Malcolm Duthie

Practice Areas

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).

Professional Memberships

PIBA; APIL; AVMA.

Personal

Family, the Highlands of Scotland, fly fishing, music, Oxford United F.C

Career

LLB (Hons); LLM (London).; Called to the Bar 1989