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Hamish Fraser

Call 2021

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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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)

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