Malcolm joined 3 Hare Court in 2020 after defending in the biggest case in the history of the Commonwealth lasting five years to date.
It involved the prosecution for corruption and money laundering by the former premier and some cabinet members of the Turk and Caicos Islands government. There were over 200 witnesses and hundreds of thousands of exhibits. This case played to his strengths of advocacy and dexterity with words. “The art of the advocate is to persuade. His tools are words” he says, “He uses them to make his case sometimes deploying the rapier, sometimes the blunderbuss, his aim is to get the court onside and to look favourably on his case.” His approach with meticulous preparation has been spectacularly successful over the years.
Malcolm has appeared in all Divisions of the High Court, the Court of Appeal and the Supreme Court/Privy Council 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.
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 and has advised a leading Dublin firm on potential class compensation actions for alleged child abuse in Jersey.
Malcolm is willing to enter into arrangements in respect of conditional fees and direct access.
Clients welcome his deep knowledge and wide experience in the law. He has advised on hedge funds, compliance issues and money laundering regulations, disputes with HMRC re withholding VAT payments in cases of MTIC fraud, Bermuda based trusts, professional negligence etc.
Malcolm Bishop operates an ‘open door’ policy with all his clients. He welcomes open access and an informal professional relationship.
In August 2020, Malcolm sat down with Robert Rinder (aka Judge Rinder) for the New Law Journal, where they spoke on mentors, diving into Greek translations and restoring the office of the Lord Chancellor. The full conversation can be viewed in the New Law Journal here.
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
R (B) v Gloucestershire CC
Child care, parent’s right of appeal
Burston v Rawlins
JR of magistrates taxation of costs
R v Governor of Brixton prison ex parte Marais  EWHC Admin 1051
Extradition application of Act to South Africa
R (C) v Regent's Park College, Oxford  EWHC 739
Judicial review of order of Conference of Colleges Appeal Tribunal
R (South Glam CC) v XY
JR of Sec. of State’s failure to rule on 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
R (Robinson) v Sutton Coldfield Magistrates Court  EWHC 307 Admin
New guidance on hearsay and bad character evidence
In Re The Earl of Cardigan V Moore et al
Trust dispute on behalf of the Earl of Cardigan
Innumerable opinions and advices on all aspects of education, child care and public law matters for many local authorities particularly in South Wales and South West England.
R v Wood CA  EWCA Crim 1305
Involuntary intoxication in murder cases
R v Jabber
New guidelines on permissible inferences
R v Carmona: CA  EWCA Crim 508
Article 8 and deportation rules; permission to appeal to the House of Lords granted
R (Sezek) v Sec. of State for Home Dept. CA  EWCA Civ 795
Judicial Review, Article 8 and deportation
R v SENT ex parte South Glamorgan CC
Admin civil procedure
R v Ali: Court of Appeal Crim Div. Hughes LJ, Roderick Evans J and HH Judge Gordan: 18 Feb. 2011
Guidance on ‘steps to verdict’ directions
R v Ali
Court of Appeal Crim. Div Thomas LJ, Saunders and Sweeney JJ Important decision on autrfois acquit in the airline terrorist case: leave to appeal to Supreme Court under consideration
Ludsin Overseas Ltd v Shadrin and the Hon Charles Balfour et al
Allegations of fraudulent misrepresentation between Russian oligarchs
Throughout his extensive and multi-faceted practice Malcolm Bishop has been involved in numerous public inquiry and related work. Apart from domestic inquests he has represented public bodies on several high profile planning inquiries such as the elevated dual carriageway, part of the M4 configuration into Swansea.
His work in parliamentary boundary inquires saw him acting for the leader of a national political party. Additionally he chaired the Isle of Man Commission of Inquiry onto the provision of legal aid in the Crown dependency. With the assistance of a panel of experts he authored a well received report aimed at increasing access to justice.
Re M and H  2 FLR 431
Re: Birmingham CC
R (Champion) v Gwent CC
Judicial Review of Chief Constable’s disciplinary powers
R v Ireland and Burstow
Crime ingredients of assault
France and v Vessel v Attorney General of Jamaica
Pro bono criminal appeal
Malcolm is able to accept instructions directly from members of the public, companies and other entities through the public access scheme (also known as direct access). Malcolm has acted, advised and drafted pleadings and documents for a number of individuals and small and medium sized businesses on a direct access basis. He is happy to accept instructions on a direct basis in appropriate cases. If you wish to instruct Malcolm on a direct basis, please speak to the clerks.
For more information on public access, please see the Bar Council website.