Malcolm Duthie

Viewing: Personal Injury for Malcolm Duthie

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.
Fatal accidents
“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
“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
Notable Cases
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 [2017] 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 [2015]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 [2012]:
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 [2012]:
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 [2011]:
RTA, severe brain injuries and internal injuries. Settlement 4m net of 25% contributory negligence; with Paul Bleasdale QC.
Player v Hart [2011]:
RTA leg and shoulder injuries. Risk of further deterioration/amputation- settlement 500,00.Instructed by Dolmans,Cardiff.
Du-Monte Davies v Bell [2011]:
RTA - brain injury. Settlement 1.5m lump sum plus PPO 125,000 pa; with Chris Bright QC.
Maudlin [2011]:
RTA - brain injury, hemiparesis-settlement: 1.1m lump sum plus PPO 23,255 pa;with Stephen Killalea QC.
Palmer v Nottinghamshire CC [2011]:
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 [2010]:
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 and 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.
Personal Injuries Bar Association
LLB (Hons); LLM (London)