3PB Direct

How much experience do you have in this area?

Five years

How would you describe your approach when working with clients?

I am down to earth and approachable and provide responsive and straight to the point advice for my clients.

 

Legal Expertise

I have a particular interest in all all aspects of probate and estates work, advising and representing individuals.

Cases include:

  • Obtaining a freezing injunction in relation to monies arising out of a sale of a trust property
  • Drafting a particulars of claim regarding breach of trust in the sale of a property from an estate
  • Advising on and appearing in hearings for the removal of trustees and executors
  • Providing advice regarding a beneficiaries entitlement to commence possession proceedings regarding a residential property
  • Advising executors regarding potential inheritance act claims and claims of historic mismanagement with limitation elements
  • Advising claimants regarding inheritance act claims by adult children and those who were maintained by the deceased
  • Cohabitees of the deceased
  • Spouses of a polygamous marriage entered into outside of England and Wales

I can also provide quantum advices for infant settlements hearings when a compromise has been made on behalf of minor children in inheritance.

 

I regularly advise and appear in Trust of Land and Appointment claims. I have experience in occupation rent claims and where there has been a failure to pay the mortgage by one party. I also have experience in cases where one party alleges that they were engaged to be married and the dispute frequently involves issues around non-qualifying ceremonies.

I also act for parties in mediation and alternative dispute resolution.

I act for businesses and individuals in cases involving, right of access, rights of way and boundary disputes.

My recent work includes:

  • Interference with a right of way involving cross-examination of a claimant who accepted that the alleged interference was not substantial
  • Advising a charity regarding interference with an easement and derogation from grant
  • Drafting statement of cases for boundary disputes and advising on Part 36 offers
  • Interpreting rights of way within title deeds and TR1s
  • Advising regarding an easement for the supply of where the servient tenement freeholder threatened to interrupt the supply for which an injunction was obtained
  • Advising regarding a ‘property hijack’ fraud and the right to an indemnity under the Land Registration Indemnity Scheme

I also act in matters involving conveyancing disputes including third party claims of overreaching rights. I have a particular interest in easements.

I accept instructions on behalf of both landlords and tenants and have experience dealing with possession and forfeiture claims and injunctive relief.

I act on behalf of landlords and tenants in respect of the following areas:

  • Possessions by personal representatives in the context of a person’s death
  • Defending counterclaims arising out of disrepair claims
  • Appearing in injunction hearings to permit a gas safety inspection
  • Defending deposit protection claims pursuant to the Housing Act 2004 including where there are multiple tenants and successive tenancies
  • Matters which involve sub-letting of properties
  • Advising landlords in respect of HMOs and the mandatory licensing regime including Rent Repayment Orders
  • Mortgage possession hearings

I have experience in the First-tier Tribunal (Property Chamber) for breach of covenant proceedings and service charge disputes including the interpretation of long leases.

Recent work includes:

  • Advising on lease extensions by occupiers for the purpose of there business
  • Relief from forfeiture hearings
  • Proceedings where there has been unauthorised Airbnb use
  • Obtaining an emergency injunction in a commercial landlord and tenant dispute
  • Advising whether leases have been forfeited or surrendered and the enforceability of a deed of guarantee where it is irregular
  • Successfully resisted a claim for loss of bargain related to guaranteed rental income and the repudiation of a lease
  • Interpreting leases and classifying whether business, residential or common law in relation to holiday lets

Financial services and regulated Lending

A former regulatory compliance  officer with Thomson Reuters, I have extensive experience of the financial services industry including FSMA 2000, Solvency II Directive and the Credit Consumer Act 1974. I frequently represent banks and financial institutions at interim hearings.

My practice includes:

  • Successfully appealing a summary judgment on behalf of a bank based in Abu Dhabi
  • Advising on Financial Ombudsman Service compensation and the application of the Third Parties (Rights against Insurers) Act 1930 and 2010
  • Advising a non-EEA company regarding authorised push payment fraud which involved the consideration of consumer regulatory regimes and the revised Wire Transfer Regulations
  • Successfully defending a bank in a dispute regarding the Credit Payment Recovery guidelines

I also regularly represent lenders and suppliers in consumer credit and misselling claims. My practice includes the new wave of PPI claims which often involve arguments over limitation. I also has experience in claims for alleged misselling of solar panels in accordance with The consumer credit act of 1974.

Insolvency and Bankruptcy

I regularly appear in insolvency hearings such as the winding up petitions, bankruptcy hearings, costs arising out of those hearing and application to set aside statutory demands.

My insolvency experience includes applications to annul bankruptcy orders in the context of matrimonial financial remedies.

Contract disputes

I have particular expertise in the formation and interpretation of contracts.

I also have a specific interest in matters which allege repudiatory breaches. My other experience relating to business formation includes jurisdictional disputes and governing law clauses particularly between parties in England and Scotland.

I have specific experience in the following industries:

  • Agency agreements including business broker sale agreements and estate agents. I have successfully argued the meaning of ‘introduction’ for a claimant in a breach of contract dispute.
  • Recruitment disputes where there is a dispute about candidates and their ‘introduction’ including whether provisions amount to a penalty clause.

My experience includes proceedings that involve ostensible, implied, and apparent authority and I recently advised on such matters against a well-known fintech company.

I appear in procedural matters including interim applications and case management hearings such as:

  • Disclosure before proceedings
  • Summary judgment
  • Set aside default judgment
  • Relief from sanctions
  • Disposal hearings
  • Costs and case management hearings

To contact Ashley

Call 03333 231 586, send us an email or chat to an adviser online:

Chat securely to an adviser online

Or complete the form below:

How to instruct a barrister

Our experienced team of specially-trained clerks make instructing a 3PB Direct barrister simple. Watch our video for a step-by-step guide on how to work with us to achieve a resolution to your legal issue.

We’ll be here every step of the way to support and guide you through the legal challenges at hand.

play movie