Hamish Fraser

Construction & Engineering

Hamish’s experience in this area is complemented by his exposure to insurance disputes, professional negligence claims against engineers and surveyors, and employers’ liability claims in the context of construction contractors.

Examples of Hamish’s work in this area include:

• Advising the employer under a JCT design & build contract for the construction of a large residential care home. The pipes in the care home had failed, causing substantial damage.
• Acting for a contractor in relation to a dispute arising out of the construction of a residential extension.
• Preparing a defence and advice on behalf of a construction company who had allegedly sprayed concrete onto a neighbouring companies’ property causing damage.
• Preparing an advice in relation to a claim brought by Network Rail against structural engineers after improvements works allegedly caused a landslip which derailed a train causing substantial damage and serious personal injury. Valued at supra. £10 million (as a pupil).
• Preparing advice on the contractual interpretation of a major infrastructure contract awarded by the City of Westminster council in relation to a dispute over the value of the work completed (as a pupil).
• Written advice in relation to a claim brought by Network Rail against an adjacent property owner after sludge spilled onto the railway causing circa £1 million of damage and disruption (as a pupil).

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)