Elisabeth Bessie Anne Cousins & Simon Smith

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

The SRA brought proceedings against solicitor Elizabeth Cousins and her non-solicitor clerk Simon Smith for overcharging the estates of two deceased clients (Mr BM and Mr VDP) by claiming unjustified costs, including inflated 'value elements'. The matter was resolved by an agreed outcome dealt with on the papers. Both admitted the misconduct but not dishonesty; given the First Respondent's ill health and the intertwined nature of the cases, the Tribunal accepted the case could conclude without pursuing dishonesty, so no express finding of dishonesty was made. The Tribunal found the admitted allegations very serious. The First Respondent gave undertakings to remove herself from the Roll and never seek restoration; the Second Respondent was made subject to a s.43 order. Both were ordered to pay the SRA's costs, to be assessed if not agreed and not enforceable without leave of the Tribunal given their lack of means.

Duties found breached:

• No conflict between current clients
• No improper use of client money
• Good faith and courtesy to colleagues

Aggravating factors:

• Conduct was deliberate and calculated
• Took advantage of vulnerable clients
• First Respondent's conduct repeated over a long period of time
• Breach of position of trust with direct control over sums billed
• Significant financial harm (£75,000 compensation paid re BM; overcharging of up to £105,000 re VDP)

Mitigating factors:

• Some admissions made in the Statement of Agreed Facts and Outcome
• Both Respondents appeared to have co-operated with the regulator
• First Respondent's ill health preventing participation