Ashley Thompson

Call: 2023

Ashley is a specialist property barrister whose practice encompasses all aspects of real property, and landlord and tenant law.

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Property

Rating and Valuation

Property

Ashley specialises in commercial, residential and agricultural property law, together with rating law, property-related professional negligence and insolvency. He has a busy practice advising and representing landowners, landlords and tenants, management companies, agents, and lenders, drawing on his previous experience as a solicitor in the City.

Owing to his time as a solicitor, Ashley has a broad range of experience. In 2019, Ashley joined Herbert Smith Freehills LLP, where he trained and qualified as a solicitor into its market-leading commercial and banking litigation, acting for multinational blue chip companies and investment banks. His practice also spanned the private client sphere, advising UHNW individuals and family offices on trusts and other private wealth disputes.

His career subsequently pivoted into property litigation, which led to his move to Mishcon de Reya LLP where his focus became all aspects of commercial and high-value residential property litigation. There, Ashley also covered professional negligence, primarily acting for and against accountancy and law firms.

Ashley’s recent experience includes:

Advising on and appearing in the Upper Tribunal on an application to modify or discharge restrictive covenants under s. 84 LPA 1925
Acting for lenders in possession proceedings against mortgagors in default
Acting for housing associations against shared ownership tenants in default
Advising leaseholders who each have a share of freehold on trust and company law issues
Advising landowners on excessive use of rights of way by neighbouring owners and in boundary disputes
Advising a riparian owner on their right to extract water from adjoining inland waterways
Acting for companies in respect of lease renewal proceedings
Advising a co-owner on their right to obtain an order for sale under s. 14 TOLATA
Advising landlords and tenants on insolvency and bankruptcy issues (including its consequences and the ability to pursue sums due)
Advising on trustees’ duties under an express declaration of trust over property
Advising trusts on the rights of commoners or the public over forests and parks, including profits à prendre and occupiers’ liability
Advising a landlord on a notice to quit and arbitration under the Agricultural Holdings Act 1986 and the Agricultural Tenancies Act 1995
Acting for a landlord opposing an application to appoint a manager under s. 24 LTA 1987

Prior to the Bar, Ashley undertook a judicial assistantship in the High Court with Mr Justice Zacaroli (as he then was), Mr Justice Fancourt and Mr Justice Adam Johnson.

Ashley particularly enjoys advising on the more niche areas of property law (e.g., rights of first refusal, riparian rights, bona vacantia and escheat, and common land).

Alongside Ashley’s property practice, he is actively building a practice in rating law. His recent experience includes advising and representing individuals, companies and local authorities in enforcement proceedings in the magistrates’ courts (concerning both council tax and business rates liability), and advising on the Check, Challenge, Appeal process.

Whilst at his previous firms, Ashley was involved in significant litigation: a few examples include Ludgate House Ltd v Ricketts [2021] 1 WLR 1750 in the Court of Appeal; the Post Office litigation; and Zaid Alothman Holdings Ltd & 75 others v Better Intelligent Management Ltd & Phoenix Place (Liverpool) Management Limited (County Court at Central London – 7 May 2024).

Ashley is committed to pro bono work. During his training contract, he spent six months on secondment to the AIRE Centre, providing advice to EEA nationals on their human rights and assisting with third party interventions in the High Court and Court of Appeal. From 2019 to 2022, Ashley was a leading member of the team in Boodram v Attorney General of Trinidad and Tobago [2022] UKPC 20, in which the Judicial Committee held that the automatic imposition of life imprisonment upon commutation of prisoners’ death sentences was contrary to the Constitution of Trinidad and Tobago. Ashley later went on to draft submissions to the Inter-American Court of Human Rights on behalf of one of the prisoners in Bissoon and Serrette v The Republic of Trinidad and Tobago Series C No. 472, which resulted in a judgment against the State.

Rating and Valuation

Alongside Ashley’s property practice, he is actively building a practice in rating law. His recent experience includes representing individuals and companies in enforcement proceedings brought by local authorities in the magistrates’ courts (concerning both council tax and business rates liability), and advising on the Check, Challenge, Appeal process.