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Call: 2013
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Ashley Cukier
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ASHLEY CUKIER

Ashley was called to the Bar in 2013 after graduating top of his year at Cambridge University, where he was awarded a starred first. Ashley’s busy commercial practice encompasses a wide range of commercial litigation and arbitration, civil fraud, company, insolvency and sports law matters.

Ashley regularly appears in the High Court and County Courts in his own right – and has been led in the High Court and the Privy Council. He welcomes instructions in all of chambers’ core areas of practice, both as sole counsel and led by more senior counsel.

Some of his recent and current work includes:

  • Acting – as junior counsel (led by David Reade QC) – for the Claimant in a substantial damages claim arising out of a Share Purchase Agreement;
  • Acting – as junior counsel (led by Rupert D’Cruz) – for the Claimant in an ongoing civil fraud claim and the associated successful application for a Worldwide Freezing Order;
  • Securing – as sole counsel – a £1.8 million High Court injunction, in the context of a multi-million pound breach of contract claim concerning a high-profile UK leisure development;
  • Acting – as junior counsel (led by Rupert d’Cruz) – for the successful Claimant in an LCIA Arbitration concerning a Placement Agreement for multi-million dollar investments in European Credit Funds;
  • Acting – as sole counsel – for the Liquidator in a complex Companies Court claim against a former company Director for misfeasance, breaches of fiduciary duty, transactions at an undervalue and/or preferences under the Insolvency Act 1986;
  • Advising – as sole counsel – a British Multinational plc in the context of a breach of contract claim referred to Adjudication under the Construction Act 1996;
  • Advising a National Sporting Body in respect of its selection procedures for Team GB athletes, both in the run-up to, and subsequent to, the Rio Olympics 2016, and (following his recent appointment) sitting on the Table Tennis England Board of Appeal. 

Further details of Ashley’s experience may be found in the tabs below.

Ashley read Modern Languages at Cambridge, where he received several academic honours and prizes, including the Claude Beddington prize for best overall mark in the Modern Languages Tripos, the Departmental prize for excellence in Italian Literature, as well as several college prizes for his performance in his Cambridge Finals. In 2009, as part of his undergraduate degree, he obtained a Diploma in International Relations and Economics from Sciences Po, Paris. In 2012 he was a Thouron Scholar at the University of Pennsylvania, where he received a distinction for the LLM in Private International Law.

Called to the Bar in 2013, Ashley was awarded the Hardwicke Entrance Award, Lord Bowen and Lord Denning Scholarships by Lincoln’s Inn and later completed pupillage at a leading commercial chambers.

 

    Commercial Litigation & Arbitration

During pupillage and, subsequently, in tenancy, Ashley has assisted in a range of high-profile and high-value commercial disputes, appeals and advisory work, including: 
  • A multi-million dollar contractual dispute over the ownership of two metals trading companies operating out of the United Arab Emirates; 
  • A jurisdictional challenge in the context of a claim for damages following the failure of an alleged joint venture agreement for a luxury hotel development; 
  • An insurance dispute concerning the Insurer’s liability to cover defence costs following the collapse of a multi-million pound art investment fund; 
  • In the latter part of his pupillage, and following tenancy, Ashley has undertaken various commercial work in his own right, including:
  • Successfully obtaining summary judgment in a long-running contractual claim pursued, originally, in the Florida Court of Appeal; 
  • Advising on contractual interpretation in a travel industry dispute; 
  • Drafting pleadings in various commercial disputes; 
  • Appearing in costs hearings, summary judgment applications, and interim applications in the High Court and County Courts. 

    Civil Fraud

During pupillage and, subsequently, in tenancy, Ashley has, Ashley assisted in a range of complex civil fraud matters, including: 
  • A fraudulent misrepresentation claim against an Investment Bank in the context of a shareholder agreement for the operation of a Casino; 
  • An application for enforcement of a Cypriot Freezing Order in the context of a multi-million dollar claim brought against former Directors of an Investment Bank for various alleged breaches of fiduciary duty, breach of trust, negligence and conspiracy; 
  • A fraudulent misrepresentation and breach of contract claim against a large-scale national electricity producer; 
  • A BVI claim in the context of a multi-million dollar oil and gas dispute, involving issues of breach of fiduciary duty, dishonest assistance and breach of trust, as well as questions of jurisdiction and governing law. 
  • A claim for breach of trust against the trustees of a Guernsey hedge fund; 
  • An application under s.116 SCA 1981 for permission to pass over prior claims to a grant of probate. 

    Insolvency

During pupillage and, subsequently, in tenancy, Ashley has assisted his pupil supervisor and other members of Chambers across a broad range of insolvency matters, as well as appearing in court in his own right, including: 
  • A claim by liquidators against former directors for transactions at an undervalue, transactions defrauding creditors, and breaches of fiduciary duty; 
  • A claim by liquidators against an aerospace company for sums owing under a Business Sale Agreement; 
  • Appearing in winding up petitions; 
  • Appearing in bankruptcy petitions; 
  • Appearing in annulment and rescission applications; 
  • Advising on the appointment of administrators and receivers by qualifying voting charge holders; 
  • Appearing in validation order applications.

    Company

During pupillage and, subsequently, in tenancy, Ashley has acquired experience in a wide range of company law matters, including: 
  • Claims against directors for breaches of directors’ duties; 
  • Shareholder disputes; 
  • Partnership disputes. 

    Arbitration

Ashley’s commercial practice includes substantial arbitration experience. During pupillage and, subsequently, in tenancy, this experience has included:
  • Acting for the successful Claimant in an LCIA Arbitration concerning a multi-million pound damages claim arising out of a Placement Agreement for investments in European Credit Funds (led by Rupert d’Cruz);
  • Acting for the Republic of Iran in the Iran-US Claims Tribunal in the Hague, an international arbitral tribunal established pursuant to the Algiers Accords of January 19, 1981 to resolve claims arising out of the Iranian Revolution of 1979;
  • Assisting in an ad-hoc shipping arbitration concerning a shipowner’s redelivery claim; 
Ashley welcomes instructions as a sole counsel or as part of a larger legal team, as well as instructions for the role of Arbitral Secretary to the Arbitral Tribunal. He is the junior representative of the Littleton Arbitration steering group, a member of the Young International Arbitration Group and has an LLM in Private International Law from the University of Pennsylvania Law School.

    Languages

  • French 
  • Spanish 
  • Italian 
  • Hebrew (conversational) 

    Memberships

  • COMBAR 
  • Chancery Bar Association
  • Young International Arbitration Group
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