Jeremy Cousins QC

Profile: Professional Liability

Jeremy has been recognised for his professional negligence expertise by Chambers UK and Legal 500 for many years. He has particular expertise in relation to solicitors’ negligence.

Cases and Work of Note

• Dreamvar v Mishcon de Reya [2018] PNLR 29, CA. Vendor’s solicitor liability to purchaser as trustee of purchase monies in the Court of Appeal; s61 liability of solicitor trustees was also considered. This case, and P&P Properties v Mary Monson Solicitors, heard at the same time, lay down clear guidelines as to the interpretation of the Code for Completion by Post, solicitor’s negligence liability in conveyancing transactions, and the scope for claims for breach of warranty of authority. He and Peter Dodge from chambers have spoken widely about these topics and are due to do so in a number of professional liability forums in the coming months.
• AIB v Redler [2014] 3 WLR 1367, SC. Solicitors’ liability for breach of trust in security transaction.
• Thomas and another v BPE Solicitors [2010] EWHC 306 (Ch). Solicitors’ negligence in completion of commercial transaction; also a landmark decision on contractual acceptance by e-mail.
• Acton v. Graham Pearce & Co [1997] 3 All ER 909 (HC). Solicitors’ negligence; liability for damages following innocent solicitor’s imprisonment for fraud where conviction later quashed; damages on loss of chance basis by reference to prospect of avoiding conviction if properly represented at original trial. A landmark case in limiting the boundaries for what was then advocate’s immunity.