Graeme Hawkes KC

Simon Morrison v Middlesea Insurance plc & Anor [2021] CSOH 21
Representing the third party in a proof relating to state immunity. Plea of jurisdiction sustained and action dismissed.

McClure Naismith v Harley Haddow Partnership [2017] CSOH 125
Debate in commercial action: prescription argument arising from engineers’ appointment to construction project. Relevancy argument sustained.

Petroineos Manufacturing Scotland Ltd v Clydeport Operations Ltd [2017] CSOH 49
JR petition challenging lawfulness of conservancy charges levied by port authority. Successfully defended.

NRAM plc v Jane Steel and Bell & Scott LLP [2016] CSIH 11 
Inner House. Solicitor did not owe a duty of care to a lender during the course of a security transaction in which the solicitor was acting for the borrower. On appeal to UKSC.

Hoblyn v Barclays Bank plc  [2014] CSIH 52
Instructed by Barclays in a long-running repossession case involving pursuer’s occupation of heritable property.  Successful at Outer and Inner House.

Cramaso LLP v Ogilvie-Grant & Ors  2014 SC (UKSC) 9
Claim based upon negligent misrepresentation arising from a lease of a grouse shooting moor.  Successful UKSC appeal.

Thomas Barr v James Gilchrist & Ors [2011] CSOH 72
Breach of trust case

Carillion Utility Services Ltd v SP Power Systems Ltd [2011] CSOH 138
Substantial claim for sums due under commercial contracts

CR Smith Glaziers (Dunfermline) Ltd v Toolcom Supplies Ltd [2010] CSOH 7
Preliminary proof on incorporation of standard terms and conditions

Welsh v Ewen Dyce & Ors [2009] CSOH 102
Action for count, reckoning and payment in partnership dispute

Craig McCreight v West Lothian Council [2009] CSIH 04
Application of forfeiture rule to tenancy claim

Oriental Express (Scotland) Ltd v Purewal Enterprises Ltd [2008] CSOH 130
Disputed irritancy notice

Holms v Ashford Estates Ltd [2009] CSIH 28; 2006 SLT (Sh Ct) 161 for sheriff
Breach of warrandice claim

Abacus Estates Ltd v Bell Street Estates Ltd [2006] CSOH 192
Dilapidations claim

Clelland v Quinn Direct, unreported
Credit hire claim, appeared for defender and restricted award

Regularly instructed to advise parties in adjudications, both at the stage of framing submissions and enforcement of adjudicators’ awards. A recent example being:

AGB Scotland Limited v Darren McDermott [2023] CSOH 31

He is currently also sitting as an Arbitrator in a construction dispute. His principal instruction over the past few years has been as counsel representing the joint insurers of The Glasgow School of Art and the various claims arising against the enabling works contractor and members of the professional team/sub-contractors arising from the 2018 fire. He has framed various Court of Session actions; advised agents on numerous legal issues; assisted in the preparation of expert reports; appeared as and when the actions have called; and generally managed the advancement of the claims as the day-to-day acting counsel.

NRAM plc v Jane Steel and Bell & Scott LLP [2016] CSIH 11 
Inner House. Solicitor did not owe a duty of care to a lender during the course of a security transaction in which the solicitor was acting for the borrower. On appeal to UKSC.

Bank of Scotland v Forbes [2011] CSIH 23
Seeking to enforce personal guarantees

Petroineos Manufacturing Scotland Ltd v Clydeport Operations Ltd [2017] CSOH 49
JR petition challenging lawfulness of conservancy charges levied by port authority. Successfully defended.

Fish & Fish Ltd [2011] CSOH 122 
Petition for ship arrestment

NRAM plc v Jane Steel and Bell & Scott LLP [2016] CSIH 11 
Inner House. Solicitor did not owe a duty of care to a lender during the course of a security transaction in which the solicitor was acting for the borrower. On appeal to UKSC.

Manorgate Ltd v First Scottish Property Services Ltd [2013] CSOH 108
Appearing for the defenders