Work Department

Personal Injury

Position

Recognised as a leading senior junior, Malcolm specialises in all aspects of high-value personal injury and clinical negligence litigation involving catastrophic and serious injuries. Cases in which he has appeared are reported and referred to in textbooks (examples appear in brackets below). He represents both Claimants and Defendants nationally in cases involving employer’s (Milroy v BT [2015]) and public liability (Pace v Swansea CCC [2007]); road traffic accidents (single or multiple collision and claims involving the MIB) (Powell v Auden [2009]); Deighton v Collett [2016]), accidents abroad, fatal accident claims, product liability (Baker v KTM [2017] CA); animals (Cooke v Jackson [1999]) and sporting accidents (Wattleworth v Goodwood [2004]; Green v Sunset & Vine [2009]; Corbett v Cumbria Kart [2013]). Inquests (R. (on the application of Patton) v HM Assistant Coroner for Carmarthenshire and Pembrokeshire [2023]) and CICA appeals. Claims involving brain and spinal injuries including paraplegia and tetraplegia; severe orthopaedic injuries (fractures and soft tissue injuries); internal organ injuries; amputations; scarring, burns and gross disfigurement; and psychiatric injury (both primary and secondary victim claims). Cases also include rare but recognised conditions including fibromyalgia, pain amplification and chronic fatigue syndromes, Munchausen’s, conversion and functional neurological disorders. Substantial experience in clinical negligence e.g. recent settlements in excess of £1m (epidural abscess/paraplegia).

Education

LLB (Hons); LLM (London).

Mentions

Midland Circuit • Regional Bar

Personal injury

LEADING JUNIORS1

Malcolm Duthie – No5 Barristers’ Chambers ‘Malcolm is a very experienced, passionate and talented advocate. He puts his all into his cases and on behalf of his clients.’