Malcolm B Mcgregor
GENERAL INFORMATION:
Ad Hoc Advocate Depute 2001 - date
Certificate in Employment Law (Heriot Watt University) (1996)
Ll.B (Hons) (Edinburgh) (1990)
Dip.LP (Edinburgh) (1991)
PRACTICE:
Malcolm is experienced in a wide range of civil litigation and came to the Bar having been a solicitor for 5 years. His principal fields of practice include:-
- Personal Injury
- Professional and Clinical Negligence
- Insurance Litigation
- Fatal Accident Inquiries
Since calling Malcolm has established a busy reparation practice in which he acts for both Pursuers and Defenders. His extensive experience in personal injury litigation ranges from industrial injuries (including vibration white finger and asbestos) claims to catastrophic injuries.
Malcolm is frequently instructed in clinical negligence claims representing primarily medical practitioners, including representation at Fatal Accident Inquiries.
He also undertakes professional negligence claims involving solicitors and accountants.
Malcolm has recently been co-opted onto the Committee of the Association of Regulatory and Disciplinary Lawyers.
SELECTED CASES:
Personal Injury
- Mullen v Social Security Commissioner 2002 SC 251 - appellant employed as care officer who required to repeatedly lift and handle - become unfit for work because of back pain - whether Tribunal and Commissioner erred in law in holding that injury resulted from process rather than accident.
- Morrice v Martin Retail Group 2003 SCLR 289 - summons served more than 3 years after accident - claim dealt with by claims handlers who missed triennium - whether equitable to allow pursuer to continue with action.
- Toms v Royal Mail Group 2006 SLT 431 - fatal claim - deceased falling asleep at wheel - whether temporary worker employed - whether defenders knew he was also doing a day job - whether defenders owed a duty of care to deceased - volenti non fit injuria - ex turpi causa.
- Honeybourne v Burgess 2006 SLT 585 - nightclub bouncer assaulted pursuer - bouncer employed by fourth defender who contracted with the second defender (who owned and operated the club) to provide security - fourth defender uninsured - whether at common law and under occupiers' liability the second defender owed and breached duty of care.
Professional and Clinical Negligence
- Dr Julie Mallon v General Medical Council [2007] CSIH 17 - appeal by general practitioner found guilty of serious professional misconduct by General Medical Council - appeal against finding and suspension under s.40 Medical Act 1983.
- Kublin v Fotheringham & Partners 7.11.00, Peterhead Sheriff Court. - professional negligence claim against veterinary surgeon - whether vet negligent in delivery of calf leading to its death and subsequent infertility of prize heffer.
- FAI: Ryan Fulton, 25.2.02 - representing general medical practitioners in inquiry into death of 6 month old child - allegation of failings in medical care.
- FAI: Mary McKee, 4.6.02 - representing former HCI Hospital, Clydebank into death where allegation of toxic overdose by clinicians.
- Barbour v Park Medical Practice, 2007 - representing practice nurse in civil claim in which patient alleged sexual assault.
- Leith v Grampian University Hospital NHS Trust [2005] CSOH 20 - medical negligence action - delay in diagnosis - delay by solicitors - time-bar - whether equitable to allow pursuer's action to proceed.
Other
- Karling v Purdue 2004 SLT 1067 - pursuer convicted of murder acquitted on appeal - whether defender, as an expert witness (pathologist), was immune from suit brought against him on the basis what he said or did in the ordinary course of trial preparation and proceedings was said or done negligently.
- Jason Baker v Parole Board for Scotland [2006] CSOH 31 - prisoner sought reduction of refusal of parole board to grant parole - whether decision was so unreasonable that no reasonable tribunal could have reached it.
- Strang v Churchill Insurance Co Ltd [2006] CSOH 175 - whether fact that the action was brought against the insurers rather than the driver was special cause for withdrawing the case from the jury - The European Communities (Rights against Insurers) Regulations 2002.
PUBLICATIONS AND SEMINARS:
Speaker at Schering Plough seminars for medical practitioners.
PROFESSIONAL MEMBERSHIPS:
- Member of the Association of Disciplinary and Regulatory Lawyers
- Member of the Advocates' Personal Injury Law Group