Partner

Experience

Malcolm heads up the BWB Dispute Resolution practice and has over 30 years 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 white goods manufacturer on product liability and health and safety issues regarding potential claims and/or prosecution
  • 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, with respect to a 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 supplier on retention of title claims in respect of goods delivered to buyers who subsequent enter into insolvency (administration/liquidation)
  • Advising on enforcement of US judgement for substantial sum in England against English resident judgment debtor
  • Advising on 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 a Ski instructor in a substantial negligence claim brought by a severely injured skier
  • Advising major theatre charity on dispute regarding termination of an agreement, accounting arrangements and breach of IP 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 in 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 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