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Hamish Fraser

Call 2021

Property Damage

Hamish welcomes instructions in property damage matters across a broad spectrum of areas, including fire and flood damage, negligent building work, road traffic accidents, and tree root encroachment.

Hamish’s recent instructions include:

  • Drafting Particulars of Claim for owners of a bridge which had been completely destroyed by a motorist who had been swept downstream whilst attempting to cross a river.
  • Successfully representing at trial a firm of motor mechanics who had allegedly destroyed a car engine due to negligent fitting of a turbocharger.
  • Preparing a defence and advice on behalf of a construction company who had allegedly sprayed concrete onto a neighbouring companies’ property causing damage.
  • Representing a local council against a claim in contract and tort alleging the council was liable for possessions which had been stolen from the claimant’s car left in the council-run car-park.
  • Acting for a contractor in relation to a dispute arising out of the construction of a residential extension.

Whilst on pupillage, Hamish assisted with a number of cases including:

  • 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.
  • 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 a defence and advice in relation to a coverage dispute after an insurer refused to indemnify a partnership for flooding damage caused by an automatic sprinkler system in a factory.
  • Written advice in relation to a claim brought by Network Rail against an adjacent property owner after sludge spilled onto the railway causing circa £1m of damage and disruption. Issues included non-delegable duties in the context of an independent contractor defence and potential liability under Rylands v Fletcher.

Selected Cases

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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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Qualifications


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

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