Malcolm Bishop QC
Call date: 1968 (QC 1993)
Areas of Practice
Malcolm Bishop QC has appeared in all Divisions of the High Court and his range of expertise is unusually varied.
When he started in practice solicitors expected counsel to provide a comprehensive service and this habit of tackling diverse areas of the law has stayed with him all his professional life. As a result he has regularly handled commercial, property, landlord and tenant, defamation, trusts and public law litigation. To this background he can add huge experience in court room skills including cross examination in criminal work and the attractive presentation of legal arguments which equips him to provide a service second to none.
Experience & Expertise
Malcolm Bishop is a Deputy High Court Judge, Recorder of the Crown Court, Chair of the Isle of Man Legal Services Commission, a Bencher of the Inner Temple, and Hon. Standing Counsel to Regent’s Park College, Oxford University.
He had a widely based common law practice, which has become increasingly focused on civil work. He has received instructions from commonwealth jurisdictions, and has a strong connection with Bermuda. He is called to the Turks and Caicos Bar. He is currently briefed to lead a team of QCs and juniors in potential class compensation actions for alleged child abuse in Jersey.
He was a member of the Bar Council for many years and has served on innumerable committees and working parties, as well as lecturing widely to regional and national conferences.
Malcolm Bishop is willing to enter into arrangements in respect of conditional fees and direct access.
Current & Recent Work
Re Thermocouple: Chancery Division I.T. dispute about copyright infringement;
Islwyn etc Borough Council v Gwent County Council Q.B. and Court of Appeal. Dispute between 3 local authorities concerning the cost of municipal leisure centre;
South Glam CC) v XY: JR of Sec. of State’s failure to rule on school closure;
R (Gwent CC) v X: JR of school closure;
R (Gurmit Singh Nahal) v Law Society;  EWHC 2186 (QB): powers of Law Society to strike off solicitor;
Gwent Area Health Authority v X: JR of hospital closure;
Chalfont v Rogers: Defamation action by Lord Chalfont against Labour M.P.;
South Glamorgan CC v Secretary of State for Wales. Admin Court. Wide ranging dispute by all the Welsh local authorities against Sec of States amendments to contracts of employment and pension provisions;
Re Duncan: Chancery Division: dispute as to correct interpretation of NHS service agreements;
R (On the Application of Richard Carnell) v (1) Regents Park College, Oxford University (2) Conference of Colleges Appeal Tribunal  EWHC 739 (Admin QBD) (Black J) 7/4/2008;
Education – Administrative Law
R V Chief Constable of the Gwent Constabulary ex parte Champion. House of Lords. Employment rights;
RE LC (Medical Treatment: Sterilisation of mentally handicapped patient);
R v Special Educational Needs Tribunal, ex parte South Glamorgan County Council;
Clients welcome his deep knowledge and wide experience in the law and he is currently advising or hedge funds, compliance issues and money laundering regulations, disputes with HMRC re withholding VAT payments in cases of MTIC fraud, Bermuda based trusts, a leading Irish firm acting class personal injuries litigation.
In the past he has advised on dual carriageways planning consents, swimming pool, projects by local authorities vetoed by HMG, road building public contract disputes, commercial disputes including:
- on the lawfulness or otherwise of the proposal to acquire the City Hall, Cardiff, as a home for the National Assembly,
- the vires of the multi-party scheme to fund the building of the Millennium Stadium,
- the lawfulness or otherwise of proposed action by university lecturers to disrupt the University of Wales’s final examinations,
- the terms of a proposed amendment to a charitable fund to benefit the university,
- the expenses and remuneration entitlement of members of a local authority
- a dispute between a local authority and the B.B.C
- the closures of a number of schools and a hospital
- the lawfulness of the redundancy proposals for local government officials following the reorganisation of local government in Wales etc.
- the terms of a contract between a local authority and a national utility provider
Malcolm Bishop operates an ‘open door’ policy with all his clients. He welcomes open access and an informal professional relationship.
Deputy High Court Judge
Chair, Isle of Man Public Inquiry into Legal Aid Provision