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
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
“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
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.
Memberships
Personal Injuries Bar Association
Qualifications
LLB (Hons)
LLM (London)