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Ashley Blood-Halvorsen

Year of Call: 2017
Email Address: ashley.halvorsen@3pb.co.uk
Telephone: 0121 289 4333

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Overview

Ashley Blood-Halvorsen is a British-Canadian originally from Toronto, specialising in business and property disputes with particular emphasis in property and estates, commercial litigation and contentious probate and estates.

Ashley has worked in numerous industries ranging from real estate to automotive and was a self-employed wedding photographer whilst a student in Canada. Ashley is exceptionally commercial having co-owned a legal business specialising in social security and employment law. As business development director, she significantly increased the number of charitable partners working with the business putting specialist advocacy services within the reach of a million people.

She 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 offering advice that is straight to the point.

Ashley is a prize winning barrister, having been awarded both the Nicholas Pumfrey Memorial Scholarship and the Blackstone Entrance Scholarship by Middle Temple, and the Dean’s Bar Professional Training Course (BPTC) Scholarship. In addition, she won the Baron Dr Ver Heyden de Lancey Prize as the best Middle Temple student on the BPTC at her centre.

Publications

Clawing Back the Cash—The Test for Permission to Challenge a Trustee in Bankruptcy's Remuneration — A Look at Singh v Hicken - Article published on Feb 11, 2019 in the Corporate Rescue and Insolvency Journal - Citation: (2019) 1 CRI 8. Authors: James Davies and Ashley Blood-Halvorsen

Cannabis: A look at sweeping global change – Published in June 2019 as a paper for the working party of the Society of Conservative Lawyers. Forward written by Victoria Prentis MP.

Ashley is a guest editor of the Surveyors chapter of the Encyclopaedia of Professional Partnerships by Sweet & Maxwell.

Academia

Ashley read history at the University of Toronto, where she specialised in the history of religion. She relocated to England in 2011 to study law and graduated top of her class, winning the Sweet & Maxwell Law Prize as the top performing final year student. During her law degree she spent a summer studying civil law in France at Paris II-Panthéon Assas University (Sorbonne). She was awarded a scholarship from the Scientific Council of the Foundation to attend.

Interests

Outside work, Ashley’s varied interests include Jewish apocalyptic literature, Freddie Mercury and day trading stocks on listed exchanges.

Expertise

  • Property and Estates
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    Commercial Landlord and Tenant

    Ashley Blood-Halvorsen 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:

    • 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

    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.

    Current Cases

    • 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 has been transferred to the multi-track.

    Land and Boundaries

    Ashley acts for businesses and individuals in respects of, right of access, rights of way and nuisance. Recent work includes:

    • Interference with a right of way involving cross-examination of a claimant who accepted that the alleged interference was not substantial
    • Drafting particulars of claim regarding nuisance arising from tree roots and foliage.
    • 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
    • Advising regarding Japanese Knotweed Claims

    She also acts in matters regarding conveyancing disputes including third party claims of overreaching rights.

    Professional Negligence (Property)

    Ashley specialises in professional negligence against solicitors in particular in relation to property transactions and conveyancing. Recent cases include:

    • Advising multiple claimants in regards to escalating ground rent clauses who were not properly advised by their conveyancing solicitors.
    • Advising regarding solicitors who failed to complete on a property when instructed to do so resulting in a loss of chance

    Probate and 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. In one case she identified a beneficiary residing in Spain.

    Recent 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 the removal of trustees and executors
    • Providing advice regarding a beneficiaries entitlement to commence possession proceedings regarding a residential property
    • Advising claimants regarding inheritance act claims including by adult children and those who were maintained by the deceased

    Current cases:

    • Re Estate of GB -  Advised, and drafted particulars of claim regarding a breach of trust, fiduciary duty, devastavit and fraud of an executor.

    She is willing to consider matters on a Conditional Fee Arrangement in appropriate cases.

    Residential Landlord and Tenant and Housing

    Ashley acts on behalf of landlords and tenants in respect of the following areas:

    • Possessions on the basis of section 8 and section 21 notices
    • Defending counterclaims arising out of disrepair claims
    • Licence possessions including those classified as excluded tenancies
    • 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.
    • Drafting defences to deposit claims including where there are multiple tenants and successive ASTs.

    Ashley also regularly appears in mortgage possession hearings on behalf of the lender.

    Current Cases

    • 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.
  • Commercial
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    Business financing

    Ashley Blood-Halvorsen has interests in stock and shares particularly those listed on public exchanges. Before coming to the bar, she worked for three years in regulatory compliance for Thomson Reuters. Her work was focused on financial regulation including FSMA and the Credit Consumer Act. She also has experience in data protection regulation.

    Recent experience includes an advice regarding a decision made by the Financial Ombudsman Service and the application of the Third Parties (Rights against Insurers) Act 1930 and 2010.

    Asset and tax law

    Her practice includes applications for adjournment and the hearing of permission to appeal late in the first tier tax tribunal for self assessment.

    Company / Partnership law and disputes

    She appears in applications seeking rectification of the company register. Ashley is a guest editor of the Surveyors chapter of the Encyclopaedia of Professional Partnerships by Sweet & Maxwell.

    Contractual disputes

    Ashley regularly appears in breach of contract matters ranging from the formation of contracts to repudiatory breaches. She has experience with agency agreements, sale of goods and business broker sale agreements. She has successfully argued the meaning of ‘introduction’ for a claimant in a breach of contract dispute.

    She is particularly interested in the formation of contracts including ostensible, implied, and apparent authority. She recently advised on such matters against a well-known fintech company.

    Other experience relating to formation includes jurisdictional disputes and governing law clauses particularly between parties in England and Scotland.

    She is currently advising on business interruption claims which involve the interpretation of insurance policies and causal analysis.

    Her practice also includes the recovery of goods provided on financing where there was a counter claim pursuant to the Consumer Rights Act 2015.

    Recently she successful obtained a strike out against a litigant in person claimant in a multi-track dispute.

    Ashley regularly drafts statements of case including particulars of claim and defences.

    Data Protection and GDPR

    Whilst at Thomson Reuters Ashley worked with global data protection legislation including the GDPR and the Data Protection Act 2018. She was involved in the testing of artificial intelligence (IBM Watson) in solving data protection queries.

    She recently advised on the quantum of a dispute with a local authority relating to a data breach.

    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. She successfully appealed a summary judgment on behalf of a bank based in Abu Dhabi.

    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 considered the approach to be adopted to such applications, including the applicability of the provisions in the Insolvency Practice Direction dealing with remuneration applications.

  • Public and Regulatory
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    Financial Services regulation

    Prior to completing pupillage with 3PB Barristers, Ashley Blood-Halvorsen had a career at Thomson Reuters working primarily in regulatory compliance with an emphasis on financial services industry. Her work encompassed both UK and EU legislation and also statute from the United States. Her experience includes FSMA 2000, Solvency II Directive and the Credit Consumer Act 1974.

    Her practice includes advising on Financial Ombudsman Service compensation and the application of the Third Parties (Rights against Insurers) Act 1930 and 2010.

    She recently advised a non-EEA company regarding authorised push payment fraud which involved the consideration of consumer regulatory regimes and the revised Wire Transfer Regulations.

    She is currently involved in claims regarding the selling of timeshare ownership being pursued under the unfair relationship jurisdiction of the Consumer Credit Act 1974.

    Asset and tax law

    Her practice includes applications for adjournment and advocating for late permission to appeal a decision in the first tier tax tribunal.

    Cannabis regulation/industry

    She also has an interest in the regulation of cannabis particularly in Canada and the United Kingdom with particular emphasis on product regulation and economic policy. In June 2019 her review of the global regulatory framework was published with a forward written by a member of parliament. In January 2018, Ashley was awarded a researcher role to write a report on the law of cannabis in wake of sweeping global reforms. Ashley’s research and interests lie within regulatory frameworks and the commercial expansion of related medicinal and recreational cannabis drug industries.

    Data Protection and GDPR

    Whilst at Thomson Reuters Ashley worked with global data protection legislation including the GDPR and the Data Protection Act 2018. She was involved in the testing of artificial intelligence (IBM Watson) in solving data protection queries.

    She recently advised on the quantum of a dispute with a local authority relating to a data breach.

  • Personal Injury
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    Ashley's experience includes:

    Road Traffic / Motor Claims / Credit Hire

    • Fast track trials on liability and also trials restricted to causation and quantum
    • Fast track and small claim hearings for credit hire including submissions regarding survey evidence produced, intervention letters and impecuniosity
    • Representing motorcyclists in road traffic accidents
    • Infant approvals and stage 3 MOJ portal hearings
    • Fundamental dishonesty and low velocity collision

    Procedural Matters

    • Advising on applications for relief from sanctions and appearing in hearings
    • Advocating for summary judgment and strike out applications
    • Case management conferences including CCMCs for multi track disputes
  • Recommendations

    “Thanks very much for the advice.  Please pass on my thanks to counsel – prompt, straight to the point, clear and professionally done.”

    Oxfordshire Solicitor

Academic qualifications

  • Law (LLB) 1st Class, University of Derby
  • BA (Hons) History (Religion), University of Toronto, Canada
  • BPTC (BPP University) Very Competent 2017
  • Certificate in Civil Law, Paris II-Panthéon Assas University 2012

Scholarships

  • Baron Dr Ver Heyden de Lancey Prize, Middle Temple 2018
  • Leeds Medico-Legal Society Personal Injury & Clinical Negligence Prize 2017
  • Dean’s BPTC Scholarship 2015
  • Sweet & Maxwell Law Prize 2014
  • Nicholas Pumfrey Memorial Scholarship, Middle Temple 2014
  • Blackstone Entrance Scholarship, Middle Temple 2014
  • Land Law Prize, UoD 2013

Professional bodies

Chancery Bar Association