Graeme Hawkes KC

Year of Call: 2003
Silk: 2021

07739 639048
graeme.hawkes@advocates.org.uk

Photo of Graeme Hawkes KC

Graeme is an extremely safe pair of hands

Chambers & Partners UK Bar 2024

Graeme Hawkes KC is an experienced commercial litigator, with a particular emphasis on commercial contracts, construction disputes, property and professional negligence. He was a solicitor in private practice for almost 10 years (Steedman Ramage and Brodies) and summer 2024 marks 21 years at the Bar. He also has a public law practice, having been a standing junior to the Scottish Government (2005-11) and regularly appearing in extradition cases on behalf of the Lord Advocate (including 2 Supreme Court appeals). As well as the high-quality advocacy skills to be expected of a senior used to appearing regularly in court, he brings common sense and a ‘can do’ attitude to cases. Agents admire his intellectual rigour, an ability to focus on the issues which really matter in a case and a determination to achieve the best result for the client. Graeme makes regular appearances at the Court of Session and sits as an Arbitrator.

Graeme is ranked in Chambers & Partners 2024 under Commercial Dispute Resolution.

Commercial Law

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

Construction
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.

Banking and Finance Law

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

Shipping Law

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

Professional Liability

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

Practice Areas
Clerks

Contact our clerks

Normal business hours are 9am to 5pm, Monday to Friday.

ampersandclerks@advocates.org.uk
+44 (0)131 260 5674 (9am to 5pm)

Alan Moffat

Advocates' Clerk

Working in Office

Jennifer Dunn

Deputy Advocates' Clerk

(working days Mondays to Thursdays)

Away

Sheena Hume

Deputy Advocates' Clerk

Working Remotely

Shawn McArthur

Deputy Advocates' Clerk

Away

Kathryn Ferguson

Deputy Advocates' Clerk

Working in Office

Emma Busby

Deputy Advocates' Clerk

Away
Qualifications

Education

  • Craigmount High School, Edinburgh (1982-88)
  • Edinburgh University (1988-93)

Professional Qualifications

  • LLB (Hons), Dip LP
Memberships

Professional Appointment

  • Standing Junior Counsel to the Scottish Government: 2005 to 2011

Additional information

  • Member of Faculty of Advocates Council
  • Member of Court of Session Rules Council (former)
Court And Tribunal Experience

Every level of court, up to and including UK Supreme Court.