Ashley Fairbrother – Associate

Ashley has a unique expertise, as a Prosecutor specialising in both criminal and civil litigation for client’s who have been the victims of sophisticated frauds. He predominantly acts for individuals and companies who have been the victims of financial crime, advising on criminal investigations with a view to commencing a private criminal prosecution. Ashley has particular expertise in acting for clients making applications and claims in the Civil Courts (both Chancery and Queen’s Bench Division) in order to source evidence to deploy in criminal prosecutions.

Case highlights include advising and representing a client to secure confiscation and compensation orders totalling £38+million in the  largest ever confiscation order ever obtained by a private prosecutor, with a default sentence of 24 years imprisonment.

In a first of its kind, he has recently concluded a case successfully making an application in the Chancery Division for the court’s permission to use documents disclosed in bankruptcy proceedings for the purposes of a private criminal prosecution.

Ashley also prosecutes a large number of  intellectual property prosecutions. He is well versed in the Trade Marks Act 1994, Copyright Designs and Patents Act 1988 and Fraud Act 2006 and acts for a number of high profile brands and companies in the fashion and luxury goods sector.

He is faultlessly calm, good-humoured and well organised. He is a talented young lawyer dedicated to providing exemplary service to our clients.

Recent Cases

  • R v Camilleri (2018) – successful prosecution for making false representations in an IVA proposal, in which assets were valued at £9m.
  • In the Matter of the Criminal Justice Act 1988 -R v Gheewala & anor – (2017) – civil enforcement proceedings against a defendant and various family members including his ex-wife, sister, brother-in-law, associate and daughter.
  • Acting for a client in a professional negligence action against her former solicitors.
  • Court of Appeal case of Ketan Somaia v Regina (on a prosecution by Murli Mirchandani) [2017] EWCA Crim 741
  • Acting for a Director in a derivative claim brought by an off-shore company in relation to allegations of diversion of opportunity, diversion of revenue, misrepresentation and accounting irregularities.
  • R v Somaia (2016)- confiscation proceedings resulting in the obtaining of a £38m+ confiscation and compensation orders.

Professional Memberships

Ashley is a member of the:

  • Proceeds of Crime Lawyers Association;
  • Young Fraud Lawyers Association;
  • London Young Lawyers Group; and
  • The Junior Lawyers Division.

Career

Ashley joined Edmonds Marshall McMahon in 2013 from a specialist Regulatory Corporate Crime team at an international law firm. His role there included advising on investigations and prosecutions by Defra, the Environment Agency, HSE and local authorities, as well as advising and drafting of anti-bribery and corruption policies. Before that, he read law as an undergraduate before completing a Master’s degree in European and International Business Law at the University of Leeds and the Legal Practice Course at BPP University London.

Qualifications

  • LLB (Hons) Law: 1st
  • LLM European and International Business Law: Distinction
  • Oxford, Cambridge and RSI examination.
  • Legal Practice Course: Distinction

Recent articles

R v Andrew John Camilleri (2018) – An IVA Proposal and War of Attrition

An Approach to Prosecuting Intellectual Property Crime:  The Prosecutors

The pursuit and recovery of criminal assets in the civil and criminal courts

The Coercive Confiscation Regime – Monumental Orders for Olympian Scale Fraudsters

Private Prosecutor secures confiscation and compensation order of £38,855,647

Greater assistance to victims giving evidence

Litigation costs – how far will £10,000 get you

Criminal Courts Charge

Design right infringement