Professional Negligence
Hamish has experience in claims brought against an assortment of different professionals, including architects and engineers, solicitors, financial advisors, accountants, and insurance brokers. His recent work includes:
- Hamsard One Thousand And Forty-Three Limited v AE Insurance Brokers Limited [2023] (awaiting judgment). Commercial Court trial representing a firm of insurance brokers alleged to have negligently failed to arrange an appropriate scope of cover and to disclose material facts such that the insurer avoided the policy for non-disclosure and misrepresentation (led by Daniel Shapiro KC).
- Representing a firm of solicitors retained in relation to the acquisition of £6.5m of commercial debt. It was alleged that the solicitors had negligently failed to advise about certain title issues which rendered some of the debt valueless (led by Daniel Shapiro KC).
- Representing a firm of insurance brokers in regard to a £5m professional negligence claim. It was alleged that the brokers had failed to arrange appropriate insurance which would have covered damage arising out of a fatal road traffic accident in the US which had involved one of the claimant’s employees whilst travelling on business (led by Daniel Shapiro KC).
- Representing a firm of solicitors alleged to have caused the claimant to lose the opportunity of bringing successful litigation against a well-known delivery company by missing a contractual limitation period. The underlying matter concerned a breach of contract and negligent/fraudulent misrepresentation claim.
- Preparing a defence on behalf of a firm of solicitors who were alleged to have negligently prepared and advised on an option agreement.
- Drafting defence in relation to a claim against financial advisors alleging negligent advice which had caused a multi-million tax liability and loss of investment opportunity (as a pupil).
- Advice in relation to a professional negligence 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).
Selected Cases
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- 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
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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)