Hamish Fraser

Clinical Negligence

Seats with Farrah Mauladad KC and David Myhill during pupillage means Hamish has had exposure to clinical negligence cases in a range of different areas.

Examples of Hamish’s work in this area include:

• Drafting the Defence for an NHS Trust alleged to have negligently performed a caesarean section leading to mobility and urogynaecological issues.
• Drafting the Defence for an NHS dentist alleged to have negligently undertaken the extraction of a tooth leading to an oral-antral communication and sinusitis.

Whilst on pupillage his work included:

• Advice in relation to a claim brought against an NHS Trust alleging a negligent failure to refer him for HIV testing.
• Advice in relation to a claim brought against a dental practice after allegedly negligent dental care led to the development of severe periodontal disease and a brain abscess.
• Preparing a defence against a claim in relation to an alleged failure to diagnose haemophilia before a knee operation which led to serious complications and an above knee leg amputation.
• Advice on behalf of an NHS Trust on the prospects of bringing a claim against a funeral services company who had failed to return the ashes of cremated children to their parents, resulting in claims for psychiatric harm being brought against the NHS Trust. Complex issues of limitation and duties in bailment and tort considered.
• Defence on behalf of a GP in relation to a claim brought by the estate of a deceased woman alleging a negligent failure to identify signs of congestive heart failure.
• Preparing a defence and counter-schedule in relation to a claim against an NHS trust for secondary psychiatric harm allegedly caused by witnessing their partner’s deterioration in health in hospital.
• Preparing a skeleton argument defending an application for wasted costs brought against an expert witness in a clinical negligence trial.

Selected Cases

News

• Daniel Shapiro KC and Hamish Fraser act for the successful Defendant in a Commercial Court trial brought against a firm of insurance brokers.
• Daniel Shapiro KC, Caroline McColgan and Hamish Fraser acted for the successful Insurers in the first warranty & indemnity insurance claim to be decided by the Commercial Court

Read more

Articles

• Defending W&I claims: strategic themes illustrated in Finsbury Foods v Axis & Ors
• ClientEarth v Shell: High Court refuses permission for novel climate change action to be brought by ClientEarth against the directors of Shell Plc

Qualifications

• BPTC (Outstanding), BPP
• GDL (Distinction), City University
• English Language & Literature (First Class), University of Oxford,

Awards

• Buchanan Prize for outstanding performance on the BPTC (Lincoln’s Inn, 2020)
• Advocacy Scholarship (BPP, 2019)
• Tancred Scholarship (Lincoln’s Inn, 2019)
• Winner, the Crowther Shield for public speaking (Lincoln’s Inn, 2019)
• Winner, the Crown Office Mooting Competition (2018)
• The Janet Quigley Prize for Middle English studies (Lady Margaret Hall, Oxford, 2016)