Hamish Fraser

Personal Injury

Hamish has broad experience advising, drafting and acting on personal injury matters.  He appears regularly in the County Court on behalf of defendants and claimants on small claims and fast track matters.  As a pupil, he assisted members of Chambers on a variety of personal injury matters including in respect of psychiatric claims as a secondary victim, and claims under the Fatal Accidents Act 1976, the Occupiers Liability Act 1957, and the Protection from Harassment Act 1977.

Examples of his recent work include:

• Preparing a defence on behalf of the owner of two dogs which were alleged to have knocked over a person walking in a London park, causing a broken leg and hip. Claim brought in negligence and under the Animals Act 1971.
• Advising a company running catering services at an Army base in Germany in relation to a claim brought by an Army chef alleging he was attacked with a knife by one of the company’s employees.
• Representing at trial a driver who had pulled out of a junction into the path of a speeding motorcycle causing fatal injuries to the motorcyclist and minor injuries to the pillion passenger. Liability split 25:75 in favour of the defendant driver.
• Advising and successfully representing at trial a hirer of inflatable play equipment after a child was injured when a bouncy castle suddenly deflated at a school ‘fun day’.

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)