Profile description
Ashley is down to earth, approachable and connects well with lay clients who are often appearing in court for the first time. Part of her customer service offering is being responsive and providing advice that is straight to the point.
Probate & Estates
Ashley has a particular interest in all aspects of probate and estates work, advising and representing individuals. Before qualifying as a barrister, she spent some time working for a firm tracing beneficiaries to estates. She is a full member of the Society of Trust and Estate Practitioners and earned a merit in her Taxation of Trusts and Estates exam.
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 devastavit 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.
She has given talks regarding:
- ‘DIY Will Drafting and Digital Assets – what can go wrong?’ in connection with STEP East Midlands
- ‘The cost of dying - litigation costs in Probate and Inheritance Act claims’
She can provide quantum advices for infant settlement hearings when a compromise has been made on behalf of minor children in Inheritance (Provision for Family and Dependants) Act 1975 claims.
Cases include:
- Re Estate of GB - Advised, and drafted particulars of claim regarding a breach of trust, fiduciary duty, devastavit and fraud of an executor. Ashley subsequently successfully represented the Claimants in a summary judgment application in the High Court.
- Re Estate of JC - Part 8 proceedings regarding the construction of a clause in a will and whether or not a trust is properly constituted.
- Re Estate of EJ - Advising an executor regarding potential claims on the estate from a beneficiary in Australia.
- Re Estate of MS - Advising an executor regarding a 1975 claim from a polygamous wife with a severely disabled child.
- Re Estate of KS - Representing the adult child who was maintained by the deceased in 1975 proceedings. Successfully resisted a strike out application in the High Court.
- Re Estate of PB - Advised in a 1975 claim involving a cohabitee and a separated spouse. Questions over what formed part of the net estate.
- Re Estate of PS - Advising in a 1975 claim involving a cohabitee who has a legal interest in the joint property. Dispute about whether the applicant is entitled to a life interest.
Coownership and Trusts of Land
Ashley regularly advises on and appears in Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) claims. She has experience of occupation rent claims and where there has been a failure to pay the mortgage by one party. She also has experience of where on party alleges that they were engaged so to rely on the Matrimonial Proceedings and Property Act 1970 this can involve issues around non-qualifying ceremonies.
She acts for parties in mediation and alternative dispute resolution.
Cases include:
- M v M - Dispute between a father and son regarding various properties, promissory estoppel, and constructive trusts with an international element. The matter started as a small claim and was transferred to the multi-track. Proceedings were settled after Ashley drafted a Reply to the Amended Defence.
- DH v PP - Dispute between former cohabiting couple and whether or not there was a common intention constructive trust.
- SH v ZM - Dispute between a former couple which included significant analysis of financial statements, taking of an account and occupation rent.
- DY v MH - Dispute between former cohabitating couple where it was alleged that there was an engagement which was denied. There was an argument about whether a ‘garden office’ constituted a substantial improvement to the property. The matter was settled in a mediation in which Ashley appeared.
- JF v MR and KR - A matter which concerned express declaration of trust between a mother and son with the former girlfriend. Arguments surrounding running an equitable account before the relationship breakdown to take into account significant unmet contributions made by one party.
- RM v PB - A dispute about jointly held property and whether an unsigned declaration of trust constituted a ‘settled agreement’ between the parties. Satellite arguments over estoppel and whether there has been detriment. The property was in negative equity the majority of time since purchase.
Land and Boundaries
Ashley acts for businesses and individuals in respects of, right of access, rights of way, and boundary disputes. 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.
She also acts in matters regarding conveyancing disputes including third party claims of overreaching rights. She has a particular interest in easements including the construction thereof.
Commercial Landlord and Tenant
Ashley accepts instructions on behalf of both landlords and tenants and has experience in dealing with possession and forfeiture claims, and injunctive relief. Recent work includes:
- Advising on lease extensions pursuant to the Landlord and Tenant Act 1954 including what is meant by in occupation for the purpose of its business.
- Relief from forfeiture hearings.
- Proceedings where there has been unauthorised Airbnb use.
- Obtaining an emergency injunction in a commercial landlord and tenant dispute involving the CRAR procedure.
- Advising on lease extensions pursuant to the Landlord and Tenant Act 1954.
- 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.
Residential Landlord and Tenant and Housing
Ashley acts on behalf of landlords and tenants in respect of the following areas:
- Possessions by personal representatives in the context of a death estate.
- 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 subletting of properties and which engage section 18 of the Housing Act 1988.
- Advising landlords in respect of HMOs and the mandatory licensing regime including Rent Repayment Orders.
- Ashley also regularly appears in mortgage possession hearings on behalf of the lender.
She has experience in the First-tier Tribunal (Property Chamber) for breach of covenant proceedings and service charge disputes including the interpretation of long leases.
- GB v AP, NS and EH - Currently advising pre-issue a long leaseholder in relation to repairing covenants and enforcement covenants with the freeholder. Interesting point of law in relation to direct enforcement of the repairing covenants against another long leaseholder within the same building who recently died.
- LS v MC - Advising on the interpretation of a lease and supplemental lease for an application to the FTT. Dispute over the reasonableness of service charges and whether the property constitutes a ‘dwelling’ for the purposes of the 1985 Act.
Insolvency and Bankruptcy
Ashley regularly appears in insolvency hearings such as the winders, bankruptcy hearings, costs arising out of those hearing and application to set aside statutory demands. Her insolvency experience includes applications to annul bankruptcy orders in the context of matrimonial financial remedies.
During her pupillage she assisted her supervisor in the reported case of Singh v Hicken [2018] EWHC 3277 (Ch) who represented Mr Hicken. Singh v Hicken concerned a challenge to trustee’s remuneration. Mr Justice Nugee (as he was then) considered the approach to be adopted to such applications, including the applicability of the provisions in the Insolvency Practice Direction dealing with remuneration applications.
Much of Ashley’s practice overlaps family matters and disputes. She regularly advises on TOLATA matters and has appeared in applications to annul bankruptcy order in the context of marital breakdowns.
Co-ownership and Trusts of Land
Ashley appears in Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) claims. She has experience of occupation rent claims and where there has been a failure to pay the mortgage by one party. She also has experience of where on party alleges that they were engaged so to rely on the Matrimonial Proceedings and Property Act 1970 this can involve issues around non-qualifying ceremonies. She acts for parties in mediation and alternative dispute resolution.
Ashley accepts instructions for FDAs and FDRs. She has a particular interest in proceedings involving inherited wealth upon divorce. Her insolvency experience includes applications to annul bankruptcy orders in the context of financial remedies.She is particularly instructed by Intervenors when there is a dispute about the beneficial interest in real property and or trusts.
Cases include:
ML v CL and The Official Receiver - Represented the Husband in an application made by Wife to annul Husband’s bankruptcy. The Wife alleged the Husband made himself bankrupt to frustrate matrimonial finance proceedings. Arguments over whether the Husband was cash flow insolvent and the significance of a Capital Gains Tax liability.
RV v KV - Represented the Husband at interim hearings regarding an application by a third party to intervene in the matrimonial finance proceedings who was resident in Zimbabwe. Successfully represented Husband at the final hearing. Issues concerning the authenticity of a purported deed of trust, beneficial interest in the former matrimonial home and sharing of the other matrimonial property. Matter was settled on the first day of the final hearing.
SD v KD and SN - Represented the proposed intervener at a Financial Dispute Resolution hearing. Husband claims he has a beneficial interest in the Intervenor’s property based on claiming monies used for the purchase were not a gift. Ashley continues to represent the Intervenor.
SN v PN and SK - Represented the Husband at a First Directions Appointment. Identified that there was an arguable case for the Husband’s mother to intervene in the matrimonial finance proceedings on the basis she has a beneficial interest in real property obtained by the couple before they were married. Ashley continues to represent the Husband.
