Jeremy Cousins QC
| Silk 1999
| Call 1977
Profile: Commercial Disputes
Jeremy has a well-deserved reputation as leading commercial silk with an “encyclopaedic wealth of knowledge and fabulously calm demeanour”. Effective both on paper and in court, Jeremy deals with a wide variety of commercial disputes, from the strictly contractual to trust related. He has extensive experience not only of domestic disputes but also those involving foreign jurisdictions. He is recommended in this area by both Chambers UK and Legal 500.
Cases and Work of Note
- Rosserlane v Credit Suisse. Claim in relation to the sale of an interest in an oil field in Azerbaijan.
- AIB v Redler  3 WLR 1367, SC. Solicitors’ liability for breach of trust in security transaction.
- Morris Homes (West Midlands) Ltd v Keay  BLR 370, TCC. Arbitration award appeal permission on interpretation issue as to requirement to use best endeavours and due diligence.
- Davies v AIB Group (UK) Plc  2 P&CR 19. Undue influence in banking transaction; significance of solicitor’s involvement; wife estopped by contract from disputing liability in transaction; subrogation in respect of earlier securities.
- OFT v Ashbourne Management Services Ltd  EWHC 1237 (Ch). Meaning of credit; fairness of terms, penalties.
- Jones and others v. Firkin Flood  EWHC 2417 (Ch). Fettering of trustees’ discretion, breach of trust, self-dealing by trustees.
- Secretary of State for BERR v. Sullman  1 BCC 500. Director’s disqualification arising from the Claims Direct case. This is one of the most significant director’s disqualification cases in recent years.
- Ali v. Lane  1 P & CR 26, CA. Boundary disputes, admissibility of evidence extrinsic to, and post, conveyance.
- Advanced Industrial Technology Corp v. Bond Street Jewellers Ltd  EWCA Civ 923, CA. Fraudulent misrepresentation by conduct; authority to bind company.
- Unique Pub Properties Ltd v. Beer Barrels & Minerals (Wales) Ltd  1 All ER (Comm) 181, CA. Procuring breach of contract; relevance of availability of information as to Claimant’s contractual rights; absence of duty to assimilate information.
- Shogun Finance Ltd v. Hudson  1 AC 919, HL. Scope of application of inter praesentes principle where written contract; passing of title to goods.
- Tayeb v. HSBC  4 All ER 1024 (Comm Ct). Banking, and electronic funds transfer; effect of modern banking practice on previous right of banker to adjust accounts before end of banking day.
- AIB Group v. Martin  1 WLR 94, HL. Construction of joint mortgagor clause, giving rise to joint liability for one partner’s several debts whose existence was not known to co-mortgagor.