Call: 1984 QC: 2002
Undertaking Claimant and Defendant work, Graham continues to represent major insurers, both in the Company and Lloyd’s markets. He is regularly engaged to advise on policy and coverage issues, including construction of policy terms, the application of conditions and warranties, issues relating to non-disclosure and misrepresentation of material facts and fraudulent claims. In 2010 he successfully conducted four trials involving issues of fraud and moral hazard, involving different unusual situations and factors relating to moral hazard. These included (1) an insured who secretly set up his own project management company with the intention of the company project managing the repairs and recovering project management fees from the insurers, (2) an insured who had earlier defrauded another insurer, by submitting a claim and asserting damage at a date after inception but which damage had in fact happened before inception, (3) an insured who had submitted a falsely concocted invoice to a finance house in support of an application for finance and (4) an insured who had suggested through a fictitious contact with an agent that a particular house would be suitable as alternative accommodation, without revealing to insurers or loss adjusters that he in fact owned the house being put forward.
His work also regularly involves representing insured defendants in a wide range of product liability, professional indemnity and catastrophic personal injury claims. He has long been recommended in Chambers UK and Legal 500. Cases of his are frequently reported. He has a client orientated approach, recognising that finding the right solution to his clients' problems requires a team approach.
The Directories
Chambers 2011 described him as "another strong silk" (the Product Liability section) who is “incredibly calm – unflappable even when faced with the most horrendous problems.” (the Professional Negligence section) with a wide practice, encompassing insurance, professional negligence, product liability and catastrophic personal injury work. In 2010 Chambers said in the UK Product Liability section, that he was touted as a "solid, reliable and tenacious silk. In Professional Negligence 2009 Chambers UK said that he: “… is praised for his “willingness to go beyond the call of duty. He specialises in insurance-related work, and has a leaning towards cases involving product failure.” (Product liability) “ User-friendly team player”. In 2008 Chambers UK commented that he “… is highly regarded by other QCs and is particularly noted for his work dealing with technical product liability issues.” (Product liability) “… continues to have an ever increasing practice bolstered by his “client friendly approach”. (Professional negligence) Chambers UK 2007 said: “Concentrates on commercial product liability and has a particular strength in insurance-based work.” (Product liability) “… is recognised for his high-quality, broad-ranging professional negligence practice.” Chambers UK 2006: “Described as “very switched on” and notes “has undertaken an increasing amount of product liability during the year …”
Further Information
PNBA; Combar; PIBA
Education
B.A., LLB Hons (Auckland)
VAT Reg Number: 1