Hamish Fraser

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.

Recent examples of Hamish’s work include:

• Advice and drafting of the particulars in respect of a fire which had broken out at a residential property as a result of a poorly designed and installed chimney flute.
• Drafting particulars of claim for the 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 alleged to have destroyed a car engine due to the 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.
• 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).
• Assisting preparations for trial of a claim against a manufacturer of pressure regulating valves which had allegedly malfunctioned causing circa £1 million damage in a residential property (as a pupil).
• Written advice in relation to a claim brought by Network Rail against an adjacent property owner after sludge spilled onto the railway causing circa £1 million of damage and disruption. Issues included non-delegable duties in the context of an independent contractor defence and potential liability under Rylands v Fletcher (as a pupil).

Selected Cases

News

• 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

Read more

Articles

• Defending W&I claims: strategic themes illustrated in Finsbury Foods v Axis & Ors
• ClientEarth v Shell: High Court refuses permission for novel climate change action to be brought by ClientEarth against the directors of Shell Plc

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)