Graeme Hawkes KC

Year of Call: 2003
Silk: 2021

07739 639048
graeme.hawkes@advocates.org.uk

Brings common sense and a ‘can do’ attitude to cases.

Graeme Hawkes KC is an experienced commercial litigator, with a particular emphasis on commercial contracts, property and professional negligence. He was a solicitor in private practice for almost 10 years (Steedman Ramage and Brodies) and summer 2018 marks 15 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 recent 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 in Proofs, Debates and Appeals at Sheriff Courts and the Court of Session.

Commercial Law

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

Banking and Finance Law

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

Shipping Law