Hamish MacBean - Head of Chancery & Commercial

Hamish is listed in the Legal 500 as a leading Junior in the Commercial, Banking, Insolvency and Chancery Law section where he is described as being ‘highly experienced in commercial and civil contract disputes’.

Recent instructions include:

• Advising and representing a minority shareholder in an unfair prejudice petition. The petitioner was part of a father and son partnership which had subsequently evolved into a limited company. Deadlock had ensued following the father’s decision to retire.
• Acting on behalf of a minority shareholder who claimed that a limited company had made decisions in relation to a lease in favour of another company with shared directors.
• Acted on behalf of a dental practitioner who alleged that an associate had failed to account for earnings to the practice. An agreement to sell was thereby terminated, leading to a claim for specific performance and damages.

Hamish has considerable experience of dealing with all manner of consumer contract disputes, both on behalf of consumers and companies. The Legal 500 describes him as ‘highly experienced in commercial and civil contract disputes’.

Recent cases include:

• Acting on behalf of a builder who sued on unpaid invoices and was met with a counterclaim alleging significant defects and overcharging.
• Acting on behalf of a client who alleged that a debt had not been properly assigned to the company pursuing him. The case turned on whether there had been proper compliance with s. 136 Law of Property Act 1925.
• Acting in a case where homeowners alleged significant defects with electrical works as well as overcharging. An issue arose as to incorporation of the relevant terms and conditions.
• Advising in relation to a case concerning the specification of a swimming pool and the extent of a contractor’s knowledge and advice prior to the contract being concluded.

Incorporating experience garnered whilst working in house at a national firm of solicitors, Hamish has considerable knowledge and expertise in all areas of insurance recoveries. From tree roots to burst pipes and faulty white goods, he has probably encountered most scenarios.

Recent cases include:

• A battle of the forms action in relation to the supply of plumbing fittings and whether a supplier could rely upon a limitation clause to defeat a claim arising out of subsequent leaks.
• A supplier chain issue arising out of a Consumer Protection Act case involving multiple parties. Considers the extent to which a party who supplies incorrect information as to the identity of their supplier can be liable.
• Acting on behalf of the insurers of a public house which sustained structural damage when a car was driven into it.
• Advising a client as to whether it had complied with the provision of a term of a sub-contract in relation to the certification of goods supplied and fitted.

Hamish has a mixed practice covering all areas of property litigation.

Recent cases include:

• Cocking v Waring [2016] EWCA Civ 140. Acted on behalf of the licensor of a residential property. The resident was accused, by her neighbours, of creating noise nuisance by shouting and screaming and letting a dog bark. The case concerned the duty on a bare licensor to prevent noise nuisance.
• Acting on behalf of a resident of a shared block of flats in relation to noise nuisance emanating from other flats and communal areas. Also included claims in respect of harassment and breach of the leases.
• Acted on behalf of a local authority who had revoked an HMO licence for breaches of the requirement to have proper management in place. The case involved significant issues of identity and the extent to which a person can be unsuitable by association.
• Represented homeowners who had been subject to unfounded claims of adverse possession and various allegations of trespass and harassment by a largely absentee neighbouring landowner. Involved significant issues on service out of the jurisdiction.
• Represented a husband and wife who were accused by a neighbour of causing a nuisance and subjecting the neighbour to harassment. Matters had come to a head following the construction of an extension which was said to have encroached.

Hamish is listed in the Legal 500 as a leading Junior in the Commercial, Banking, Insolvency and Chancery Law section. He has significant experience of a range of insolvency actions.

Recent cases include:

• Representing a Defendant in a personal injury case in a limitation issue which arose as the Defendant had entered into a Creditor’s Voluntary Liquidation and subsequently been dissolved.
• Representing the directors of a company which had been dissolved in an action brought by the liquidator in relation to the directors’ loan accounts.
• Advising a local authority in respect of the impact of the insolvency of a head lessee on a substantial mixed residential and business property.

Hamish started his legal career working in the costs department of a large firm of solicitors. He has developed and built on that knowledge at the Bar and represents both paying and receiving parties in assessments as well as providing advice on settlement and points of principle.

Recent cases include:

• Representing a client in an action to recover fees incurred by a form of solicitors in circumstances where it was claimed that the advice provided was deficient and led to a substantial increase in the costs incurred.
• Advising a client as to the applicability of fixed costs and the interrelation of the relevant rules and a consent order.
• 3 day detailed assessment before a Regional Costs Judge considering the impact of the location of the solicitors on the cots claimed and the extent to which the Court could take into account the eventual settlement (which was lower than expected) in determining the level of costs.

Hamish has many years of experience representing Claimants and Defendants in all manner of personal injury cases.

Recent cases include:

• A case concerning issues of limitation and knowledge following the development of Stage 2 HAVS. The nature and extent of the use of power tolls was critical together with the Claimant’s understanding of the impact of the same.
• A case concerning an accident which had occurred whilst the Claimant was on holiday. Considered the extent to which a Defendant had to set out their defence prior to setting aside a default judgment.
• Advising a client who had fallen from a running machine. Concerned the responsibility of the personal trainers not to distract the client and to ensure that he was wearing the emergency stop.
• Advising clients in relation to the establishment of a trust fund to hold monies following personal injury claims in line with the decision in OH v Craven.
• An application for a finding of fundamental dishonesty and permission to commence committal proceedings for contempt. The Claimant has pursued injury proceedings against a bus company. CCTV footage showed that he was not injured. He sought to blame language difficulties for the situation arising.