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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:

  • Representing a firm of insurance brokers in regard to a £4m claim by the insured company alleging it had suffered losses which were not covered by its insurance policy due to the defendant’s negligence in failing to arrange an appropriate scope of cover and/or failing 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 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.
  • Successfully representing at trial a lettings management agency who were alleged to have provided a poor standard of service.

Whilst on pupillage Hamish’s work included:

  • 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.
  • 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.
  • Advice on a circa £10m claim against an insurance broker alleging that insufficient cover was procured so as to indemnify an investment company in respect of a claim brought in the US for alleged breach of fiduciary duty and interference with contract.
  • Drafting defence in an action concerning the tortious duties owed by a placing broker to a producing broker and to the insured.
  • Drafting a defence to a multi-million pound claim brought by a property development company against its solicitors alleging a negligent failure to exercise an option.
  • Drafted defence to a professional negligence claim against a mortgage broker who advised an interest only product.
  • Drafting particulars of claim and advice in relation to a solicitors’ negligence claim after a third party pretended to be the Claimant and defrauded him.

Selected Cases

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  • 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)




  • BPTC (Outstanding), BPP
  • GDL (Distinction), City University
  • English Language & Literature (First Class), University of Oxford

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