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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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Property and Estates

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.
  • 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

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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)