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Housing and Property

Michelle Caney

Email:

Clerk Enquiries:

Barrister

(Year of Call 2004)

Joined Chambers: 2006

Qualifications:

Birmingham University, LLB (Hons) Law.

Nottingham School of Law, BVC.

Background:

Michelle Caney is a specialist property practitioner with a national reputation and extensive experience in the field of social housing

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

Recommendations:

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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.” Chambers and Partners 2017

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

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

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

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

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

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

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

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 2011

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

 

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.    

Further Information:

Training: Michelle regularly presents seminars and lectures within the above areas of expertise to local authorities, private solicitors, and other interested practitioners. Such talks can be arranged via the clerks and can be presented either within the dedicated facilities within chambers or at outside offices. CPD approval can be obtained if required.

Nominations / Scholarships / Awards:

Shortlisted for Birmingham Barrister of the Year 2010

Nominated for Birmingham Barrister of the Year 2009

Ede & Ravenscroft Prize - Winner, Middle Temple Mooting Competition 2004 Mooting Holiday to Malibu - Finalist, Middle Temple Mooting Competition 2004 Harmsworth Scholarship - Middle Temple 2004 Blackstones Entrance Exhibition - Middle Temple 2004 Campbell Foster Prize - Middle Temple 2003

Simmons & Simmons Commercial Law Prize - Birmingham University 2003

Mistress of the Moots - Finalist, Camm Cup Mooting Competition 2002

Memberships:

Property Bar Association

Midland Circuit Committee Member

Midlands Social Housing Law Association

Appointments:

 Deputy Head of the Housing and Property Group

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