Ashley Fairbrother – Associate

Ashley has a unique expertise, specialising as both a private prosecutor in the criminal courts for clients who have been the victims of fraud, financial and cyber-crime, intellectual property crime and insolvency fraud, yet he also has significant experience in the civil courts, both in the Chancery and Queen’s Bench Division. His combined skill-set enables him to use innovative ways to maximise the potential recovery of assets on behalf of the victims of fraud.

Whilst a criminal investigation is usually the preferred option, this may not always be possible or practicable in every case, and Ashley has particular expertise making applications and claims in the civil courts in order to source evidence to deploy in criminal prosecutions.

Fraud/Financial Crime

Since joining the firm in early 2013, Ashley has acted for clients who have been the victims of all manner of frauds, from investment scams, carbon credit scams, boiler-room frauds, employee theft/fraud, client and procurement fraud.

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 in the UK, in which the Defendant was given a default prison sentence of 16 years, for failing to repay the orders made against him.

Cyber-Crime

Ashley has recently acted for an over-seas shipping company in what was a classic example of cyber fraud, with which the courts are now regrettably familiar. During the course of one month in January 2019, the victim company made payments of €1.6 million to a bank account held with an English bank, having been deceived into doing so by way of requests for payments made in emails sent to it masquerading as emails from a subsidiary company (to which it was accustomed to making regular payments). He assisted in successfully securing the return of €800,000 and the outstanding sums are currently being pursued in other jurisdictions.

Similarly, in February 2019, he acted for an individual and  three companies, who over the course of a month, made payments of £700,000 into an English bank, having been deceived into doing so by way of requests for transfer of money made in telephone calls and emails sent to the victim masquerading as communications from a legitimate investment management company which would use the transferred money to make investments on the victim’s behalf. We have managed to secure the return of c.£200,000, but the remainder was transferred into crypto currency, which we are pursuing.

Intellectual Property Crime

Ashley  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 represents some of the world’s leading brands and companies in the fashion and luxury goods sector.

Insolvency Fraud

Ashley has acted in a number of insolvency related frauds. In 2018, he assisted in successfully convicting a defendant for making false representations in an Individual Voluntary Arrangement (“IVA”) proposal contrary to section 262A of the Insolvency Act 1986. The prosecution was brought by one of Defendant’s many creditors.

Costs Law

Ashley has a significant amount of experience in advising clients on the recovery of legal costs. He combines a mathematical background and a good knowledge of costs law to advise on a strategy that secures a successful outcome for his clients.

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

  • Fuseon Limited v Senior Courts Costs Office [2019] EWHC 126 (Admin), – Landmark decision on extent of recoverable costs incurred by a private prosecutor.
  • 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; and
  • London Young Lawyers Group.

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

Bringing private prosecutions for the sale of ‘grey goods’ R v M; [2017] UKSC 58,

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