Cait Sweeney

Called 2012

Cait is something of a smiling assassin who gets results not by being aggressive and difficult but by building trust with the court as a result of sensible, clear and concise submissions. As a consequence opponents may not see her coming, which is a great advantage to her clients. Very practical and commercial outlook.

Legal 500 2022

About

Cait has a busy chancery practice and has been described as “intelligent, forward-thinking and collegiate”(Chambers and Partners 2021) and “a smiling assassin who gets results not by being aggressive and difficult but by building trust with the court as a result of sensible, clear and concise submissions” (Legal 500 2022).

She advises and appears in:

– Contentious and non-contentious private client cases.
– Property cases.
– Commercial disputes.
– Professional negligence claims.

 

Areas of Expertise

Accolades

Cait deals with general commercial and company disputes.

She regularly is instructed in cases involving the construction and breach of contracts, misrepresentation and consumer contracts.

Cait has extensive experience of private client matters.

She is regularly instructed to act in:

– Disputes regarding the validity of wills including undue influence, capacity, due execution and want of knowledge and approval.
– Removal of personal representatives and trustees.
– Part 64 applications.
– Construction of and rectification of wills and trusts.
– Claims under the Inheritance (Provision for Family and Dependants) Act 1975.
– Breach of duty claims regarding personal representatives and trustees including the taking of accounts.

She also accepts instructions in non-contentious matters and often advises personal representatives and trustees about their powers, duties and costs.

Recent examples of Cait’s Private Client cases include:

– Advising an adult child claimant in a high-value inheritance claim against his late father’s multi-million pound estate, which has been left entirely to his father’s sister. The claim also featured issues regarding a discretionary trust.

– Acting for the Claimant (who lacked capacity) in a breach of fiduciary duty claim against her deceased daughter’s estate.

– Representing the executor in a construction and rectification claim to include the deceased’s step-child as a beneficiary under a will and to include the deceased’s step-child in the definition of the term “child”.

– Acting for the executors in a dispute between beneficiaries regarding land included in a multi-million pound farming estate.

Cait has experience in a wide range of property law matters including:

– Claims under TOLATA.
– Adverse possession claims.
– Boundary disputes and easements.
– Proprietary estoppel claims.
– Possession actions against residential and business tenants, licensees and mortgage possession actions.
– Rates liability.

She appears in the High Court, County Court and Land Tribunal. Recent examples of her work include:

– Advising and acting for a successful claimant in an undue influence case against his daughter regarding several property transfers which he made to benefit his daughter and her children.

– Acting for a successful Defendant (during a trial in the Land Tribunal) in proprietary estoppel claim brought by the Defendant’s daughter regarding a caravan park run by the Defendant and her husband.

Cait is instructed in a variety of disputes including claims involving the construction and breach of contracts by both companies and individuals. She often deals with construction and manufacturing disputes.

Cait has developed an expertise in professional negligence claims, particularly those arising in the private client sector.

Cait often deals with Court of Protection matters involving property and finance. She is well versed in issues of capacity and issues involving lasting powers of attorney and deputies.

Recent examples of her work include:

– Removal of trustee applications in the Court of Protection, following a trustee (who also had a life interest under a trust) losing capacity.

– Acting for the Defendant in an application to set aside a property transaction on the basis it was not in the best interests of a protected party. The Defendant had purchased a property through the protected party’s attorney. Unbeknownst to the attorney and the Defendant, the LPA had been suspended days before completion. The case included issues regarding the Power of Attorney Act 1971 and the definition of a bona fide purchaser for value without notice.

 

Chambers & Partners 2022 - (Up and Coming) Chancery -  "In addition to her excellent legal knowledge, Cait’s approachable manner makes her a delight to work with.

Legal 500 (2022):

Cait is something of a smiling assassin who gets results not by being aggressive and difficult but by building trust with the court as a result of sensible, clear and concise submissions. As a consequence opponents may not see her coming, which is a great advantage to her clients. Very practical and commercial outlook.”

Chambers & Partners (2021) Up & Coming (Chancery):

- “Rising Star

- “She is intelligent, forward-thinking and collegiate with other members of the team

- “She provides clear and simple advice. I can call her up and have a chat and bounce ideas around

Member of the NECCBA

Member of the Chancery Bar Association

Member of the Property Bar Association.

-        Representing (sole counsel) a well-known bank in a case concerning a common-intention constructive trust claim which also gave rise to issues regarding subrogation.

-        Representing (sole counsel) the Secretary of State for Business, Innovation and Skills in a contractual dispute arising from government funding of apprenticeship schemes.

-        Appeared on behalf of an insurance company at trial in a case which centred on whether an action had already been compromised and involved arguments concerning agency and fraud.

-        Acted for a sub-contractor in breach of contract claim against a property developer relating to a multi-million pound construction project.

-        Acted for a personal representative in a claim for possession against the beneficiaries.

-        Represented a rate-payer at trial against the local authority in a dispute concerning liability to pay non-domestic business rates, which amounted to several thousand pounds and small      business exemptions.

-        Acting for petitioning creditors and debtor companies in winding up proceedings and applications to set aside statutory demands.

-        Acting for a party in contentious probate proceedings concerning foreign property in the Gambia.

-        During pupillage Cait also assisted her supervisor in several cases including a multi-million-pound contractual dispute arising from a land development project.

Member of the NECCBA

Regular contributor to the Law Society Civil Justice Section.

Bar Professional Training Course, Very Competent; LL. B (Hons) 1st Class.