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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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    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.

    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.

    Land and Boundaries

    Ashley acts for businesses and individuals in respects of, right of access, rights of way, nuisance 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
    • Drafting particulars of claim regarding nuisance arising from tree roots and foliage.
    • Advising a charity regarding nuisance, 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 Japanese Knotweed Claims

    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.

    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. She is currently a STEP Affiliate.

    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 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 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.
    • 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.
    • 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.

    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 by personal representatives in the context of a death estate
    • 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.
    • Matters which involve subletting of properties and which engage section 18 of the Housing Act 1988.

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

    She has experience representing banks defending PPI claims brought on a section 140A CCA 1974 ‘unfair relationship’ basis which often involve arguments over limitation. Ashley also has experience in timeshare litigation also pursued under the unfair relationship jurisdiction.

    Recent other 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.
    • advising a non-EEA company regarding authorised push payment fraud which involved the consideration of consumer regulatory regimes and the revised Wire Transfer Regulations.

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

    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 Encyclopedia of Professional Partnerships by Sweet & Maxwell.

    Contractual disputes

    Ashley has particular expertise in the formation and the interpretation of contracts. 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 with 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.

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

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

    Recently she successful obtained a strike out against a litigant in person claimant in a multi-track dispute. Ashley regularly appears in procedural matters including interim applications, relief from sanctions, CCMC hearings and pre-trial reviews.

    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.

    Her insolvency experience includes applications to annul a bankruptcy order in the context of financial remedies in family proceedings.

    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.

  • 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.

    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.

    Finance

    Ashley accepts instructions for FDAs and FDRs.

  • 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
  • Scholarship, Fondation pour le Droit Continental 2012

Professional bodies

  • Chancery Bar Association
  • STEP (Affiliate)