Ashley Fairbrother - Senior Associate

Ashley has a unique expertise as a criminal fraud prosecutor whilst also having extensive civil litigation and dispute resolution experience. His combined skill-set as a civil and criminal lawyer enables him to use the law in innovative ways to maximise the potential recovery of assets on behalf of the victims of fraud.

He is a bright and analytical fraud lawyer who has led on a range of large, complex, cross border matters to achieve exceptional recoveries for his clients. He approaches each case with a forensic, determined and creative mind set and works relentless and creatively to quickly get to the nub of the issue.

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, and cyrpto currency frauds.

Case highlights include advising and representing a client in Proceeds of Crime Act 2002 proceedings to secure confiscation and compensation orders totalling £38+million, securing the largest confiscation order ever order obtained by a private prosecutor in the UK.

Civil Recoveries

He is currently instructed in multi-jurisdictional fraud proceedings on behalf an Estate and has recently brought successful contempt of court proceedings: Steven Shelley v The Estate of Christopher Norman [2021] EWHC 975 (QB) Ashley has recently acted for a client in Proceeds of Crime Act proceedings and related civil recovery proceedings to secure a considerable recovery for his client. He is acting in a range of ancillary civil claims for those who have been the victims of fraud, including negligence claims, undue influence claims, and other claims seeking proprietary relief.

Cyber-Crime

Ashley has recently acted for an overseas shipping company in a classic example of cyber fraud. 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 purporting to be sent from a subsidiary company (to which it was accustomed to making regular payments). Ashley assisted in successfully securing the return of €800,000 to the victim company. The outstanding sums are currently being pursued in other jurisdictions.

Similarly, in February 2019, Ashley acted for an individual and three companies, who over the course of a month, made payments of £700,000 to an English bank, having been deceived into doing so by way of requests for the 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. The remainder of criminal proceeds were converted into crypto currency, which we are pursuing.

Charity Fraud

Ashley acts for a number of well-known national charities who have been the victims of fraud and carries out investigations and advices on either civil or criminal options for the recovery of charitable proceeds whilst also bringing offenders to justice.

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 prosecuting 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 an impressive knowledge of costs law to advise his clients to secure successful cost. He has recently acted in a number of landmark costs cases and been successful in each of those claim, including Fuseon Ltd v Senior Courts Costs Office [2020] EWHC 126.

Above all, Ashley is good-humoured, calm under pressure and well organised. He is a talented young lawyer dedicated to providing an exemplary service to his clients.

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

Ashley is a member of the:

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