Hamish Fraser

Professional Negligence

Hamish is experienced in advising on claims brought against an assortment of different professionals, including architects and engineers, solicitors, financial advisors, accountants, and insurance brokers. His recent work includes:

• Norman Hay plc v Marsh Ltd [2025] EWCA Civ 58. Appeal concerning the correct test for causation in professional negligence claims brought against insurance brokers alleged to have failed to put in place an appropriate scope of cover (led by Daniel Shapiro KC).
• Hamsard One Thousand and Forty-Three Ltd v AE Insurance Brokers Ltd [2024] EWHC 262 (Comm). Commercial Court trial successfully 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).
• Hamish is presently instructed by professional indemnity insurers of a nationwide law firm which collapsed into insolvency and which is presently being investigated by the SRA. The matter has been widely reported (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.

Selected Cases

Articles

• Waiver of disclosure under the Insurance Act 2015
• Defending W&I claims: strategic themes illustrated in Finsbury Foods v Axis & Ors

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Blogs

• Waiver of disclosure under the Insurance Act 2015

News

• High Court hands down judgment in Clarendon Dental Spa v Zurich [2025] EWHC 267 (Comm)
• Jason Evans-Tovey and Hamish Fraser successful in civil fraud claim in the Chancery Division

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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

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)