Malcolm Duthie

Viewing: Serious Injury for Malcolm Duthie

Malcolm practices exclusively in the fields of personal injury and clinical negligence litigation, with over 27 years’ experience.
Personal Injuries
- Substantial experience in high value catastrophic injury claims arising from industrial, non-industrial and road traffic accidents, including brain and spinal injuries, severe orthopaedic and internal organ injuries, amputation and gross disfigurement, proceedings on behalf of children and protected parties and Mental Capacity Act issues.
- Claims involving rare but recognised complications including fibromyalgia, conversion disorder, CRPS, pain amplification syndromes, Munchausen’s, functional disorders.
- Fatal Accident Act claims.
- Recently successful in the Court of Appeal.
For further and greater detail of experience and areas of work see Personal Injury and Clinical Negligence profiles.
Recommendations
“He is technically brilliant with a good mind for seeing the settlement value of a case. He is tenacious in negotiations and realistic with clients. He’s efficient, reliable and approachable.”
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.”
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
Recent examples in 2018 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 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).
Notable Cases
MA -v- SH [Dec 2017]: RTA
Unrestrained passenger in taxi. Multiple severe injuries including subtle but debilitating brain injury. Settlement at JSM.
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 [ 2014]
Below knee amputation. Settlement following JSM 1.75m
Memberships
Personal Injuries Bar Association