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.
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”.
Areas of Expertise:
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 patients.
Claims involving rare but recognised complications including: fibromyalgia, chronic regional pain, pain amplification and chronic fatigue syndromes, Munchausen’s, MRSA and DVT.
- Fatal accidents
- Fraud/malingering
- Motorsport
Representation:
Malcolm provides representation in all aspects of the litigation process including:
At case management conferences including applications concerning service of proceedings, amendment, limitation, interim payments, specific disclosure, expert evidence, summary judgment, stay and strike out.
CICA:
- Health and safety prosecutions
Coroner’s inquests: Examples of inquests attracting wide, 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)
Recommendations
"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 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."
Legal 500 2022 (Personal Injury)
"Very thorough and astute." "He is absolutely on the ball, takes no nonsense and delivers great results."
Chambers UK 2021 (Personal Injury)
"Extremely persistent on behalf of clients, always pushing for the best outcome."
Legal 500 2021 (Personal Injury)
“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.”
Chambers UK 2020
“Tenacious in court and at mediation.”
Legal 500 2020
“He is very intelligent, articulate and a skilled advocate. He grasps complex issues well and deals with the more challenging clients with considerable diplomacy.”
Chambers UK 2019
“His broad practice includes industrial disease, catastrophic injuries and public liability claims.”
Legal 500 2019
Notable 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
Pace v Swansea City and County Council (Lawtel Recorder Andrew Keyser QC 10.7.07)
Ice on the highway - duties under S41 (1A) Highways Act 1980
Whittall (a minor) v Dudley Group of Hospitals NHS Trust (HHJ Simon Brown QC 29.6.07)
interim payment award of 850,000.
Jones v Interserve PLC (HHJ MacDuff QC 18.7.07)
service of proceedings on insurer permitted
Green v Sunset and Vine and BARC and Goodwood Road Racing Company Ltd [2009] EWHC 1610(QB) (Ouseley J.)
Maserati struck road camera at Woodcote Corner during Revival Meeting. Accident caused by driving of the Claimant
Memberships
Personal Injuries Bar Association
Qualifications
LLB (Hons) LLM (London)
