neurological issues.’
Ranked: tier 1
Legal 500 2017
"He has an excellent work ethic, great attention to detail and is very good with clients." "He has a strong approach to negotiation and a focus on truly representing his clients." "An intelligent, articulate and a skilled advocate."
Chambers UK 2017
‘An excellent advocate.’
Legal 500 2016
A highly experienced junior with significant expertise in cases involving catastrophic injuries. Instructing solicitors value his dedication to cases and skilled advocacy.Strengths: "He is immaculately prepared every time and stands out for his fighting spirit." "He has a phenomenal memory for case law. He is very approachable and good with clients, yet is ruthless at cross-examining." Recent work: Represented the defendants against claims brought by a young girl injured by a roof tile dislodged by wind in conditions that may have allowed the use of Act of God defence.
Chambers UK 2016
‘A real detail man – his focus on evidence is always impressive.’
Legal 500, 2015
A senior junior with extensive experience in complex personal injury claims. Interviewees praise his tenacious approach and his ability to work well with clients. "His attention to detail is second to none." "He is one of the best senior juniors on the Midland Circuit, and is always thoroughly prepared."
Chambers UK 2015
'Solid, dependable and knowledgeable.’
'A great asset in complex cases.'
Legal 500 2014
He is widely regarded both within the region and nationally as a leading senior junior for high-value catastrophic work. Instructing solicitors on both the claimant and defendant sides note his meticulous preparation and courtroom advocacy.
"He's solid - he's very good on his feet and you can guarantee however much stuff you send him he'll read every single page."
"He's sharp and supremely knowledgeable about a number of areas. In a difficult and complex case nothing's too much for him."
Chambers UK 2014
Malcolm Duthie is ‘a formidable junior in the personal injury field’.
Legal 500 2013
Malcolm Duthie has a broad personal injury practice which includes high-value multi-track claims and niche expertise in motor racing accidents.
Chambers UK 2013
"exceptionally good with clients".
Chambers & Partners 2012
"an intimidating negotiator and cross-examiner," who is "well liked by instructing principals and clients alike." They appreciate his "tremendous work ethic and attention to detail."
Chambers & Partners 2011
has "the ability to pass on complex information to even the most difficult client in a way that they understand and respect." Fellow barristers note that he is a "formidable advocate" whose attention to detail is second to none.
Chambers & Partners 2010
He has been recognised as a leading junior, being described in Chambers UK as "industrious and conscientious" and in the Legal 500 as "gets to the heart of the issues in a case very quickly, highly academic, intelligent, a skilled advocate both on paper and in person."