Elisabeth Bessie Anne Cousins & Simon Smith
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number11553/2016
Date01/01/2016
OutcomeS.43 Order (clerks)
Allegation / charges
Breaches
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionOther
Dishonesty foundNo
Duties found breached:
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 positions of trust with direct control over sums billed
- First Respondent was experienced, admitted in 1995
Mitigating factors:
- Some admissions made in the Statement of Agreed Facts and Outcome
- Both Respondents appeared to have co-operated with the regulator
Duties engaged
- No abuse of process or coercive powers
- Honesty
- Integrity
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Act in the client's best interests
- Advise objectively, not a mere conduit
- Protect capacity and vulnerable clients
- Non-discriminatory acceptance and cab-rank
- Fair, reasonable and lawful fees