Hamish Fraser

Product Liability

Hamish has experience of product liability disputes in contract, tort, and under the Consumer Protection Act 1987, and in both industrial and consumer contexts. His proficiency is enhanced by a broad practice across contractual, clinical negligence, personal injury, and criminal regulatory disputes.

Examples of Hamish’s work include:

• Advising in respect of a fire which had broken out at a residential property as a result of an allegedly defective washing machine.
• Advising and successfully representing at trial a business which was alleged to have hired out defective inflatable play equipment after a child was injured when a bouncy castle suddenly deflated at a school ‘fun day’.
• Successfully defending at trial a claim brought against a car repair garage after a defective turbo charger was installed leading to catastrophic engine failure.

Examples of Hamish’s work during pupillage include:

• Advice in relation to an £2m breach of contract claim by the purchasers of allegedly defective articulated trailer movers after an operator was killed by a crushing injury.
• Assisting preparations for trial of a claim against a manufacturer of pressure regulating valves which had allegedly malfunctioned causing circa £1m damage in a residential property.
• Preparing particulars of claim and advice concerning an allegedly defective washing machine which caught fire causing damage to a residential property.
• Drafting an advice in relation to a claim brought in contract and under the Consumer Protection Act 1987 against a supplier of forestry and agricultural machinery. The claimant was claiming contribution for liability to an employee who had suffered a serious injury whilst using a firewood processor.

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)