Ashley Pratt

Cases of note:

• GFH Capital v Haigh [2021] EWHC 3203, [2021] EWHC 1533 (Comm), [2022] EWHC 3110 (Comm) – Ashley continues to be instructed by Gulf Finance House in this widely reported case. GFH are a Bharani Bank based in Dubai. This long-running litigation is brought by GFH against their former deputy CEO following his conviction in the Dubai Court for defrauding them. At the time of the fraud Mr Haigh was a qualified solicitor and had also been the managing director of Leeds United FC. Ashley has appeared in multiple divisions of the High Court in hearings involving complex issues concerning trusts, property, contract, fraud and asset-tracing, an extended civil restraining order, as well as advising on various appeals.  
• ACM Investments LCC v Ronald Charles Finley & Ors [2023] (Comm) – Instructed by the Claimant company at late notice to assist in the drafting of documents and to appear as junior counsel at the return date to a world-wide freezing injunction in support of its continuance against the NCADS. Complex issues in the case concerned whether the NCADS could be served out of the jurisdiction. Following the ruling to set aside the injunction Ashley was instructed as part of a counsel team of four to draft the skeleton and appeal grounds for the PTA. The basis of the action concerns a judgment debt order obtained in the High Court and its enforcement in Bulgaria.      
• The Royal London Mutual Insurance Society Ltd v Segro [2022-2023] (Comm) – Ashley advised the Royal London Mutual on the disputed terms of a £120 million sale regarding a commercial property on a West London Retail Park. A dispute arose as to whether the terms of sale had been fulfilled. Royal London Mutual brought an injunction to enforce completion, the matter was settled and the transaction completed prior to the hearing.   
• X v Bahamas Building Company (2022) – Instructed by a Silk at a leading Bahamas law firm in respect of high value dispute under the American Institute of Architects rules. Ashley acted on behalf of a HNWI against a construction firm on a point in the contract which affected the way the works and the final valuation and developments costs were calculated. 
• Elias v Mamistvalov & Soda Holdings Ltd [2022] EWHC 1930 (Ch) – Instructed to act for the appellants Mamistalov and Soda Holdings Ltd for permission to appeal to the Court of Appeal. The Court was ultimately asked to decide which party beneficially owned the single share in Soda Holdings. Issues in the case concerned whether the SPA was a sham, the unwinding of a swap agreement and the basis of ownership. The PTA application focussed on the admitted failure of Elias to properly disclose documents and the impact it had on Fancourt J’s decision.   
• Simwood e SMS v GovData [2022] 1 WLUK 359 – Acting for Simwood in successfully resisting an application in a high value telecommunications dispute to strike out its claim prior to trial. Ashley appeared alone against leading counsel. The case concerned an alleged failure to have Simwood appointed to a government telecommunications panel. The dispute involved complex factual and legal issues concerning loss of chance in a breach of contract dispute. 
• R. (on the application of Bembridge Harbour Trust) v Bembridge Harbour Improvement Co Ltd [2023] 6 WLUK 357 – Acting for Bembridge Harbour Trust, a charity, in its judicial review concerning the distribution of finances of the statutory harbour authority. Led by Thomas Hill KC.
• A v B (Confidential) (2021) – Acting on behalf of a HNWI on a potential injunction and disclosure arising out of matrimonial dispute. It was alleged that $120m of crypto currency was being dissipated to various jurisdictions to avoid being caught by the ancillary relief proceedings. 
• Kazakhstan Kagazy v Arip [2021] EWHC 521 (Comm) – Advised the defendants leading up to the trial in a civil fraud claim worth more than $100m. Led by Richard Spearman KC. 
• Atkinson v Varma [2021] 3 WLUK 240 (Comm) – Acting for the defendant following the theft of monies from investors arising out of the purported development of the Grosvenor Hotel in Bristol. Ashley was subsequently instructed to defend the contempt proceedings in the Commercial Court. 
• Outfox the Market v Dong Energy SALG [2021] – Advising Outfox the Market on a contractual hedge that was set to expire. Had the hedge expired under the agreed terms, it would have cost the energy company £96million. The matter settled prior to the expiration of the contractual hedge. 

Adjudications

• KL v A (2023) – Advising a referring party in respect of the effects of liquidation on adjudication proceedings.  
• Various v National Cinema Chain (2023). Acting on behalf of a national cinema chain in respect of defending various adjudications arising out of alleged poor workmanship. 
• C v E (2022) – Ashley acted on behalf of a mechanical electrical contractor in recovering monies following a dispute as to the work performed and issues surrounding prolongation.

Court

• G & D Brickwork Contractors Ltd v Marbank Construction [2021] EWHC 3009 (TCC) [2021] 10 WLUK 523 – The case concerned the relationship between strike out in the County Court, subsequent adjudication and enforcement in the TCC.
• Italian KBB Co Ltd v Boutros [2021] 196 Con. L.R.224 – Ashley appeared on behalf of a defendant in this complex construction dispute concerning breach of contract, the right to insist upon an account and the law concerning penalty interest clauses.

Arbitrations

• X v Bahamas Building Company (2022) – Instructed by a Silk at a leading Bahamas law firm in respect of a high value dispute under the American Institute of Architects rules. Ashley acted on behalf of a HNWI against the construction firm. The dispute surrounded interpretation of the building contract and valuation. 
• A v Pension Development Company (2023) – Acting on behalf of a national land purchaser in a dispute surrounding the completion terms of a large development of retirement properties in South London. Led by Thomas Hill KC. 

Cases of note:

• GFH Capital v Haigh [2021-ongoing] (KB) – Acting on behalf of Gulf Finance House in the recovery and transfer of multiple properties including a hotel and apartments held on constructive trust. Ashley has represented GFH in multiple hearings on the case which eventually led to a debarring order against the Defendant and an order for the transfer of the properties to GFH. Ashley remains instructed in respect of the recovery of various other properties.   
• HNWI v Bahamas Developer (2023) – Acting on behalf of a HNWI in the Bahamas following the destruction of various trees and habitats after the developer of a neighbouring property had built a road without the owner’s consent.  
• Developer v Campaign for Truth and Justice (2023-2024) – Ashley continues to act for the developer in the recovery of real estate from the Campaign for Truth and Justice, an organisation that seizes various land and property in the Greater London Area citing Magna Carta.  
• Cambridge County Council v A Residents Association (2023) – Acted for Cambridge County Council in defeating arguments surrounding the conversion of property from business use to a residential development.  
• A Residents Association v Tenants (2023) (First Tier-tribunal) – Advising and representing a resident’s association that service charges were not properly payable under a lease. 
• Davies v Zoom Properties (2022) – Successfully acted on behalf of Mr Davies in obtaining a Freezing Injunction to prevent the legal transfer of his property to zoom which had been fraudulently acquired by a third party.
• Local Authority v 220 Residents (2022) – Advising a local authority on a failure to provide proper notice to various residents about charges that had been made under leases without serving the requisite notice.