No5 Barristers' Chambers - Excellence is at the heart of everything we do.
Background

Malcolm Duthie

Call: 1989

"Malcolm is excellent at pulling.....witnesses apart." "Malcolm is technically brilliant."

Chambers UK 2024 (Personal Injury)

"The ‘amazing advocate’.....". "Malcolm is a very experienced, passionate and talented advocate. He puts his all into his cases and on behalf of his clients."

Legal 500 2024 (Personal Injury)

"Malcolm is an incredibly able lawyer who is superb at handling the most complex of issues." "He is brilliant with challenging cases and has fantastic attention to detail."

Chambers UK 2023 (Personal Injury)

"Malcolm is very good with both clients and experts and is able to drill into the detail of the case and address the central issues in a way that all clients can understand. His advocacy is meticulous in its preparation and delivery. He consistently performs well in complex negotiations and does not get drawn into needless posturing, always remaining calm and measured when putting the client’s case. He is tenacious and ensures the best possible outcomes."

Legal 500 2023 (Personal Injury)

"He has a great eye for detail and inspires confidence." "Very intelligent and always extremely well prepared."

Chambers UK 2022 (Personal Injury)

Malcolm Duthie specialises in all aspects of high-value personal injury and clinical negligence litigation, involving catastrophic and serious injuries and those injuries resulting in death.

Malcolm is recognised as a leading senior junior and represents both Claimants and Defendants nationally.

Cases in which he has appeared are reported and referred to in textbooks as being cases of importance. He provides representation at Inquests.

Expertise

Personal Injury

Recognised as a leading senior junior in his field, Malcolm specialises in all aspects of high-value personal injury litigation involving catastrophic and serious injuries and those injuiries resulting in death.

He represents both Claimants and Defendants in cases involving employer’s and public liability, road traffic accidents (single or multiple collision and claims involving the MIB), accidents abroad, fatal accident claims and sporting accidents. He also appears at Inquests and CICA appeals.

He has substantial experience in catastrophic injury claims including head and brain injuries affecting adults and children; proceedings on behalf of children and protected parties; Mental Capacity Act issues; spinal injuries including paraplegia and tetraplegia; severe orthopaedic injuries (fractures and soft tissue); internal organ injuries; amputation of upper and/or lower limbs and digits; scarring, burns, electric shock and gross disfigurement; and psychiatric injury (both primary and secondary victim claims).

Cases also include rare but recognised conditions for example fibromyalgia, pain amplification and chronic fatigue syndromes, Munchausen’s, conversion and functional neurological disorders and complications for example CRPS, MRSA, infections, compartment syndrome, vascular issues including DVT and occlusion.

Malcolm is recognised as a leading junior in his field, cases in which he has appeared have been referred to in textbooks, and he has been successful in the Court of Appeal.

Professional recommendations appear below but examples of unsolicited communication directly from clients include:

“My husband and I are beyond delighted with the result and feel extremely grateful that our financial future is now safe. Your work in the negotiations was absolutely brilliant” (Subtle brain injury claim GBP 1.5m)
“a small token of immense appreciation for all of your help with regards Terry’s accident. You were an
absolute star. Such a credit to your profession” (Claimant fell into vat of molten zinc).

Cases in which he has appeared are reported and referred to in textbooks (examples appear in brackets below) concerning employer’s (Milroy v BT [2015]) and public liability (Pace v Swansea CCC [2007]); road traffic accidents (single or multiple collision and claims involving the MIB) (Powell v Auden [2009]); Deighton v Collett [2016]); accidents abroad, fatal accident claims, product liability (Baker v KTM [2017] CA); animals (Cooke v Jackson [1999]) and sporting accidents (Wattleworth v Goodwood [2004]; Green v Sunset & Vine [2009]; Corbett v Cumbria Kart [2013]). Inquests [R v- HM Assistant
Coroner for Camarthenshire and Pembrokeshire[2022].

Notable Personal Injury Cases


Shakespeare -v- Martin [2018] EWHC 2114 (QB)

RTA- motorcyclist filtering


Baker -v- KTM Sportmotorcycle UK Ltd [2017] EWCA Civ 378

A judge had been entitled to find that there must have been a defect in a two-year-old, fully serviced motorcycle which caused the brakes to seize resulting in personal injury to the claimant. The claimant was not required to identity the specific defect to successfully bring a claim under the Consumer Protection Act 1987.


Deighton -v- Collett [2016] EWHC 3842 (QB)

A person injured in a road traffic accident was entitled to continue a personal injury claim against the defendant, despite the fact that another party had already litigated the case. The person injured had not been privy to the proceedings brought by the original claimant as there had been no previous relationship between them, and allowing the claim to continue was not an abuse of process.


Milroy -v- British Telcommunications Plc [2015] EWHC 532 (QB)

A telecommunications company
was liable for injuries sustained by one of its engineers who came into contact with a high voltage power
cable while operating a mobile elevated work platform to access a high-level telephone line. The company
had trained its engineer, but was in breach of statutory duty by communicating significant changes only by
updating electronic documents, rather than to the relevant employees in person, and by providing cursory
follow-up training alongside other unconnected training, which prevented the changes from being properly
understood or absorbed.


Burt -v- Linford Christie [2014] 2 WLUK 252

refusal of court o grant relief to a Defendant who filed a costs budget late.


Powell -v- Auden [2009] EWHC 98 (QCB)

A motorcyclist’s failure to move further to his nearside on seeing an oncoming motorcycle coming round a bend in a road was due to a combination of his inadequate lookout and his inexperience of the road. The ensuing emergency braking which caused him to skid into the approaching motorcyclist’s path was, therefore, his own fault and he was liable in damages to the other injured person.


Pace v Swansea City and County Council (Lawtel Recorder Andrew Keyser QC 10.7.07)

Ice on the highway – first decided case on duties under S41 (1A) Highways Act 1980


Cooke -v- Jackson [1999] 11 WLUK 959

the claimant, who was injured by a dog whilst walking in a
park, appealed against the dismissal of her claim in negligence against the owner of the dog. The claimant argued that, when considering whether liability attached to the defendant who had been cycling ahead of her dog, the judge had applied too narrow a test. By being on her bicycle, the defendant had failed to exercise proper control over her dog and had created a potential hazard to pedestrians.


R (on the applicstion of Patton) -v- HM Assistasnt Coroner for Camarthenshire and Pembrokeshire [2022] EWHC 1377

A coroner’s decision that ECHR art.2 did not require an investigation into the circumstances of the death of a 16-year-old girl pursuant to the Coroners and Justice Act 2009 Pt 1 s.5(2), on the basis that a local authority had not fallen short of its responsibilities to accommodate her under the Social Services and Well-being (Wales) Act 2014 s.76 was quashed, as the coroner had erred in his assessment of the local authority’s duty pursuant to s.76.


Corbett -v- Cumbria Kart Racing Club [2013] EWHC 1362 (QB)

A motor racing club and the organiser of a moped racing event had failed to discharge their duty of care for the safety of competitors when allowing an ambulance to be positioned behind an inadequate tyre barrier at the event. Their breaches were causative of the claimant motorcycle rider’s head injuries when he crashed through the barrier and hit the ambulance.


Green -v- Sunset & Vine and others [2010] EWCA Civ 1441

A judge had been entitled to find on the evidence before him that a racing car driver had simply made an error of judgment which had caused an accident during a race, and that the placing of a “kerb cam” at the point on the track where the accident had occurred was not materially causative of the accident in the sense that the accident would not have happened but for the camera.


Wattleworth -v- Goodwood Road Racing Co Ltd [2004] EWHC 140 (QB)

A motor sports association owed a duty of care to a driver on a racing circuit where it voluntarily adopted an advisory role in respect of the circuit and safety barriers; however, that duty and the common duty of care owed by the circuit proprietors were not breached where it was not proved that the structure of the safety barrier was inappropriate or causative of the fatal injuries on the balance of probabilities.


Sports

Notable Sports Cases


Wattleworth v. Goodwood Road Racing Company Limited v. RACMSA v 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 and Vine and BARC and Goodwood Road Racing Company Ltd [2009] EWHC 1610(QB) (Ouseley J.): [2010] AER (D) 193; [2010] 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 and ors [ 2013] 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.


Knell v Eastwood [June 2018]:

marshal struck by rally car


Staples v ORCi [May 2021] [Stacey J.]:

Banger race at Arena Essex Raceway. C driver alleged he was “followed in” and struck fence. C discontinued after day 1 of trial.


Inquests, Public Inquiries & Coronial Law

Examples of Inquests in which Malcolm has been instructed which attracted national and/or local, publicity in the matters of:

Notable Inquests, Public Inquiries & Coronial Law Cases


Gordon Williams (Dec’d) (July 2003):

collision with ambulance on allegedly defective road (Powys).


Malcolm Craig Lucas (Dec’d) (June 2006): legal executive drowned at 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]


Re DB. [Dec’d] (Feb 2019):

teenager placed in temporary foster care [Haverfordwest].


Clinical Negligence

Malcolm has considerable experience of clinical negligence claims in a wide variety of fields including:

  • Colorectal surgery
  • General surgery
  • Neurosurgery
  • Orthopaedic surgery
  • cauda equina syndrome and spinal injury
  • Accident and emergency medicine
  • Urology
  • Obstetrics and gynaecology
  • ENT
  • Oncology
  • Acquired MRSA

Notable Clinical Negligence Cases


S -v- North East Ambulance Service [2024]

delay in ambulance in attending Claimant woth brain haemorraghe and then a failour to convey C to an appropriate hospital with neurosurgery facilities.


W -v- University Hospitals Dorset NHS Hospitals Trust [2023]

substandard care and treatment during laparscopic nephrectomy, resulting in stoma and multiple severe hernias.


K -v- Hampshire Hospitals NHS Foundation Trust [2021]

failure to diagnose and treat pulmonary embolism and DVT casusing death.


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Malcolm Duthie acts for family of mental health patient ‘not properly supervised’

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"Malcolm is very astute. He grasps incredibly complex issues and is good at explaining these to clients. Nothing seems to faze him. He is not afraid to run tricky cases and his depth of knowledge and approachable manner make him a valued asset to any legal team."


"Very thorough and astute." "He is absolutely on the ball, takes no nonsense and delivers great results."


"Extremely persistent on behalf of clients, always pushing for the best outcome."


"An excellent advocate; he is persuasive in court and expresses himself very well on paper. He clearly has a very sharp mind." "Impeccably prepared and a real fighter, so he’s good to have on your side in a contested issue." "He is methodical and gets to grips with the issues of the case quickly."


"Tenacious in court and at mediation."


"He is very intelligent, articulate and a skilled advocate. He grasps complex issues well and deals with the more challenging clients with considerable diplomacy."


"His broad practice includes industrial disease, catastrophic injuries and public liability claims."


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Related News, Resources and Events

Uncategorised


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No5 Barristers’ Chambers is sponsoring a solicitors’ training day organised by Spinal Injuries Association, a national charity that supports anyone affected by spinal cord injury. The…

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Malcolm Duthie acts for family of mental health patient ‘not properly supervised’

An inquest at Nottingham Coroner’s Court heard this week that Carol Vaughan, 61, who was an informal patient at Millbrook Mental Health Unit in Nottinghamshire,…

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Clerk Team

Geoff Carr

Director of Clerking (London)

geoffc@no5.com

07852 317495

Danny Griffiths

Director of Clerking (Birmingham)

danielg@no5.com

07960 831815

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