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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 specialises in business and property disputes with particular emphasis in property and estates, contentious probate and commercial litigation.

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 providing 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 Fondation pour le Droit Continental 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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    Ashley Blood-Halvorsen specialises in business and property disputes with particular emphasis in property & estates and contentious probate.

    Read more about Ashley's expertise in her specialist profiles below.

  • Commercial
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    Financial Services and Regulated Lending

    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. Her experience includes FSMA 2000, Solvency II Directive and the Credit Consumer Act 1974.

    She represents banks and financial institutions at interim hearings. Her 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.

    Ashley also regularly represents lenders and suppliers in consumer credit and mis-selling claims. Her practice includes the new wave of PPI claims (including the unfair relationship s140A CCA 1974) which often involve arguments over limitation. She also has experience in claims for alleged mis-selling of solar panels pursuant to section 75 CCA 1974.

    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.

    Contract disputes

    Ashley has particular expertise in the formation and the interpretation of contracts. She writes commercial analyses for LexisNexis such as ‘Language trumps purpose in relational contracts (Quantum Advisory Ltd v Quantum Actuarial LLP)’.

    She also has a specific interest in matters which allege repudiatory breaches. Other experience relating to formation includes jurisdictional disputes and governing law clauses particularly between parties in England and Scotland.

    She has specific experience in the following industries:

    • Agency agreements including business broker sale agreements and estate agents. She has 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.

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

    Ashley appears 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.
  • Family
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    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.

    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.

    JF v MR and KR

    An ongoing case involving an 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.

    Finance

    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.

  • Probate and Estates
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    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 currently a STEP Affiliate 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:

    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.

    She is willing to consider matters on a Conditional Fee Arrangement in appropriate cases. Ashley also routinely appears in mediations for her clients.

  • Coownership and Trusts of Land
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    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
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    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
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    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:

    • 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
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    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.

    Cases include:

    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.

  • Recommendations

    “It has been great to co work with Ashley on a very complex and contentious case. I cannot recommend her enough for her technical knowledge and skill. I was even more impressed with Ashley’s attitude to the case and that she was just as passionate, as I am, in order to get the best result for my client. My client and I felt the case was safe in her hands and I will definitely be briefing her again in the near future.”

    Richard Port MBE, ​George Green LLP

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

    Oxfordshire Solicitor

    "I do not have Ashley’s contact details, but could you express my thanks to her? I did so after the court hearing, but she did so well and was so friendly beforehand when we discussed the relevant details that I would like again to express my appreciation of her work."

    Client

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
  • Scholarship, Fondation pour le Droit Continental 2012

Professional bodies

  • Chancery Bar Association
  • STEP (Affiliate)
  • Property Bar Association (associate member)