Malcolm Duthie

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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
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.
- 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)
“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
“He is excellent with clients and has a calm head in vigorously contested cases.”
Chambers UK 2018
“He has in-depth knowledge of complex neurological issues.” Ranked: tier 1
Legal 500 2017
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.
Personal Injuries Bar Association
LLB (Hons)
LLM (London)