Ashley Fairbrother

Practice Areas

Head of Commercial Litigation and Civil Fraud.

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 an experienced and 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.

He 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 crypto-asset fraudsters can, in certain circumstances, be more readily satisfied than was previously thought.

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, resulting in securing confiscation and compensation orders totalling £38+ million, the largest confiscation order ever obtained by a private prosecutor in the UK.

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.

Career

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.

Professional Memberships

Proceeds of Crime Lawyers Association;

Young Fraud Lawyers Association; and

London Young Lawyers Group.

Publications

Extending APP Fraud Principles to the Crypto Industry: A Critical Analysis - https://thoughtleaders4.com/disputes/disputes-knowledge-hub-view/extending-app-fraud-principles-to-the-crypto-industry-a-critical-analysis

Recent developments that may improve the outlook for victims of APP fraud – article featured in The New Law Journal.

https://www.newlawjournal.co.uk/content/app-fraud-hope-for-victims-