Sheena Cassidy

Call:2001

Introduction and Contact details

Sheena deals with a variety of family law cases, as well as cases involving trusts and probate issues. Her main area of specialist expertise is in cases involving divorce or Schedule 1 proceedings where a criminal restraint or confiscation order has been made against one of the parties. 

Tel:    020 7242 2523 (switchboard)
Fax:   020 7691 1234
E-mail: enquiries@hardwicke.co.uk

PROPERTY & PRIVATE CLIENT

Sheena’s practice lies chiefly within the area of family law, although she also deals with cases involving property disputes under TLATA and cases involving probate and inheritance disputes.

Family

Sheena has developed a specialist expertise in ancillary relief cases in which there are ongoing restraint and/or confiscation proceedings under the Criminal Justice Act 1988, the Drug Trafficking Act 1994 or the Proceeds of Crime Act 2002. She has been instructed by the Revenue and Customs Prosecutions Office and the Crown Prosecution Service on a number of occasions as well as by receivers. This work has involved dealing with several types of third party interest, arguments on living expenses and the relationship between the relevant criminal legislation and the Matrimonial Causes Act 1973.

Recent work has included:

• representation of a Wife in an ancillary relief application where assets are alleged to be over £6M, and questions arose regarding a number of companies (some overseas) alleged to be owned by the Husband
• representation of a client who was in the process of receiving damages in the region of £4M in ancillary relief proceedings where a claim was made over those damages by his wife
• representation of the RCPO (now incorporated within the CPS) in a case involving high value ancillary relief claims and claims by third party interveners (both by way of unsecured creditor and beneficial owner) in circumstances where all of the available assets were required to meet the confiscation order which had been made
• representation of the RCPO in a case involving a claim for ancillary relief where a confiscation order for £26 million had been made against the Respondent husband

Sheena represents and advises clients at each stage of proceedings, and her work ranges from the drafting of prenuptial agreements to dealing with enforcement and appeals. She has represented a number of high net worth professionals, as well as personal representatives and the Official Solicitor. She aims provides pragmatic advice to clients, and to ensure that whatever solution is reached is not only a favourable one, but also practically workable.

Reported cases

S v S [2008] EWHC 1925 (admin) – case involving an application for a wife for ancillary relief where a confiscation order had been made against her husband, and including a number of other third party interveners. Decision by Holman J that her application should be adjourned generally until such time as the confiscation order had been paid.

T v B & Revenue and Customs Prosecutions Office [2008] EWHC 3000 – case involving whether the High Court could and/or should order disclosure of documents in criminal restraint proceedings to an applicant under Schedule 1 of the Children Act 1989.

Stodgell v Stodgell [2009] EWCA Civ 243 – appeal by an applicant wife from a decision that her claims for ancillary relief should be adjourned until a confiscation order made against her husband had been paid. Examination of different types of confiscation order, in particular where an order related to unpaid tax.

Trusts and Probate

Sheena’s work includes cases where claims are made in relation to trusts of land and applications relating to express, resulting and constructive trusts and proprietary estoppel, with such ancillary issues as equitable accounting and/or payments pursuant to s.15 of TLATA. She also deals with probate cases, including applications under the Inheritance (Provision for Family and Dependants) Act 1975 and disputes regarding the administration of estates and the validity of wills.

Recent work has included:

• advising on behalf of an estate as to which of two charities should benefit from a specific bequest upon proper interpretation of the Will
• advising and representing a client in a case where it has been alleged that a testatrix lacked testamentary capacity, coupled with a claim under TLATA

Reported cases:

Nesheim v Kosa [2006] EWHC 2710 – application under the Inheritance (Provision for Family and Dependents) Act 1975 – question as to service and the ability of the court to grant retrospective permission to serve proceedings outside the jurisdiction.

Sheena lives in Putney, and when not at court coaches rowing on the Tideway.