Ashley Pratt

Ashley’s commercial law practice sees him instructed in a range of cases including banking, energy, property, telecommunications, construction and international commercial law. Ashley regularly acts for national and international law firms in respect of his commercial law practice.

Some recent cases Ashley has been instructed in include:

A £96m energy hedge fund dispute.

For 39 Claimants (led) in a group litigation dispute concerning an alleged gold mining ponzi fraud. 

Acting in a harbour dispute in the admin court where permission has been granted for JR.  

A US $120m crypto-currency dispute against one of the chief engineers of a large crypto-currency firm.

An international civil fraud claim defending claims in excess of US$100m.

A £2million telecommunications dispute.

Ashley has been involved in numerous reported commercial law decisions. A highlight of some of his recent cases that have been reported are set out below.

Cases of note:

• 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.  
• 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 case involved complex factual and legal issues concerning loss of chance in an alleged breach of contract dispute. 
• GFH Capital v Haigh [2022] 11 WLUK 169, [2021] 5WLUK 179 - Acting on behalf of Bharani Bank based in Dubai in long-running litigation against the former managing director of Leeds United. The case has involved Ashley appearing in multiple divisions of the High Court and has involved complex issues concerning trusts, property, contract, fraud, and asset-tracing. This matters continues. 
• Kazakhstan Kagazy v Arip [2021] EWHC 521 (Comm) - Advised the defendants leading up to the trial, along with leading counsel, in a civil fraud claim worth in excess of US$100m.
• Atkinson v Varma [2021] EWHC 592 (Ch) - Acting for the defendant following the theft of monies from investors arising out of the purported development of the Grosvenor Hotel in Bristol.

Ashley is regularly instructed by national and international law firms in construction disputes and as well as the traditional TCC work he continues to act in Arbitrations and Adjudications.

Ashley has recently acted in Arbitrations concerning the construction of luxury property in the Bahamas under the AIA rules, a domestic property arbitration, and the proposed construction of a retirement village in London. Ashley is regularly in the middle east and has acted for clients based in the Bahrain and Dubai.   

An example of some recent cases he has been instructed in are:

Acting on behalf of an M & E contractor at trial against its insurance brokers in a claim concerning professional negligence. (2023) 

A commercial development dispute continuing in the High Court (2022). 

Acting for the respondent to adjudication proceedings in respect of multiple allegations of latent defects concerning a substantial residential development (2022).

Latent defect discovered in a penthouse in central London (2022). 

Pursuing a contractor following a property that collapsed mid-build (2021).

Enforcement claim in the Technology and Construction Court following an award for adjudication (2021).

Cases of note:

• G & D Brickwork Contractors Ltd v Marbank Construction [2021] EWHC 3009 (TCC) [2021] 10 WLUK 523 - Ashley appeared before Mrs Justice Joanna Smith in the TCC. 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. The judge described Ashley as having performed a “heroic task” in the case. 

Prior to coming to the bar to practice Ashley worked in a property litigation department of a law firm and dealt with many commercial and residential property disputes. Ashley’s experience is especially useful in commercial chancery cases where enforcement of judgment debts arise both nationally and internationally.

Ashley has acted in a wide range of land disputes over the years including cases concerning breach of restrictive covenants, trusts of land etc. Ashley regularly appears in the Lands Tribunal and the Chancery Division.

Ashley has been instructed in cases on behalf of landlords and tenants following challenges to the payments for cladding where s20 of the Landlord and Tenant Act 1985 notices have not been complied with. He has appeared in the Tribunal in respect of the same. 

Ashley is regularly instructed to challenge and enforce service charges. 

Ashley often acts in cases concerning disputed commercial leases. 

Cases of note:

• 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. 
• Atkinson v Varma [2021] EWHC 592 (Ch) - Acting for the defendant in connection with the theft of monies from investors arising out of the purported development of the Grosvenor Hotel in Bristol.
• GFH Capital v Haigh [2021] (QB) - Recovery/transfer of multiple properties including hotel and apartments held on constructive trust. Involved multiple hearings.