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.
• 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.
• Instructed as sole counsel for the defendants in a multi-million unlawful means conspiracy action arising from the alleged diversion of company assets to fund an Irish commercial property portfolio.
• Instructed to advise a claimant alleging 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.
• 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; warranty and indemnity claims

Hamish has a particular interest and specialism in breach of warranty claims and/or claims under Share Purchase Agreements. His work in this area includes:

• 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 given in the share purchase agreement. Hamish’s clients succeeded on every issue after a two-week trial (led by Daniel Shapiro KC).
• Instructed by the purchasers of a group of transport logistics businesses in relation to a £4m claim for breach of warranty (as sole counsel).
• Instructed to advise W&I Insurers in respect of a breach of warranty claim brought by a media business in relation to the acquisition of an entertainment business. It was alleged that its CGI assets were not suitable for commercial broadcast in breach of warranty in 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.
• Instructed to advise W&I Insurers in respect of a breach of warranty claim brought by a private equity company in respect of its 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.

General contractual/commercial disputes

• NST Worldwide v World Snooker. Hamish is instructed by the Claimant in this sports competition dispute. Hamish’s client 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).
• Instructed (as sole counsel) by the defendant national retailer in a £1.7m dispute arising out of alleged breach of a waste management contract.
• Advising in relation to a £0.5m contractual dispute relating to a commercial property development.
• 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 a well-known international courier company for the failure to deliver shipments of products to France causing the loss of a commercial million-pound 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.
• 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.
• 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.

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.

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.

Selected Cases

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)

News

• Hamish Fraser interviewed by Advocate in relation to pro bono work at the Bar
• Our second six pupils are now accepting instructions

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Articles

• Forever Chemicals: Litigation, Liability and Insurance Coverage
• Waiver of disclosure under the Insurance Act 2015

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Blogs

• Waiver of disclosure under the Insurance Act 2015

Events

• Carlo Taczalski and Hamish Fraser to speak at BILA on 10th June
• Crown Office Chambers at The National Pupillage Fair 2024

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Qualifications

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