You are here

Ross Fraser

Ross Fraser


A partner since 1982, Ross took up the role of consultant in 2010. 



He is particularly interested in the judicial approach to the construction of taxing statutes, the interaction between UK tax law and EU law (and other supranational systems of law such as the World Trade Organization and the ECHR) and OECD measures to combat ‘treaty-shopping’.

Ross writes extensively on tax matters and was a joint editor of the British Tax Review.


  • Sun Life of Canada (UK) Limited v HMRC (Court of Appeal 2010), on carry-forward of trading losses in the context of insurance company taxation
  • Prudential plc v Special Commissioner (Court of Appeal 2010), a case about legal professional privilege where Herbert Smith represented The Law Society (an intervener)
  • Barclays Mercantile Business Finance v Mawson (House of Lords 2005), a capital allowances claim where Herbert Smith acted for the plant lessee
  • an energy company in relation to UK Petroleum Revenue Tax and transfer pricing with respect to forward contracts
  • a Hong Kong utility company on the effect of discounts offered to customers on tax liability in respect of trading profits


He advises extensively on United Kingdom and Hong Kong tax, including dispute work and the tax aspects of corporate transactions including structured finance.

Clients seek Ross’s expertise in insurance tax, including insurance company mergers, and the taxation of multinationals’ operations.

Key Services