Graeme Hawkes KC

Year of Call: 2003
Silk: 2021

07739 639048
graeme.hawkes@advocates.org.uk

Photo of Graeme Hawkes KC

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

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 Remotely

Jennifer Dunn

Deputy Advocates' Clerk

(working days Mondays to Thursdays)

Working Remotely

Sheena Hume

Deputy Advocates' Clerk

Working in Office

Shawn McArthur

Deputy Advocates' Clerk

Working Remotely

Kathryn Ferguson

Deputy Advocates' Clerk

Working in Office

Emma Busby

Deputy Advocates' Clerk

Working Remotely
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 (former)


Member of Court of Session Rules Council (former)

Court And Tribunal Experience

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