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Chambers of Jeremy Weston QC

1-3 WHITTALL STREET, BIRMINGHAM, B4 6DH, ENGLAND
Tel:
Work 0121 236 0863
Fax:
Fax 0121 236 6961
DX:
16072 BIRMINGHAM
Email:
Web:
www.stiveschambers.co.uk

Michelle Caney

Tel:
Work 0121 236 0863
Email:
Web:
www.stiveschambers.co.uk/barristers/michelle-caney/
St Ives Chambers (Chambers of Jeremy Weston QC)

Work Department

Michelle Caney is a Barrister specialising in Business, Property and Housing law.  Michelle regularly presents seminars and lectures within her areas of expertise.  Such talks can be arranged via the clerks and can be presented at the dedicated facilities within chambers or externally. CPD approval can be obtained if required.

Position

Michelle Caney is a specialist Business and Property practitioner, with a particular focus on property litigation.  She is also a specialist Housing practitioner with a national reputation and extensive experience in the field of social housing.

Michelle has a strong reputation in the field and is consistently recommended in the directories, which praise her "superb technical knowledge, confident authoritative manner with clients, and brilliant cross-examination".  Recognised as being an “outstanding and tenacious advocate”, Michelle fights her client’s corner robustly, whilst managing their expectations sensitively. Michelle has extensive experience and is regularly instructed in complex, high value litigation above her level of call.

Career

Year of Call: 2004

In addition to her court work, Michelle has a busy paperwork practice and is commended for her immaculate preparation and “thorough grasp of every detail” of each case.  In an advisory capacity, Michelle is commercial and pragmatic, always keeping her client’s key objectives and proportionality at the forefront of her mind.

Michelle’s areas of expertise include:

Property:

  • Adverse possession
  • Boundary disputes
  • Easements
  • Nuisance
  • Restrictive covenants
  • Rectification claims
  • Trespass
  • Trusts of land and equitable interests
  • Professional negligence

Business:

  • Banking and finance
  • Contractual disputes
  • Construction claims, including Asbestos related litigation
  • Business lease renewals and terminations
  • Forfeiture
  • Dilapidations
  • Partnership disputes
  • Mortgages and guarantees

When instructed on Housing law, Michelle is routinely praised for her meticulous preparation and is consistently recommended in the directories, which confirm that she is “exceptionally thorough and knows her stuff inside out” and commend her “superb technical knowledge, confident authoritative manner with clients, and brilliant cross-examination.”  Michelle prides herself on maintaining a client-focused approach at all times.

Michelle’s expertise covers the full range of housing litigation, with a particular emphasis on cases involving issues of human rights, mental capacity, disability discrimination, community care or judicial review.  Her busy practice encompasses:

  • Possession claims
  • Demotion claims
  • Injunctions / committals
  • Community care issues
  • Disability discrimination
  • Human rights / public law challenges
  • Homelessness and Allocations
  • Harassment claims
  • Unlawful eviction
  • Right to Buy
  • Succession
  • Service charge disputes
  • Disrepair
  • Judicial review

Notable Cases:

Midland Heart Limited v. Grant [2016] - Appeal concerning the correct application of the refined test set out by the Supreme Court in Akerman-Liverstone v. Aster Communities Limited [2015] UKSC 15 where a landlord is asking a court to summarily dismiss a disability discrimination defence.

(1) Rehman and (1) Rehman v. Ali and Others [2015] EWHC - High Court claim concerning the ownership of a Mosque, which was alleged to be held on a charitable trust for the benefit of the community.  Michelle successfully represented the legal owners and secured a possession order following a 17 day trial.

Dunn v. (1) Katerina Allington T/A Property Pushers and (2) Property Pushers Limited [2014] EWHC - Complex commercial trial in the High Court involving a property development company in which Michelle secured judgment in excess of £740,000.

Wolverhampton City Council v. Shuttleworth [2012] LTL 13/12/2013 - Michelle successfully appealed to the High Court on a novel point of law concerning introductory tenancies.

Arena Coventry Limited v. Coventry City Football Club Limited [2012] - High profile litigation in the High Court involving Coventry City Football Club.

Leeds and Yorkshire Housing Association v Vertigan [2010] EWCA Civ 1583 - Michelle successfully opposed an appeal to the Court of Appeal in an important case concerning the interplay between undertakings and suspended possession orders.

Recommendations:

Chambers & Partners 2019:“Very bright and gets on well with clients. She is good at guiding them through the case and is very thorough.” “A very good advocate.”

Chambers & Partners 2019: “Exemplary in terms of client care, trial preparation and advocacy skills.” “An exceptional barrister with a breadth of knowledge on all aspects of social housing.”

Legal 500 2018: “Exceptionally hardworking and punches well above her year of call.”

Legal 500 2018:“A go-to property litigator.”

Chambers & Partners 2018: “Technically brilliant and thorough. No stone is left unturned. She is meticulous with her preparation.” “A superb advocate who is fantastic with witnesses.”

Chambers & Partners 2018: “She provides comprehensive advice, makes clear points and always addresses all the points put to her.” “She is exceptionally hard-working and very clever.”

Legal 500 2017:“Beneath her cool, calm exterior is a fiery, formidable opponent.”

Legal 500 2017: “She makes vulnerable witnesses feel at ease.”

Chambers and Partners 2017: “Superb advocate with extremely detailed preparation in trials.” “She’s forensic in preparation, goes way above and beyond and has an utterly thorough grasp of every detail of the case.”

Legal 500 2016: “An excellent advocate, who is well respected by judges.”

Chambers and Partners 2016: “Superb technical knowledge, confident authoritative manner with clients, and brilliant cross-examination.” “She is incredibly conscientious. Nothing gets past her gaze.”

Legal 500 2015: "Her advocacy and cross-examination skills are superb." "She is always incredibly well prepared for conferences and hearings."

Chambers and Partners 2015: “She is an excellent advocate. She doesn’t miss anything, and she puts up a very good fight.” “She is an absolute professional, is always well prepared and always manages to know how to treat difficult defendants.”

Chambers & Partners 2014 “She is incredibly efficient and extremely organised.” “She is exceptionally thorough and knows her stuff inside out.”

Legal 500 2014: "She has wide-ranging commercial and Chancery expertise."

Chambers & Partners 2014: “She listens to her clients carefully and does what they want her to do. She will fight tooth and nail if she feels it is a good case to argue.” “Technically she is excellent, but she is also down to earth, which is crucial with social housing.”

Chambers and Partners 2013: “Michelle is an outstanding and tenacious advocate respected by judges. She is able to quickly build rapport with clients, witnesses and instructing solicitors.”

Legal 500 2012: St Ives Chambers is "an excellent specialist housing set".  Michelle Caney is "well prepared, eloquent and persuasive."

Legal 500 2011: St Ives Chambers’ leading housing law team includes Michelle Caney, who is "hugely talented", "consistently excellent and utterly reliable", and is praised for her "immaculate preparation."

Legal 500 2010: Michelle Caney, "an incredibly dedicated, hardworking and gifted" junior, is "down to earth, practical and excellent in both court and negotiations."

Languages

English

Member

Property Bar Association

Midland Circuit

Social Housing Law Association

Education

Birmingham University, LLB (Hons) Law.

Nottingham School of Law, BVC.


Regional Bar : Midland Circuit

Commercial, banking, insolvency and Chancery law

Within: Commercial, banking, insolvency and Chancery law – Leading juniors

Michelle Caney - St Ives ChambersExceptionally hardworking and punches well above her year of call.

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Property

Within: Property – Leading juniors

Michelle Caney - St Ives ChambersA go-to property litigator.

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