Barrister Profile
Ashley Ailes was called in 1975, after researching for a Master’s degree in law, and has enjoyed nearly 40 years continuous practice at the Bar on the Western Circuit. He has enormous experience over a broad range of work in family, civil and crime at all levels. Ashley looks at the practicalities of a case, and engages well with the lay client, while giving a frank appraisal of the merits.
Expertise
Family: Care & Children
Public Law / Care and Adoption Proceedings
Ashley has vast expertise in acting in all types public care proceedings whether for the Local Authority, Guardian or parents in the High Court, County Court and FPC levels. He has appeared of shaken baby cases, spiral fracture limb cases and other cases, where non-accidental injury is alleged. He has also dealt with Factitious Disorder by Proxy (Formerly Munchausen’s Syndrome by proxy), contested incest and other sexual abuse, including cross examination of adolescents by video link, acting for parents who lack capacity, or have learning disabilities, and a case where he represented a father who murdered the mother. He appeared for the Mother at first instance and in the court of Appeal in Re G,(2001), the frequently cited case on threshold.
Private Law Children: Contact and Residence disputes under the Children Act 1989
Ashley undertakes the full range of private children contact disputes, together with financial provision under Schedule 1 of the Children Act, private school fees and has some experience of obtaining orders in relation to child abduction to Scotland, and Northern Ireland.
Family: Finance
Divorce & Separation
Ashley 40 years of experience means he appears in mid-to-high-end financial provision, and Cohabitation cases under TOLATA. He has experience in these cases, dealing with claims against family companies, Xhydias agreements, relatives and mortgagees as interveners with third party claims to the matrimonial home, the effect of child sexual abuse and other conduct on financial provision applications, property in bigamous marriages, the effect of post-decree reconciliations (see his reported case of Hill v Hill) and allegedly insolvent husbands and wives.
Ashley has appeared on defended divorces and nullity petitions and has some experience of Islamic marriages in Pakistan. He is also qualified for Family mediation.
Cohabitation including Trusts of Land & Appointment of Trustees Act 1996
Ashley has the full range of experience and expertise in all manner of disputes concerning Trusts of Land work: under the Trusts of Land Act 1996,addressing express, resulting or constructive trusts and extending to coextensive issues such as proprietary estoppel, misrepresentation and undue influence.
Inheritance Act claims
Ashley advises and represents litigants in a wide range of probate related claims including claims under the Inheritance (Provision for Family & Dependents) Act.
Chancery and Commercial
Traditional Chancery
Court of Protection
Ashley has experience in all aspects in relation to adult social care.
Inheritance Act claims
Ashley advises and represents litigants in a wide range of probate related claims including claims under the Inheritance (Provision for Family & Dependents) Act.
Trusts and Trustees
Ashley has the full range of experience and expertise in all manner of disputes concerning Trusts of Land work: under the Trusts of Land Act 1996,addressing express, resulting or constructive trusts and extending to coextensive issues such as proprietary estoppel, misrepresentation and undue influence.
Wills, Probate and the Administration of Estates
Ashley advises and represents parties in contested and uncontentious probate actions, including deeds of variation, allegations of lack of testamentary incapacity, undue influence and removing or reconciling executors and trustees who are implacably hostile to each other.
Commercial Chancery
Contractual disputes
Over his 40 years of practice Ashley has unparalleled experience in chambers in relation to claims in contract & tort includes a wide variety of contractual disputes, including sale of companies and "phoenix companies", sale of horses, yachts and other boats, business franchise agreement disputes, contracts for the provision of private education and spoilt holiday claims.
Ashley has won a number of contested trials (see, for instance the reported case of Street v Coombes, below).
Professional Negligence
Ashley regularly advises in professional negligence, and has dealt with with disputes involving accountants, barristers, brokers, solicitors, surveyors and valuers. Ashley Not only has a thorough knowledge of the underlying field of practice but also can advise on strategy.
Personal Injury & Clinical Negligence
Ashley’s has a wealth of experience when it comes to Personal Injuries claims, (both in England & Wales and also many cases referred by a number of advocates on the Isle of Man), both in respect of industrial accidents and road traffic cases, including Fatal Accidents Act cases, and he has appeared at coroners inquests both with and without a jury, and appeared before the CICA.
He has experience with mesothelioma and other asbestos-related claims for builders and dockyard workers. He advises on liability and quantum under the Occupiers Liability Act.
In Silverton v Goodall & Motor Insurers Bureau, he appeared in the Court of Appeal, where the case was reported on the issue of whether the MIB agreement was compatible with the relevant European Directive. He advises in tripping and slipping claims both on the highway and in shops offices etc.
Property
Real property
Ashley’s land law experience cover the broad range of disputes ; these have included boundary disputes, in the County Court and before the Land Registry Adjudicator, enforcement of restrictive covenants, rights of way rights to light, defective registered titles and flying freeholds.
Landlord and tenant
Ashley has a Broad range of experience in Landlord & Tenant, whether Residential or Commercial disputes, though has particular expertise in relation to business tenancies. He has dealt obscure claims involving caravan site agreements and possession claims in relation to houseboats.
Trusts of land and proprietary estoppel
Ashley has the full range of experience and expertise in all manner of disputes concerning Trusts of Land work: under the Trusts of Land Act 1996,addressing express, resulting or constructive trusts and extending to coextensive issues such as proprietary estoppel, misrepresentation and undue influence.
No 18 Alternative Dispute Resolution
Cases of note
R v Wood [2011] EWCA Crim 1854 Court of Appeal, Defendant with multiple paralysis, recalled on life sentence for previous murder following conviction for fraud. Effect of time in custody on revocation of licence, and totality of sentence.
R v Will S (2009) 1 Cr App R (S) 40 Court of Appeal, Child Cruelty- factors affecting sentence.
Street and another v Coombes and others (Chancery Div.)[2005] All ER (D) 119 (Oct) Law Society Gazette Reports 4 Nov 2005. Misrepresentation in sale of company.
R v Pearce 2008- Court of Appeal, possession of explosives
Regina (Stevens) v Truro Magistrates Court ex-parte Stevens (2002) 1 WLR 144, (2001) 98 (34) L.S.G 39, Times 27th July 2001- Judicial Review. Lodgement of deeds as security for bail, Magistrates failure to comply with necessary formalities of creating a charge on land.
In Re: G (Children) (Care order: Threshold Criteria) (2001) 1 WLR 2100, (2001) 2 FLR 111, (2000) FCR 7757, (2001) Fam.Law 727, (2001) 98 (29) LSG 37 (2001) 145 SJLB 166, In re G (Children) (Care order: Evidence of threshold conditions) - (2001) Times, 5 JulyRe G (Children) (Care order: evidence) - [2001] All ER (D) 246 (Jun)Re G (children) (care order: evidence) - [2001] 2 FCR 757 Care & Supervision orders - Local authority applying for care orders for two young children - Judge declining to make care order in respect of either child but made supervision order in respect of younger child - Extent to which local authority could rely on evidence which had emerged or events which had taken place between date of application for order and final hearing - Children Act 1989, s 31(2). [Court Of Appeal] Hill v Hill [1997] 1 FLR 730, [1997] Fam Law 394 High Ct Family Division. Ancillary Relief. Cohabitation for 25 years after ancillary relief order. Whether original lump sum order could be re-opened. Family Division. (later successfully reversed in Court of Appeal on grounds drafted by Ashley Ailes, but appearance by other counsel in Chambers).
Silverton v Goodall & Motor Insurers Bureau (1997 PIQR 451, Personal Injuries – uninsured drivers. Notice provisions under MIB agreement. Effect of European Law.
Nolan v Nolan Court of Appeal (Civil Division) 21 May 1990 [divorce- financial relief]
R v Mussell & Others[1991] 2 All ER 609, [1991] 1 WLR 187, 92 Cr App Rep 353, 12 Cr App Rep (S) 607, 155 JP 521, (1991) Times, 1 Jan . Burglary guidelines on imprisonment.
K (Children)[2005] EWCA Civ 961,Court of Appeal, [2005] All ER (D) 410 (Jul)
Family proceedings - Orders in family proceedings - Care order - Freeing for adoption - Whether failure properly to assess mother's parenting ability.
Balthasar & Others v Mullane & Another (1986) 51 P&CR 107, (1985) 2 EGLR 260, (1985) 17 HLR 561, (1986) JPL 751, 84 LGR 55. Caravan Sites Act- breach of planning permission [Court of Appeal]
Parra v Rones 1986 Fam.Law 262 – Court of Appeal- Family Procedure – Committal for contempt on injunction- Need for formalities to be complied with.
Hyde v HydeCourt Of Appeal (Civil Division) 28 May 1982
Re K MinorCourt Of Appeal (Civil Division) 14 May 1982
R v HoareCourt Of Appeal (Criminal Division) 31 July 1981
Carpenter v CarpenterCourt Of Appeal (Civil Division) 21 October 1980