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Ashley Blood-Halvorsen

Year of Call: 2017
Email Address: [email protected]
Telephone: 0121 289 4333

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Property and Estates

Ashley Blood-Halvorsen specialises in business and property disputes with particular emphasis in property & estates and contentious probate.

Read more about Ashley's expertise in her specialist profiles below.

Probate and Estates

Ashley Blood-Halvorsen (TEP) has a strong understanding of - and caseload in - all aspects of contentious probate and estates work, advising and representing individuals. Before qualifying as a barrister, she spent some time working for a firm tracing beneficiaries to estates.

She acts for clients in respect of a range of estates, from those of a modest value through to those involving substantial sums and including estates with an international aspect.  Her practice covers all areas regarding the validity of wills and testamentary dispositions, both as regards the necessary formalities and in respect of the substantive validity, and she also advises on the interpretation and construction of wills and other instruments.

Ashley has undertaken many Inheritance Act cases and has a firm understanding and extensive experience of TOLATA claims. She is a full member of STEP, and earlier earned a merit in her Taxation of Trusts and Estates exam.

Cases include:

  • Obtaining a freezing injunction in relation to monies arising out of a sale of a trust property.
  • Drafting a particulars of claim regarding breach of trust in the sale of a property from an estate.
  • Advising on and appearing in hearings for the removal of trustees and executors.
  • Providing advice regarding a beneficiaries entitlement to commence possession proceedings regarding a residential property.
  • Advising executors regarding potential inheritance act claims and claims of historic devastavit with limitation elements.
  • Advising claimants regarding inheritance act claims by:
  • Adult children and those who were maintained by the deceased;
  • Cohabitees of the deceased;
  • Spouses of a polygamous marriage entered into outside of England and Wales.

She has given talks regarding:

She can provide quantum advices for infant settlement hearings when a compromise has been made on behalf of minor children in Inheritance (Provision for Family and Dependants) Act 1975 claims.

Cases include:

Re Estate of GB

Advised, and drafted particulars of claim regarding a breach of trust, fiduciary duty, devastavit and fraud of an executor. Ashley subsequently successfully represented the Claimants in a summary judgment application in the High Court.

Re Estate of JC

Part 8 proceedings regarding the construction of a clause in a will and whether or not a trust is properly constituted.

Re Estate of EJ

Advising an executor regarding potential claims on the estate from a beneficiary in Australia.

Re Estate of MS

Advising an executor regarding a 1975 claim from a polygamous wife with a severely disabled child.

Re Estate of KS

Representing the adult child who was maintained by the deceased in 1975 proceedings. Successfully resisted a strike out application in the High Court.

Re Estate of PB

Advised in a 1975 claim involving a cohabitee and a separated spouse. Questions over what formed part of the net estate.

Re Estate of PS

Advising in a 1975 claim involving a cohabitee who has a legal interest in the joint property. Dispute about whether the applicant is entitled to a life interest.

She is willing to consider matters on a Conditional Fee Arrangement in appropriate cases. Ashley also routinely appears in mediations for her clients.

Coownership and Trusts of Land

Ashley regularly advises on and appears in Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) claims. She has experience of occupation rent claims and where there has been a failure to pay the mortgage by one party. She also has experience of where on party alleges that they were engaged so to rely on the Matrimonial Proceedings and Property Act 1970 this can involve issues around non-qualifying ceremonies.

She acts for parties in mediation and alternative dispute resolution.

Cases include:

M v M

Dispute between a father and son regarding various properties, promissory estoppel, and constructive trusts with an international element. The matter started as a small claim and was transferred to the multi-track. Proceedings were settled after Ashley drafted a Reply to the Amended Defence.

DH v PP

Dispute between former cohabiting couple and whether or not there was a common intention constructive trust.

SH v ZM

Dispute between a former couple which included significant analysis of financial statements, taking of an account and occupation rent.

DY v MH

Dispute between former cohabitating couple where it was alleged that there was an engagement which was denied. There was an argument about whether a ‘garden office’ constituted a substantial improvement to the property. The matter was settled in a mediation in which Ashley appeared.

JF v MR and KR

A matter which concerned express declaration of trust between a mother and son with the former girlfriend. Arguments surrounding running an equitable account before the relationship breakdown to take into account significant unmet contributions made by one party.

RM v PB

A dispute about jointly held property and whether an unsigned declaration of trust constituted a ‘settled agreement’ between the parties. Satellite arguments over estoppel and whether there has been detriment. The property was in negative equity the majority of time since purchase.

Land and Boundaries

Ashley acts for businesses and individuals in respects of, right of access, rights of way, and boundary disputes. Recent work includes:

  • Interference with a right of way involving cross-examination of a claimant who accepted that the alleged interference was not substantial.
  • Advising a charity regarding interference with an easement and derogation from grant.
  • Drafting statement of cases for boundary disputes and advising on Part 36 offers.
  • Interpreting rights of way within title deeds and TR1s.
  • Advising regarding an easement for the supply of where the servient tenement freeholder threatened to interrupt the supply for which an injunction was obtained.
  • Advising regarding a ‘property hijack’ fraud and the right to an indemnity under the Land Registration indemnity scheme.

She also acts in matters regarding conveyancing disputes including third party claims of overreaching rights. She has a particular interest in easements including the construction thereof.

Commercial Landlord and Tenant

Ashley Blood-Halvorsen accepts instructions on behalf of both landlords and tenants and has experience in dealing with possession and forfeiture claims, and injunctive relief. Recent work includes:

  • Advising on lease extensions pursuant to the Landlord and Tenant Act 1954 including what is meant by in occupation for the purpose of its business.
  • Relief from forfeiture hearings.
  • Proceedings where there has been unauthorised Airbnb use.
  • Obtaining an emergency injunction in a commercial landlord and tenant dispute involving the CRAR procedure.
  • Advising on lease extensions pursuant to the Landlord and Tenant Act 1954.
  • Advising whether leases have been forfeited or surrendered and the enforceability of a deed of guarantee where it is irregular.
  • Successfully resisted a claim for loss of bargain related to guaranteed rental income and the repudiation of a lease.
  • Interpreting leases and classifying whether business, residential or common law in relation to holiday lets.

Residential Landlord and Tenant and Housing

Ashley acts on behalf of landlords and tenants in respect of the following areas:

  • Possessions by personal representatives in the context of a death estate.
  • Defending counterclaims arising out of disrepair claims.
  • Appearing in injunction hearings to permit a gas safety inspection.
  • Defending deposit protection claims pursuant to the Housing Act 2004 including where there are multiple tenants and successive tenancies.
  • Matters which involve subletting of properties and which engage section 18 of the Housing Act 1988.
  • Advising landlords in respect of HMOs and the mandatory licensing regime including Rent Repayment Orders.
  • Ashley also regularly appears in mortgage possession hearings on behalf of the lender.

She has experience in the First-tier Tribunal (Property Chamber) for breach of covenant proceedings and service charge disputes including the interpretation of long leases.

Cases include:

GB v AP, NS and EH

Currently advising pre-issue a long leaseholder in relation to repairing covenants and enforcement covenants with the freeholder. Interesting point of law in relation to direct enforcement of the repairing covenants against another long leaseholder within the same building who recently died.

LS v MC

Advising on the interpretation of a lease and supplemental lease for an application to the FTT. Dispute over the reasonableness of service charges and whether the property constitutes a ‘dwelling’ for the purposes of the 1985 Act.

  • Articles

    • £17,500 Costs Order on the Small Claims Track: Poor Mr Boswell

      13th Jan 2023

      Ashley Blood-Halvorsen discusses the case of Reed v Boswell (2022), a recent case involving a dispute between landlords over a common tenant, in which she represented the Defendant. Ashley’s article explores the proceedings of the case, offering advice to potential parties who are bringing or defending cases based on dishonesty, and legal representatives who are dealing with a difficult litigant in person.

      View Article
  • Recommendations

    “It has been great to co work with Ashley on a very complex and contentious case. I cannot recommend her enough for her technical knowledge and skill. I was even more impressed with Ashley’s attitude to the case and that she was just as passionate, as I am, in order to get the best result for my client. My client and I felt the case was safe in her hands and I will definitely be briefing her again in the near future.”

    Richard Port MBE, ​George Green LLP

    “Thanks very much for the advice.  Please pass on my thanks to counsel – prompt, straight to the point, clear and professionally done.”

    Oxfordshire Solicitor

    "I do not have Ashley’s contact details, but could you express my thanks to her? I did so after the court hearing, but she did so well and was so friendly beforehand when we discussed the relevant details that I would like again to express my appreciation of her work."

    Client

    “A quick message to say thank you again for your thorough preparation and representation today. Count on getting instructions again. I find you listen to explanations, take on board background information, and good to get along with.”

    Bruce Turner, Chapman & Chubb

    “I really enjoyed working with you last week - you are clearly skilled in achieving that necessary balance between legal argument and pragmatism. I hope we’ll have another opportunity before too long.”

    Senior Mediator

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