Hamish Fraser

Insurance & Reinsurance

Hamish has a particular interest and specialism in Insurance & Reinsurance disputes and regularly advises and represents insurers and policyholders in a diverse range of circumstances, including: D&O, PI, PL & EL, Product Liability, Cyber and Warranty and Indemnity policy disputes; dealing with insolvent insureds and insurance companies; subrogated recovery claims (including disaster claims); all coverage issues (including non-disclosure, notification, moral hazard, and warranty cases); and issues of scope of cover, such as business interruption.

His recent work includes:

• Clarendon Dental Spa LLP & Anor v Aviva Insurance Ltd & Zurich Insurance Limited [2025] EWHC 267 (Comm). Represented the successful claimant policyholder in its strike out/summary judgment application in a £10m 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).
• 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. The matter proceeded on an expedited basis and settled shortly before trial (led by Daniel Shapiro KC).
• Instructed in relation to a £6m claim under a Kidnap, Ransom & Extortion Policy.
• Instructed as sole counsel to advise in relation to a £1m cover dispute under a Pollution policy following a group action claim environmental claim brought against a factory.
• Instructed as sole counsel in relation to a claim under a business interruption policy arising from COVID-19.
• Instructed to advise Insurers in respect of cover under a cyber-insurance policy following a high-profile cyber-attack (led by Daniel Shapiro KC).
• Representing Insurers in relation to a claim under a medical insurance policy, concerning the efficacy of a novel anti-cancer technology (led by Carlo Taczalski).
• Instructed to advise on coverage under a business interruption policy following substantial flooding at a commercial premises (led by Carlo Taczalski).

Hamish has a particular interest and expertise in disputes involving Warranty & Indemnity insurance. His work in this specialist area includes:

• 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).
• Instructed to advise W&I Insurers in respect of a breach of warranty claim brought by a private equity company after the acquisition of a leading professional training company.
• 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.
• 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.
• Instructed to advise W&I Insurers in respect of a breach of warranty claim brought by a private equity company after the acquisition of a leading professional training company.

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

• Our second six pupils are now accepting instructions
• Hamish Fraser and Colleen Cumbers recognised in the Pro Bono Recognition List 2026

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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

• 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