Ashley Fairbrother - Partner

Ashley possesses a unique specialism in investigations and contentious practice, with expertise in large complex commercial disputes, fraud, and asset recovery, as well as being a highly experienced private criminal prosecutor. His commitment to justice and understanding of the complexities of civil and criminal law provides him with a distinctive advantage to deliver results for his clients.

Ashley is a skilled litigator known for his acute analytical judgment, creative approach, and his ability to unravel complex disputes. He is often instructed in emergency procedures, including asset freezing relief where time is of the essence, and his work ranges from professional negligence claims, the diversion of business opportunities and breaches of fiduciary duty to claims involving deceit, conspiracy, and secret profit.

A seasoned private prosecution specialist, Ashley fearlessly champions justice on behalf of his clients. His understanding of the nuances of criminal law surrounding private prosecutions enables him to pursue such cases with tenacity and efficacy. Notably,  led by Tamlyn Edmonds, he has advised and represented a client in confiscation proceedings prosecuted against an “Olympian scale” fraudster known as King Con, Ketan Somaia, resulting in securing confiscation and compensation orders totalling £38+ million, the largest confiscation order ever obtained by a private prosecutor in the UK.

Ashley maintains a deep understanding of the evolving crypto fraud landscape. His knowledge of blockchain technology, cryptocurrency and NFT’s enables him to navigate the complexities of crypto fraud with precision. He was recently involved in the pioneering case of Law v Persons Unknown and Huobi Global Ltd [2023] 1 WLUK 577 (26 January 2023) (Delivery up of funds in offshore cryptocurrency accounts ordered despite WFO) which resulted in a novel mechanism by which substantial judgments obtained against cryptoasset fraudsters can, in certain circumstances, be more readily satisfied than was previously thought.

Throughout his career, Ashley has been recognised for his strategic thinking, tenacity, and creative approach to the law.  He continues to push boundaries and demonstrates adaptability in navigating evolving legal landscapes to achieve justice for his clients.

Ashley’s notable achievements include:

Crypto Fraud Success: His passion to help victims of crypto scams combined with expertise in blockchain technology, cryptocurrency, and NFTs enables him to navigate the complexities of crypto fraud with precision.

• He recently worked on the pioneering case of *Law v Persons Unknown and Huobi Global Ltd*, which set a precedent for satisfying judgments against crypto asset fraudsters, where the assets are held overseas.
• In a recent noteworthy case, Ashley successfully navigated the complexities of a crypto fraud involving an elderly farmer, who was defrauded of over £300,000. Through strategic negotiations and collaboration with law enforcement, Ashley recovered these stolen assets from an exchange in the Seychelles, held by an Israeli national, without the need for enforcement overseas.
• More recently, he pioneered a collaborative effort with Law Enforcement in enforcing a default judgment against Persons Unknown against an overseas exchange, to make a full recovery for an elderly and vulnerable victim of a low level (£90k) crypto investment scam, that could provide a blueprint for similar cases.

Recovery of Stolen Charity Funds: Ashley also recently led the recovery of stolen funds from Macmillan Cancer Support. In the case of *R (Macmillan Cancer Support) v Kellie and others*, Ashley managed the talented EMM team which investigated and prosecuted of a sophisticated fraud involving hundreds of bank accounts, alias’s, and multiple layers of money laundering, against five linked individuals.

What the directories say:

Ashley is ranked as a band 2 lawyer in Chambers & Partners 2025– Financial Crime: Private Prosecutions in London.

“He’s prepared to work to find a route through; he’ll explore every possible angle and provides even-handed advice, giving them the best possible chance. Ashley is very valued by his clients.” Chambers & Partners 2025

What his Clients say:

“His specialist criminal knowledge, skills and expertise is second to none. He provides a sound analysis, judgement and recommendations in a variety of difficult situations whereby charity money is at risk or been stolen and has achieved success for Macmillan on a regular basis since our original meeting.

Ashley is always quick to respond and extremely helpful, whether that is during normal working hours and beyond. Whilst technically he is excellent, he is also a joy to work with, not just with me but any other Macmillan colleagues he has had to deal with and external parties and over the years we built an excellent working relationship.

Since 2019 Ashley has specialised in working in the charity sector and helped many other charities when they have been defrauded. Due to his efforts, in my view, EMM are viewed as the law firm to approach by charities when faced with crime. His efforts culminated in EMM being awarded the Public/Private Partnership Excellence Award in 2023.          

Ashley is extraordinarily clever and equally tenacious, but the reason he achieves such success for us is that his interpersonal skills are exceptional, which in fast moving frauds will often be the difference between success and failure” (Bob Browell – Counter Fraud Manager – Macmillan Cancer Support – July 2024).