“Articulate and a pleasure to work with on every level” Malcolm has a commercial and common law practice principally in the fields of product liability and group actions, commercial and insurance disputes, commercial property, personal injury, health and safety and public and regulatory law.  “Incredibly industrious and with impeccable judgment” he is ranked by the legal directories as a top tier junior for product liability work and is also ranked for his property and personal injury expertise.  “Great on his feet” Malcolm has been appointed to the Attorney General’s panel of junior counsel (A panel) and has acted for the Crown at appellate level including before the House of Lords.  “Commercial, accurate and a strong tactician” Malcolm’s clients include major insurers, financial institutions, product manufacturers and property developers as well as government departments and local authorities.  Malcolm “stands out for his expertise in pharmaceutical products and medical devices” and has been in instructed in many of the leading group actions including the Seroxat litigation, FAC litigation and Motto v Trafigura Limited.  Malcolm “has the complete trust of his clients as they know he is dedicated to their case.”

Product Liability and Group Actions

“Thorough and good on his feet” Malcolm has been instructed in many leading product liability cases and has consistently been ranked as a leading junior for product liability work by all of the leading UK directories.  He is rated in the top tier of leading juniors by Chambers UK and The Legal 500 and is also ranked as a leading junior for product liability work by Legal Experts.
Since undertaking his pupillage with Charles Gibson QC he has gained extensive experience of pharmaceutical product liability claims.  He is currently instructed in the Seroxat Group Litigation (led by Charles Gibson QC and Prashant Popat QC) and has acted for the manufacturers of a number of well-known pharmaceutical products such as Prozac and Roaccutane.  His pharmaceutical experience includes group actions such as the FAC Group Litigation, unitary actions, regulatory work, product recall advice and product testing claims. In this field he acts predominantly for defendants in respect of Consumer Protection Act and other claims brought in respect of a wide range of products.  Malcolm has acted in claims made against the manufacturers of medical devices including breast implants, lip injections and bone replacement implants.
Malcolm is experienced in dealing with contractual and tortious commercial product liability claims including claims relating to packaging and animal vaccines.  In addition to his product liability experience, Malcolm’s experience of the tactics and demands of group litigation has led to him being instructed in a variety of GLO cases including historic abuse and revenue group claims.

Malcolm has particular experience of motor vehicle product liability claims.  He has acted in a series of defective tyre claims and is currently defending multiple claims made against a manufacturer of taxis.   Malcolm has advised on cases involving subject matter as diverse as cinema film development systems, concrete mixer units, PVCu windows and motorcycle component and circuit design.
Malcolm is a contributor to the Kluwer International Product Law Manual and has lectured at the International Centre for Legal Studies Salzburg seminar on international product liability law and at the British Institute of International and Comparative Law food law seminar.

Representative Cases

  • The Seroxat Group Litigation: CPA group claim alleging discontinuation symptoms following use of a leading antidepressant/anxiolytic
  • Motto & Others v Trafigura Limited – the Abidjan Personal Injury Group Litigation: Court of Appeal case concerning effect of group litigation orders on costs
  • The FAC group litigation: CPA group claim alleging injury following use of anti-convulsant pharmaceutical products
  • Sneddon & others v LTI Limited & Others: multiple claims alleging engine defects in taxis
  • Tilda Limited v Alcan Packaging Limited & Another: Commercial product liability claim in respect of rice product packaging
  • Dunlop v Medd Racing: Claim by leading TT motorcyclist in respect of defective wheel design
  • Raine & Graham v T C Debica: Defective tyre claim
  • Deans Foods Limited v. Intervet UK Limited and Poultry Health Services Limited: Commercial product liability claim concerning an animal vaccine
  • Rajkumar & Others v Dunlop Tyres Limited: multi-party defective tyre claim

Property

“Especially good for those cases where you need to put your thinking cap on” Malcolm has specialised in property claims since his pupillage and now has a wide experience of the major property practice areas.  Malcolm’s expertise in this area has been recognised by all of the leading UK legal directories which have consistently ranked him as a leading junior for property/real estate litigation.
Malcolm holds the judicial post of Deputy Adjudicator to the Land Registry dealing with land registration related property disputes.

“Superb where there is a large bundle of paperwork, he can really pare it down the core elements.”  Malcolm has extensive experience of acting in commercial and residential matters for estates, developers, registered social landlords and local authorities.  His practice increasingly features instructions to act on behalf of property developers and he is experienced in advising on overage disputes, land swaps, rectification and covenant enforceability issues.
A “rising star, very technical, who gives very good written opinions” Malcolm’s appointment to the Attorney General’s panel of junior counsel to the Crown has added a public law dimension to Malcolm’s property practice.  He is regularly instructed to act on behalf of the Leasehold Valuation Tribunal and various Rent Assessment Committees to defend judicial review applications and statutory appeals.
Malcolm is the real property editor of Butterworths Civil Court Precedents and he contributed the property law chapter to The Civil Practitioner’s Guide to the Human Rights Act 1988.  Malcolm is a regular speaker at the CLT Commercial Property seminar has also acted as an invited facilitator at the Property Litigation Association Annual Conference.

Representative Cases

  • Sun Life Assurance v Thales Tracs Ltd [2001] 1 WLR 1562: Court of Appeal case concerning payment of compensation on determination of a business tenancy
  • Freshwater Action v Leasehold Valuation Tribunal: Administrative Court claim against Leasehold Valuation Tribunal
  • Grosvenor Estate Belgravia & Metropolitan Police Authority v Secretary of State for Communities and Local Government: Leasehold Valuation Tribunal claim concerning enfranchisement claim
  • Anchor Housing Association v Persons unknown: High Court claim concerning principles applied on enforcing a warrant of execution

Commercial, Insurance and Arbitration

“Robust and a capable negotiator” Malcolm has a wide commercial litigation and arbitration practice with a particular emphasis on insurance disputes often with a product liability, construction or information technology background.  His experience includes domestic and international sale of goods claims, jurisdictional disputes and commercial public law and corporate human rights claims.
“Equally good on paper as he is on his feet” Malcolm is experienced in arbitration acting in ICC and LCIA arbitrations. He is currently engaged in a major LCIA arbitration arising from a systems integration contract.

Malcolm regularly advises on coverage and good faith issues and his experience of group litigation has led to instructions to advise on tactics and costs considerations in commercial group litigation.

Malcolm has lectured widely on product liability insurance issues including aggregation and physical damage to property.  He has contributed the product liability insurance chapter to the Kluwer International Product Law Manual.

Representative Cases

  • Gleeson v. G E Insurance and others: Commercial Court indemnity dispute involving interpretation of a CAR insurance policy
  • Sneddon & others v LTI Limited & Others: multiple claims alleging engine defects in taxis
  • Tilda Limited v Alcan Packaging Limited & Another: Commercial product liability claim in respect of rice product packaging
  • Joyce v Broadgate Syndicates 1301 at Lloyd’s: Indemnity dispute arising in context of accidental death policy
  • Deans Foods Limited v. Intervet UK Limited and Poultry Health Services Limited: Commercial product liability claim concerning an animal vaccine
  • Lakeside Food Group v. Cedrob SA:  High Court international sale of goods dispute subject to the law of Poland.

Personal Injury

“Able to handle difficult situations comfortably whilst understanding the client’s needs” Malcolm has wide experience of personal injury claims including employer’s liability claims involving exposure to asbestos, vibration white finger claims and fatal accident claims involving industrial diseases.  He deals with catastrophic injury claims including tetraplegia and paraplegia claims.

Malcolm’s experience in this area has been recognised by his instruction to act as junior counsel for the Ministry of Justice in the leading House of Lords personal injury limitation case Young v. Home Office & Catholic Care.  This appeal concerning knowledge and the use of the s.33 discretion is one of the leading personal injury limitation decisions.

Malcolm’s specialism in sporting related injuries is reflected in his involvement in a number of motor sport and swimming pool injury claims including Fatal Accident Act claims.  He is also known for his experience of travel claims including group food poisoning claims, holiday accident claims and associated jurisdiction, insurance and costs issues.
Malcolm’s acknowledged expertise in product liability work has led to his instruction in many personal injury product liability claims involving products as diverse as medical devices, pharmaceuticals and baby-strollers.  He has particular experience of claims involving allegedly defective tyres and car and motorcycle wheels.
Malcolm has been instructed in a number of historic sexual and physical abuse group actions.  He has lectured to legal and industry audiences on topics including causation and contribution in negligence, jurisdiction and choice of law in international personal injury litigation, privilege and confidence, costs and public funding.

Representative Cases

  • Young v Catholic Care (Diocese of Leeds) and the Home Office [2008] UKHL 6: Leading personal injury limitation case on knowledge and section 33 discretion in historic abuse claims
  • Motto & Others v Trafigura Limited – the Abidjan Personal Injury Group Litigation: Court of Appeal case concerning effect of group litigation orders on costs
  • The Seroxat Group Litigation: CPA group claim alleging discontinuation symptoms following use of a leading antidepressant/anxiolytic
  • Dunlop v Medd Racing: Claim by leading TT motorcyclist in respect of defective wheel design
  • Raine & Graham v T C Debica: Catastrophic injury defective tyre claim
  • Medomsley Detention Centre historic sexual abuse claims
  • Kirk Levington Detention Centre historic sexual abuse claims
  • Duncan v East Sussex NHS Trust:  High Court claim brought by estate of patient with acute myeloid leukaemia who died after contracting Legionnaire’s disease in hospital
  • Corr v Hooper: High Court Fatal Accidents Act claim brought by widow of a senior executive of a national bank
  • Various v Department of Work and Pensions: Multiple High Court mesothelioma claims alleging workplace exposure

Health and Safety and Regulation

“Solicitors highly recommend the services of Malcolm Sheehan”.  Health and Safety work is an important part of Malcolm’s practice and he is experienced in acting for corporate and individual defendants in health and safety prosecutions, inquests and associated civil claims.  His experience includes acting in health and safety cases where death has been caused and he advises in relation to liabilities under the Corporate Manslaughter and Corporate Homicide Act 2007.
Malcolm acts and advises clients on a range of regulatory matters and has particular experience of food labeling, product safety, pharmaceutical, health supplement and packaging regulations.

Representative Cases

  • R (Health & Safety Executive) v Westwood Yarns: HSE prosecution following fatal accident at work
  • Medicines & Healthcare Products Regulatory Authority v Kanu: Prosecution on behalf of the MHRA in respect of Medicines Act offences
  • Environment Agency v. Harley Davidson Europe Limited: Regulatory prosecution under the Producer Responsibility Obligations (Packaging Waste) Regulations 1997
  • Jackson & Castle v. NHS Regulatory Authority: High Court claim under the National Health Service (General Dental Services) Regulations 1992

Public, Human Rights and Local Government

Malcolm “doesn’t miss a trick” and as a member of the Attorney General’s panel of junior counsel to the Crown Malcolm is instructed and advises on a variety of public law and Human Rights Acts claims.  Malcolm has a particular experience of commercial and property related public law and human rights claims.
Malcolm has been instructed to defend the decisions of a variety of courts and Tribunals including the Leasehold Valuation Tribunal, various Rent Assessment Committees and the county court.

Representative Cases

  • Freshwater Action Limited v Leasehold Valuation Tribunal: Judicial review of two decisions of the Leasehold Valuation Tribunal alleging excess of jurisdiction
  • Dadgarnejad v Home Office: claim by former prisoner alleging breach of convention rights

Inquests and Coronial Law

Malcolm has developed an expertise in inquests and coronial law, particularly in relation to workplace deaths, hospital deaths, deaths in custody and deaths said to involve pharmaceuticals or medical devices.  He is experienced in acting in ECHR Article 2 inquests with an expanded scope.

Representative Cases

  • Re Zahid: death in custody inquest in which allegations of systemic failure and neglect were made and medical causation disputed
  • Re K: hospital death of prisoner with HIV related illness
  • Re Lee: Industrial accident where death occurred while cleaning industrial equipment
  • Re Duffy: Death at work inquest where gross negligence by employer alleged
  • Re Idris: death in custody inquest of foreign national prisoner
  • Re Megson: death of cancer patient who was participating in clinical trials.
  • Young v Catholic Care (Diocese of Leeds) and the Home Office [2008] UKHL 6: Leading personal injury limitation case on knowledge and section 33 discretion in historic abuse claims
  • The Seroxat Group Litigation: CPA group claim alleging discontinuation symptoms following use of a leading antidepressant/anxiolytic
  • Motto & Others v Trafigura Limited – the Abidjan Personal Injury Group Litigation: Court of Appeal case concerning effect of group litigation orders on costs
  • The FAC group litigation: CPA group claim alleging injury following use of anti-convulsant pharmaceutical products
  • Sneddon & others v LTI Limited & Others: multiple claims alleging engine defects in taxis
  • Tilda Limited v Alcan Packaging Limited & Another: Commercial product liability claim in respect of rice product packaging
  • Sun Life Assurance v Thales Tracs Ltd [2001] 1 WLR 1562: Court of Appeal case concerning payment of compensation on determination of a business tenancy
  • Gleeson v. G E Insurance and others: Commercial Court indemnity dispute involving interpretation of CAR insurance policy

Representative Cases

  • Young v Catholic Care (Diocese of Leeds) and the Home Office [2008] UKHL 6: Leading personal injury limitation case on knowledge and section 33 discretion in historic abuse claims
  • The Seroxat Group Litigation: CPA group claim alleging discontinuation symptoms following use of a leading antidepressant/anxiolytic
  • Motto & Others v Trafigura Limited – the Abidjan Personal Injury Group Litigation: Court of Appeal case concerning effect of group litigation orders on costs
  • The FAC group litigation: CPA group claim alleging injury following use of anti-convulsant pharmaceutical products
  • Sneddon & others v LTI Limited & Others: multiple claims alleging engine defects in taxis
  • Tilda Limited v Alcan Packaging Limited & Another: Commercial product liability claim in respect of rice product packaging
  • Sun Life Assurance v Thales Tracs Ltd [2001] 1 WLR 1562: Court of Appeal case concerning payment of compensation on determination of a business tenancy
  • Gleeson v. G E Insurance and others: Commercial Court indemnity dispute involving interpretation of CAR insurance policy
More about Malcolm Sheehan

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