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Caroline Shea QC

Called 1994Silk 2016

Caroline Shea QC

Prior to taking silk in 2016, Caroline Shea was ranked by Chambers and Partners and the Legal 500 in the top band of Leading Juniors both in Real Estate Litigation and in Agricultural and Rural Affairs, and has appeared as a Leading Junior in both directories since her second year of practice. She practices in all areas of commercial, agricultural and residential property law, including related insolvency and professional negligence disputes. Known for uncompromising, robust advocacy, she is solution focussed, and has a strong record of achieving favourable settlements at mediation. She has developed particular expertise in: boundaries and easements; agricultural succession applications; agricultural and commercial notices to quit; agreements for sale; contractual interpretation/rectification; forfeiture/relief; withholding of consent; the intersection of trust, statutory and succession law, with a particular emphasis on complex trust and estoppel claims within family disputes; high value rent review (commercial and agricultural); dilapidations/service charges.

Caroline is a Fellow of the Chartered Institute of Arbitrators, and has been appointed in disputes involving both agricultural and general property law. She also specialises in mediation advocacy.

Caroline is regarded as very user friendly by both her solicitors and her lay clients, who range from private individuals to large public and private entities. She brings the same commitment and enthusiasm to all her cases regardless of financial value, and is most effective, and feels most professional satisfaction, when working as a close team with those instructing her.

  • Education
    • Haberdashers’ Aske’s School for Girls, Elstree
    • Hills Road Sixth Form College, Cambridge
    • Cambridge University: MA, Classics/Philosophy
    • London Business School
    • City University: Graduate Diploma in Law
    • Inns of Court School of Law: Bar Vocational Course
  • Professional
    • FCiArb
    • Previously a Management Consultant with Andersen Consultancy (later Accenture); Berkeley Partnership
    • Called 1994
    • Silk 2016
    • Middle Temple (Diplock Scholar)
    • Member Arbrix (by invitation)
    • Member, PBA: CBA; LCLCBA
    • Chair of PBA Law Reform Consultation Sub Committee
  • Recent Cases
    • PUBLITY v CHESTERHILL [[2016] EWHC 2202 (Ch) (binding tenancy agreement)
    • MOORE v MOORE [2016] EWHC 1994 (Ch)  (Proprietary Estoppel)
    • RAWLINGS v (1) CHAPMAN [2015] EWHC 3160 (Ch) (Proprietary Estoppel)
    • FREIFELD & ANOR v WEST KENSINGTON COURT LTD [2015] EWCA Civ 806 (CA) (relief from forfeiture when breach wilful)
    • COSKER V COSKER [2014] Agricultural Land Tribunal (succession by widow; meaning of productive earning capacity)
    • LORENZ CONSULTANCY LTD V MACCULLOCH & WALLIS [2013] (agent’s commission; professional negligence; mistake)
    • SALIH V TEFIK [2013], SECOND APPEAL (undertaking void as being in conflict with statutory anti avoidance provision)
    • INTERGRAPH (UK) LTD v WOLFSON MICROELECTRONICS PLC [2012] EWHC 1862 (Ch) (costs assessment)
    • INTERGRAPH (UK) LTD v WOLFSON MICROELECTRONICS PLC [2012] EWHC 528 (Ch) (break clause)
    • PAUL ZIELENIEWSKI v (1) CHARLES PHILIP SCHEYD (2) LYNN MARY PRYOR (2012) [2012] EWCA Civ 247 (appeal, interference with right of way)
    • SOUTHAMPTON CITY COUNCIL v SOUTHAMPTON MEDINA MOSQUE TRUST LTD & 5 ORS [2010] EWHC 2376 (Ch) (trusts; beneficial ownership; company law)
    • EVERSHED V SMITH & ANOR [2010] EWLandRA 2008-0793 (adverse possession) HUTCHISON & ORS v B & DF LTD [2008] EWHC 2286; [2009] L. & T.R. 12 (Ch) (oral contracts; tenancies at will)
    • THOMSON & ANOR V O'CONNOR & ANOR [2005] EWCA Civ 1533 (appeal against refusal to grant adjournment; single joint expert)
    • WARBOROUGH INVESTMENTS LTD V S ROBINSON & SONS (HOLDINGS) LTD [2002] EWHC 2502 (Ch)(arbitration appeal – serious irregularity)
    • MACEPARK (WHITTLEBURY) LTD V SARGEANT & ANOR Ch D (Jacob J) 18/07/2002 (arbitrator’s jurisdiction)
    • ESTATE AND AGENCY HOLDINGS V GILTAGENT LTD [2003] E.W.H.C. 1247 (QB) (business tenancies; service charges)
    • MARCELLO DEVELOPMENTS LTD [2002] RVR 146 (restrictive covenants)
    • HERBERT WILLIAM EASTHAM TIMM V H W E TIMM Ch D (AG Steinfeld QC) 21/12/2000 (vacation of pending land action land charge)
    • SMITH V HOOK 15 June 2000 (appeal from ALT; succession)
    • HB PROPERTY DEVELOPMENTS LTD V THE SECRETARY OF STATE FOR THE ENVIRONMENT (1999) 78 P & CR 108; [1998] L & TR 238 (waiver of breach of notice requirements)
    • PETER MARTIN MUNDY (RESPONDENT) V EDWARD HOOK (APPELLANT) (1998) 30 HLR 551 : [1997] EG 119 (CS) : [1997] NPC 121 : (1997) 74 P & CR D45 (rectification; ASTs)
    • DUN & BRADSTREET SOFTWARE SERVICES V PROVIDENT MUTUAL LIFE ASSURANCE ASSOCIATION [1996] E.G. 62 (C.S.); [1996] N.P.C. 57 (first instance) break clause; consent to alterations; general agency
    • ROUX RESTAURANTS LTD V JAISON PROPERTY DEVELOPMENT CO LTD (1997) 74 P. & C.R. 357; [1996] E.G. 118 (C.S.); [1996] N.P.C. 111 (assignment; consent; reaonableness)
    • HOLT & ANOR V (1) PAYNE SKILLINGTON (A FIRM) (2) DE GROOT COLLIS (A FIRM) [1996] PNLR 179 : [1995] EG 201 (CS) : (1996) 93(2) LSG 29 : (1996) 140 SJLB 30 : [1995] NPC 202 : Times, December 22, 1995 (professional negligence)
  • Publications
    • Caroline lectures and writes regularly. She writes a quarterly column for PLC (“View from the Bar”), and has recently written articles for New Law Journal; Landlord and Tenant Review; Estates Gazette; In House Lawyer; Agricultural Law Association. She has conducted workshops for the Chancery Bar Association and the Property Bar Association, and has lectured at the Blundell Series; Property Bar Association; the Agricultural Law Association, Norton Rose M5 group; Property Litigation Association; and Arbrix conferences. She was a founding author of Burton on Appeals; co-author of the recently published Law and Practice of Charging Orders; and will be a co-author of the new edition of Muir Watt on Agricultural Holdings.
"Handles commercial and residential landlord and tenant disputes, many of which are complex in nature. She has a great deal of expertise in the appellate courts. Strengths: 'A real fighter and excellent on partnership and estoppel claims.' Recent work: Acted in Publity v Chesterhill, successfully defending a claim that a tenancy had been granted to the German company claimant. The case involved a multimillion pound family house at the heart of the defendant’s property portfolio." Chambers UK Guide 2018 (Real Estate Litigation)
"Handles residential, commercial and agricultural property law and is widely praised for her rural credentials. She regularly acts in cases concerning agricultural succession, notice to quit and rights of way over private land. Strengths: 'She’s an outstanding silk, iron fist in a velvet glove. She’s absolutely charming, very reliable for clients and a formidable advocate.' Recent work: Acted in Moore v Moore, a proprietary estoppel case concerning a £10 million farming business held in a partnership." Chambers UK Guide 2018 (Agriculture & Rural Affairs)
"She is the perfect illustration of the iron fist in the velvet glove".Legal 500, 2017
"Extremely client friendly and approachable, while also thorough and tenacious".Legal 500, 2017 (Agriculture)
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