Jeremy Cousins QC

Jeremy’s practice is focused on commercial, banking and professional negligence litigation. Prior to taking silk he was on the Treasury Panel and since taking silk he has been nominated by the Attorney General for leading work. Appointed an Assistant Recorder in 1996 and a Recorder in 2000, Jeremy has this year been authorised to sit as a Judge of the High Court under s9 of Supreme Court Act 1981. He was Chairman of the Midland Chancery and Commercial Bar Association from 2002 to 2005.

Jeremy has extensive experience of trust and fiduciary obligation cases, and their connection with professionals’ liabilities, and is often instructed in Channel Islands work of this kind.

Receiving plaudits as a leader in commercial litigation in Chambers Guide every year since 2000, Jeremy "casts a long shadow in the marketplace for 'first-rank' expertise in conflicts relating to banking and professional negligence issues" (Chambers Guide 2006).

Year of Call: 1977
Queen's Counsel: 1999

Recent and reported cases:

Stocking v. Montila, [2005] All ER (D) 191 (Oct) HC. (Former partner’s entitlement to credit for full value of improvement works to partnership asset)

Joint London Holdings Ltd v. Mount Cook Land Ltd, [2005] All ER (D) 77 (Oct), CA. (Interpretation of outdated terms in leases)

Barnes (Inspector of Taxes) v. Hilton Main Construction Ltd, [2005] STC 1532 HC. (Whether scheme regulating construction industry gross payment certificate satisfies proportionality requirements of ECHR)

Accident Assistance Ltd v. Hammond Suddards Edge [2005] EWHC 202 (Ch), HC. ( Extent of solicitor’s duty to explain counsel’s advice)

Shogun Finance Ltd v. Hudson, [2004] 1 AC 919, [2004] 1 All ER 215, [2004] Lloyds LR 532, HL. (Identity of parties – whether agreement void or voidable for mistake – effect of fraud by third party – need for consensus ad idem)

Tayeb v. HSBC, [2004] EWHC 1529 Comm. HC (Implications of CHAPS scheme on banker’s entitlement to adjust book entries; moneylaundering considerations)

Unique Pub Properties Ltd v. Beer Barrels and Minerals Ltd, [2004] Lloyds LR 808, [2005] 1 All ER (Comm) 181, CA. (Interference with contractual relations – whether knowledge can be imputed to defendant because claimant facilitates provision of information)

Morris v. Glendore Investments Ltd [2003] EWHC 3091 Ch, HC. (Interpretation of option agreement)

Butts Park Ventures (Coventry) Ltd v. Bryant Homes Ltd [2003] EWHC 2487 Ch, HC. (Nature of pre-emption right, and whether section 2 of Law of Property (Miscellaneous Provisions) Act 1989 satisfied)

Hyett v. Stanley, [2004] 1 FLR 394, CA. (Constructive trust - entitlement to equal beneficial interest in property based upon promised interest and assumption of joint mortgage liability.)

Knight and Keay v. Haynes Duffell Kentish & Co. [2003] EWCA Civ 223. (Solicitor’s negligence in allowing breach of trust action to be struck out; remedy for breach of trust; whether relevant for judge to take into account possibility that judge in struck out action might have taken different view of law; threshold required for CA to vary evaluation of lost chance)

AIB Group plc v. Martin and another [2002] 1 WLR 94, [2002] 1 All ER 353, HL. (Interpretation of mortgage deeds; whether joint mortgagor liable for separate and unknown debts of co-mortgagor)

Shaw (Inspector of Taxes) v. Vicky Construction Ltd, [2002] STC 1544, HC. (Construction industry gross payment certificate - whether possession for purposes of ECHR)

Barry v. Ablerex Construction (Midlands) Ltd, [2001] EWCA Civ 433, CA. (Future loss multipliers and rate of return to be assumed on invested funds)

Acton v. Graham Pearce & Co, [1997] 3 All ER 909, HC. (Solicitor’s liability for negligent conduct of criminal trial; loss of chance)

State Bank of India v. Kaur, [1996] 5 Bank LR 158, CA. (Statute of Frauds 1677 –requirement for written identification of debtor)

Knott v. Bolton, [1995] 45 Con LR 127, CA. (Architect’s negligence; scope of damages for failure to fulfil design requirement)

Giffen (Electrical Contractors) Ltd v. Drake and Scull Engineering Ltd, [1993] 37 Con LR 85, CA. (Incorporation of arbitration clauses by reference to other standard forms)

W Photoprint v. Forward Trust Ltd, [1993] 12 Tr LR 146, HC. (Validity of finance house exclusion clauses in a commercial contract)

Email: jeremy.cousins@selbornechambers.co.uk