Lincoln's Inn
Hamish is a forceful and effective cross-examiner who believes in taking a thorough and direct approach to his cases, quickly getting to grips with the key points and issues involved. His style when dealing with lay clients and instructing solicitors is friendly and approachable and, as a result of his time spent practicing as an in house advocate with a solicitors firm, he has a particular understanding of the dynamics of the relationship between clients and their legal team, especially where the day to day running of cases is concerned.
Hamish’s practice is wide-ranging, encompassing a mix of personal injury and general civil litigation work. His experience of court work includes involvement in fast and multi-track trials, interim hearings and detailed assessments of costs. In addition, he has expertise when it comes to the drafting of statements of case, skeleton arguments and advices on merits, quantum and tactics.
Following Bar School, Hamish spent 8 years working as in house Counsel at Lyons Davidson. He completed his pupillage at St John’s Chambers, Bristol, under Richard (now His Honour Judge) Bromilow.
Qualifications:
Undergraduate Degree
LLB (EU) Hons Leicester (1997 – 2001)
Certificate in German Law - Johann Wolfgang Goethe Universität, Frankfurt
Post Graduation Qualifications
Bar Vocational Course (University of the West of England) (2001 – 2002)
Experience:
Personal Injury
Hamish has significant experience in a variety of cases. He has dealt with a number of low velocity impact and credit hire cases. Particular emphasis whilst at Lyons Davidson on road traffic act work but has experience of employer’s and public liability cases.
Subrogated Recoveries
Whilst at Lyons Davidson, Hamish worked alongside a large subrogated recoveries team. He has significant experience of all aspects of such work including product liability, subsidence, tree roots, drains and negligent contract works. He has a particular understanding of the demands placed upon solicitors in such situations.
Costs
Hamish started life within Lyons Davidson’s costs team and therefore has a unique insight into the assessment of costs. He is used to arguing technical points arising out of CFAs, together with the many satellite arguments which have surrounded the introduction of fixed fees.
Civil Litigation
Hamish has dealt with a wide variety of cases, including building disputes, misrepresentation cases and boundary disputes. He has a particular understanding of the requirements of legal expense insurance work
Notable cases:
Swimwell -v- Birch (Court of Appeal)
Secured judgment in the sum of £60,000 following a 3 day trial before designated TCC Judge on the design and construction of a swimming pool. This involved extensive cross-examination of expert. Thereafter successfully resisted Defendant’s application for permission to appeal.
Bearne -v- Harding (Court of Appeal)
Acting for the Respondent in an appeal concerning a ransom strip. The Appellant has obtained permission.
Slade -v- Pellow (Exeter CC)
Acted for the Claimant in an appeal following a dismissal of both claim and counterclaim in a fast track RTA trial. Application to adduce sequencing evidence late in the day and further oral evidence heard on the appeal. Judgment for the Claimant in full.
Cohen -v- T&K Gallagher Ltd (Manchester CC)
Acted for the Claimants in a 2 day ‘phantom passenger’ trial. The Defendant and his witnesses averred that the Claimant had a dog in the car, rather than a passenger. Judge ultimately accepted that the Second Claimant was a passenger.
UOI -v- Chequers (Birmingham CC)
Appeal on the question of whether a cheque banked in full and final settlement amounted to a concluded compromise agreement between parties to road traffic litigation. Successfully resisted the appeal, with a finding that the banking of the cheque was not conclusive.
Barnard -v- Turner (Bristol CC)
Acting for the Claimant in an LVC trial which involved cross examination of 2 consultant orthopaedic surgeons. Judgment for Claimant notwithstanding a failure to inform the expert about a second accident he had been involved in shortly before examination.
Professional Memberships:
PIBA
Interests:
• Gained a fluent knowledge of German (albeit now somewhat rusty) from living and studying German and European Law in Frankfurt am Main for a year.
• Has a wide range of competence in computer hardware and software packages.
• Has held a full driving licence since September 1996.
• For as long as he can remember, he has been a keen cricket player, most recently for Bedminster CC. He was awarded club colours whilst at University.
• In 2004, he achieved his ECB Level I cricket coaching qualification.
• During his youth he spent a lot of time watching rugby across South Wales, in the days before regions. He is though a Leicester Tigers fan, having lived on Welford Road as a student.
• In addition, he enjoys cooking (particularly Indian food), music, travel and reading.
• He has recently, with his partner, renovated their new house, which has involved him learning various skills, including plumbing and carpentry in relatively short order.
