Qualifications and Experience
• Bachelor at Law (LLB Hons. – 2:1) Birmingham University 1978
• College of Law, Lancaster Gate 1978-1979
• Articled at Durrant Piesse 1979-81
• Admitted as a Solicitor in 1981
• Partner at Lovell White Durrant 1987-1990
• Partner Hobson Audley 1990-2000
• Partner Bates Wells & Braithwaite since 2000

Practice Areas
Malcolm advises a range of clients, including companies and their directors, individuals, charities and not for profit organisations, trusts and trustees, on a variety of contentious issues such as:
• Contractual and tortious disputes
• Professional negligence claims
• Fraud, asset tracing and recovery
• Insolvency (both corporate and individual)
• Banking and mortgage disputes
• Shareholder disputes
• Partnership disputes
• Construction and engineering disputes
• Warranty claims
• Contested probate and legacy disputes
• Health and safety and corporate manslaughter
• Product liability
• US class action/UK Group Litigation
• Passing off and intellectual property disputes (not patent)
• Jurisdiction/forum disputes
• Sale of goods and services disputes
• Debt collection

Recent and ongoing matters include
• Advising charity on fraud by internal financial officer; including obtaining urgent interim freezing order to prevent dissipation of assets, and obtaining judgment and a charging order over property to secure judgment, interest and costs;
• Advising director/shareholder of deadlocked 50/50 property investment and development company re dispute with equal shareholder on range of issues/claims arising;
• Advising hedge fund managers on termination of contract and on their entitlements under complex inter-related agreements.
• Advising white goods manufacturer on product liability and health and safety issues regarding potential claims and/or prosecution;
• Advising supplier on retention of title claims in respect of goods delivered to buyers who subsequent enter into insolvency (administration/liquidation);
• Negotiating agreement between competing Claimants involving assignment of debt and reversal of company out of liquidation;
• Advising executor on sale of public house and adjoining premises, where restrictions apply and potential issues of valuation arise;
• Advising group of charities as beneficiaries under a Will where a threat of challenge to the Will terms and to legacies by relative of deceased exists;
• Solicitor’s negligence claim for failure to properly advise in conveyancing transaction leading to loss of deposit and other sums;
• Advising on proceedings commenced in UK against BVI company and where interim injunctive relief obtained in the UK; jurisdictional issues arise and application to challenge jurisdiction made on the basis that appropriate forum and governing law that of a US state;
• Advising on enforcement of US judgement for substantial sum in England against English resident judgment debtor;
• Advising client on proposed Group Litigation action arising in respect of shared appreciation mortgages where substantial sums potentially repayable. Consumer Credit issues arise;
• Advising former major shareholder of company on validity of dividends paid whilst a shareholder and related claims;
• Advising re confiscation proceedings under the Proceeds of Crime Act taken against husband following criminal conviction which affected the interests of his wife in jointly owed property; advising as to wife’s rights in this regard;
• Advising board of directors in respect of the health and safety legislation and corporate manslaughter, their obligations and risks and identifying a strategy to minimise the risk of action against them and the company;
• Advising a Ski instructor in a substantial negligence claim brought by a severely injured skier;
• Advising pension fund trustees on US Class Action and whether to become a Plaintiff or not following significant loss as a result of share investments made; advising as to risks and obligations in acting a Lead Plaintiff;
• Advising major theatre charity on dispute regarding termination of an agreement, accounting arrangements and breach of IP rights.

Other
• Member of City of London Solicitors Company, London Litigation Solicitors Association, CEDR and ADR Accredited Mediator, Member of the Professional Negligence Lawyers Association.
• A contributor on insolvency matters to Jordan's “Business Law – A Guide for Entrepreneurs” (2007) and Jordan’s “Charities Trading and the Law” (2009), both written by BWB lawyers.