Hamish Fraser

Commercial

Hamish regularly advises companies and individuals across a broad range of commercial disputes. Examples of Hamish’s work include:

Civil Fraud

• Groen & Ors v Heath[2024] EWHC 1654 (Ch): Representing the claimant group of angel investors in a complex, investment-related civil fraud claim (led by Jason Evans-Tovey). Following a three week trial in the Chancery Division, Hamish’s clients successfully proved that they had been induced by numerous fraudulent misrepresentations to invest in a marketing software company by the then CEO, including in regard to the functionality of the company’s technology, its customers, and the company’s financial forecasts (led by Jason Evans-Tovey).
• Astra Global v Iyer Narayan: Instructed by the Defendant in respect to an international fraud claim against a Dubai banker alleged to have misappropriated £170m from his client’s accounts (led by Ben Quiney KC). The claim is brought in fraudulent breach of fiduciary duty, deceit, conspiracy, unjust enrichment, dishonest assistance and knowing receipt.
• Reeves v Reeves & Curnock [2023] EWHC 73 (Ch): Representing the claimant in the contempt of court proceedings in relation to allegedly false statements made in previous legal proceedings. Useful guidance provided by the court on the test for permission to bring committal proceedings (led by Clifford Darton KC).
• K&N Finishers Limited v Willis: Hamish represents the Claimant company in its claim for unjust enrichment and restitution in respect of c£0.5m transferred to a consultant under contracts which were alleged to have been procured under duress and/or caused by the tort of intimidation.  This includes a claim for restitution on the basis of both economic and lawful act duress, based on the relatively new principles set out by the Supreme Court in Times Travel (UK) Ltd v Pakistan International Airlines Corp [2021] UKSC 40.
• LCCA v Shao: Sole counsel instructed in relation to a claim for fraudulent misrepresentation arising out of the purchase of PPE from China during the Covid-19 pandemic. After service of Hamish’s trial skeleton argument, the claimant organisation discontinued the claim at the door of Court.
• Hamish is sole counsel acting for the claimant who alleges that his property was unlawfully and fraudulently transferred to his daughter by way of her forging his signature on various deeds and/or fraudulently misleading him as to the effect of the deeds whilst he was on strong drugs for cancer treatment.
• Sole counsel instructed to advise on potential causes of actions in company, contract and tort law, including for fraudulent misrepresentation and fraudulent trading, directly against the directors of a well-known construction firm which had unexpectedly entered into liquidation after its directors had made misleading market statements.

Shareholder disputes, warranties and indemnity claims

• Finsbury Food Group Plc v Axis Corporate Capital UK Ltd [2023] EWHC 1559 (Comm). Commercial Court trial representing the successful defendant W&I insurers who underwrote the £20m acquisition of a food manufacturing business. The buyer of the business claimed under the W&I policy on the basis of alleged breaches of a number of warranties under the share purchase agreement. The defendant insurers succeeded on every issue after a two-week trial (led by Daniel Shapiro KC).
• Instructed to advise Insurers in respect of a breach of warranty claim brought by a media and entertainment business after it had acquired another entertainment business but alleged that its CGI assets were not suitable for commercial broadcast in breach of warranty in the share purchase agreement.
• Instructed to advise Insurers in respect of a breach of warranty claim brought by a private equity company after the acquisition of a leading professional training company.  It was alleged that the number of participants on training courses had been exaggerated in breach of warranty under the share purchase agreement.
• Advice in relation to an alleged breach of a share purchase agreement in relation to a private equity backed acquisition of a pharmaceutical company.

Asset Recovery, Interim Applications and Enforcement

• Hamish is frequently instructed in relation to interim applications, including for pre-action disclosure, security for costs and summary judgement and/or strike out.
• He is currently instructed as sole counsel in relation to enforcement proceedings for a £1m judgment debt arising out of a civil fraud claim.

General contractual/commercial disputes

• NST Worldwide v World Snooker – Hamish is instructed by the Claimant in the Competition Appeals Tribunal. In that action NST alleges that there are breaches of competition law in the regulation and promotion of professional snooker, including that World Snooker has abused its dominant position and been party to anti-competitive behaviour (led by Ben Quiney KC).
• Representing a sports professional bringing contractual claims against a governing body due to his exclusion from competitions on the basis of allegedly defamatory social media posts.
• Advising and drafting particulars of claim to enforce a without prejudice settlement agreement made in relation to a defamation claim.
• Representing a well-known shoe manufacturing brand to successfully bring a debt claim against a retailer.
• Representing a fertility clinic against a contractual claim brought by a staffing agency alleging they had employed a nurse directly in order to avoid contractual fees.
• Successfully defending at trial firm of estate agents against a contractual claim that they had failed to repay a commitment fee to a prospective tenant.

Sale of Goods and Services 

• Instructed in relation to a claim against the manufacturer of an allegedly defective electrical component which caused a substantial fire at a pub and restaurant.
• Instructed in relation to a claim against a well-known international courier company for the failure to deliver shipments of products to France causing the loss of a commercial contract with a client.
• Instructed in relation to a claim against the manufacturer of an allegedly defective ‘misting system’ at a care home village which caused flooding and substantial damage.
• Preparing defence and advice in a sale of goods dispute concerning allegedly defective steel rolls which were manufactured in Germany, including advising on difficult jurisdictional issues.
• Advice in relation to an £2m sale of goods claim by the purchasers of allegedly defective articulated trailer movers after an operator was killed by a crushing injury.

Company and Insolvency

• Representing a holiday park company in an insolvency dispute resisting an application by creditors to place the company into administration.
• Advising on potential causes of actions in company, contract and tort law directly against the directors of a well-known construction firm which had unexpectedly entered into liquidation after its directors had made misleading market statements.
• Advisory work pertaining to the presentation of a winding up petition by a creditor to a construction firm.

Professional Services

• Norman Hay plc v Marsh Ltd [2025] EWCA Civ 58. Appeal concerning the correct test for causation in professional negligence claims brought against insurance brokers alleged to have failed to put in place an appropriate scope of cover (led by Daniel Shapiro KC).
• Hamish is presently instructed by professional indemnity insurers of a nationwide law firm which collapsed into insolvency and which is presently being investigated by the SRA. The matter has been widely reported (led by Daniel Shapiro KC).
• Representing a firm of solicitors retained in relation to the acquisition of £6.5m of commercial debt. It was alleged that the solicitors had negligently failed to advise about certain title issues which rendered some of the debt valueless (led by Daniel Shapiro KC).
• Representing a firm of solicitors alleged to have caused the claimant to lose the opportunity of bringing successful litigation against a well-known delivery company by missing a contractual limitation period. The underlying matter concerned a breach of contract and negligent/fraudulent misrepresentation claim.
• Preparing a defence on behalf of a firm of solicitors who were alleged to have negligently prepared and advised on an option agreement in relation to commercial property.

Insurance Contracts

• David Wood Baking (UK) Limited v QBE & Ors (Comm): Representing the policyholder in a c£100m insurance coverage dispute arising out of a substantial fire at a commercial premises. Insurers purported to avoid cover on the basis of alleged breaches of conditions in the insurance policy. The matter proceeded on an expedited basis and settled shortly before trial (led by Daniel Shapiro KC).
• Clarendon Dental Spa LLP & Anor v Aviva Insurance Ltd & Zurich Insurance Limited [2025] EWHC 267 (Comm). Representing the successful claimant policyholder in its strike out/summary judgment application in a £8m coverage dispute. The Court held that the Defendant insurer had impliedly waived disclosure of matters which it had relied upon as entitling it to avoid the policy in full such that its defence had no real prospect of success and was struck out (led by Ben Quiney KC).
• Finsbury Food Group Plc v Axis Corporate Capital UK Ltd [2023] EWHC 1559 (Comm). Commercial Court trial representing the defendant W&I insurers who underwrote a £20m acquisition of a food manufacturing business. The buyer of the business claimed under the W&I policy on the basis of alleged breaches of a number of warranties under the share purchase agreement. The defendant insurers succeeded on every issue after a two-week trial (led by Daniel Shapiro KC).
• Drafting particulars in relation to a coverage dispute after insurers declined to provide an indemnity for fire damage at a commercial premises due to an alleged breach of occupancy conditions.

Selected Cases

News

• Crown Office Chambers longlisted in four categories at Legal Cheek Awards 2025
• Our second six pupils are now accepting instructions

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Articles

• Waiver of disclosure under the Insurance Act 2015
• Defending W&I claims: strategic themes illustrated in Finsbury Foods v Axis & Ors

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Blogs

• Waiver of disclosure under the Insurance Act 2015

Events

• Crown Office Chambers at The National Pupillage Fair 2024
• Crown Office Chambers Pupillage Open Evening

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)