Andrew Cousins

Andrew is a barrister in our specialist advocacy service, 8 DAC Beachcroft Buildings (8DB).

Andrew specialises in all aspects of coronial law and brings to this field his experience not only as a Barrister but also as an Assistant Coroner. In addition Andrew has substantial experience in the fields of casualty claims and the Compensation Recovery Unit and has written a book on the latter topic.

He has almost 20 years’ experience advising clients across a range of sectors including casualty claims, regulatory issues and inquests. This work has brought Andrew into contact with a wide variety of courts, and tribunals including the coroner’s courts, the magistrates and county courts as well as numerous divisions of the high court. He is experienced in appellate work in relation to both civil law and judicial review arising from coronial judgments.

Andrew has published numerous articles on a variety of civil litigation topics, but has a particular interest in procedural issues and has written widely on the issue of Part 36 offers. He is currently writing his second book on the topic of surveillance evidence which will be published in spring 2021.

Relevant experience / notable cases includes advising:

• Acted for the applicant in seeking to judicially review the decision of an Assistant Coroner where, at an inquest, the employer was found to have exposed the deceased to chemicals which caused his death. The applicant was not notified of the inquest and only knew about the inquest when they received a prevention of future death report, this report triggered an HSE investigation. The application sought to quash the record of inquest, the PFD and have the inquest reheard. Led by leading counsel.

• Represented the insurers of a coach company in defending a multimillion pound claim brought by passengers involved in a coach crash in France. The case involved disputes in relation to liability, causation, contributory negligence, quantum and part 20 claims. Led by leading counsel.

• Represented the insurers of a driver in defending a severe brain injury claim following a road traffic accident, case pleaded at over £5m. Led by leading counsel.

• Advised an interested party in relation to its response and position to an application for judicial review arising from a death in a care home. The family of the deceased are seeking to challenge the coroner's decision concerning a conclusion of death by natural causes following treatment in hospital after a fall at the client's care home. The client was an interested party in the judicial review proceedings, and could have faced an investigation from the care and quality commission if a fresh inquest found facts critical of their care.

• Acted for an out of hours GP in relation to the death of a patient following a heart attack. The case involved expert evidence being given in the fields of cardiology, GP care and paramedic care.

• Acted for the insurers of a driver in relation to a road traffic collision. The case was a rare instance where the Coroner had to consider a conclusion of unlawful killing because of the standard of driving of one of the vehicles involved in the collision. As such, an analysis of criminal case law and extracts of Blackstone's was conducted during the hearing. Submissions were required in relation to the issues of gross negligence manslaughter and Chief Coroner's Law Sheet number 1. The case received significant media attention.

• Represented the out of hours GP in relation to the death of a patient from a rare pancreatic illness. The Coroner took extensive medical evidence over multiple days from experts of ever increasing specialty. A prevention of future death report was made in relation to numerous organisations who were not present at the inquest, but not against any interested persons at the inquest. 

• Represented the owners of a quarry in relation to the death of a swimmer trespassing on the property. The case concerned a number of minors who had gone swimming in a quarry and sadly drowned. The case required an analysis of what measures the client had in place to prevent trespassers. Also prevention of future death reports were considered but not made.

• Represented the main interested party at a multi day inquest arising from a death on a farm yard. The HSE were considering whether to bring a prosecution, a conclusion of accidental death from the jury was secured, with no adverse findings of fact being made.

Andrew is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please contact BSB.