Partner and Head of Dispute Resolution

Experience

Malcolm heads the BWB Dispute Resolution team and has over 30 years of experience as a litigator advising on a broad range of contentious issues, both in formal dispute proceedings and outside of them. A qualified mediator, he is able to assist in all aspects of the dispute resolution process. He is also a highly experienced Supervising Solicitor.

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
  • Jurisdiction/forum disputes
  • Sale of goods and services disputes
  • Debt collection

Examples of recent work

  • Advising a white goods manufacturer on product liability and health and safety issues regarding potential claims and/or prosecution
  • Advising a charity on fraud by an 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 a director/shareholder of a deadlocked 50/50 property investment and development company, with respect to a dispute with equal shareholders on the range of issues/claims arising
  • Advising hedge fund managers on termination of contracts and on their entitlements under complex inter-related agreements
  • Advising a supplier on the retention of title claims in respect of goods delivered to buyers who subsequently entered into insolvency (administration/liquidation)
  • Advising on the enforcement of a US judgement for a substantial sum in England against an English resident judgment debtor
  • Advising on confiscation proceedings under the Proceeds of Crime Act taken against a husband following criminal conviction, which affected the interests of his wife in jointly owned property; advising as to the wife’s rights in this regard
  • Advising a ski instructor in a substantial negligence claim brought by a severely injured skier
  • Advising a major theatre charity on a dispute regarding termination of an agreement, accounting arrangements and breach of intellectual property rights
  • 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 as lead plaintiff

Qualifications and career

  • Birmingham University, LLB (Hons) Law, 1978
  • College of Law, Lancaster Gate, 1979
  • Articled at Durrant Piesse, 1979
  • Admitted as a solicitor, 1981
  • Partner at Lovell White Durrant, 1987
  • Partner at Hobson Audley, 1990
  • Partner at Bates Wells Braithwaite, 2000

Pro bono, memberships and appointments

  • Member of City of London Solicitors Company
  • Member of London Solicitors Litigation 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
  • Member of The Commercial Litigation Association
  • Member of The Commercial Fraud Lawyers Association