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Welcome to

New Park Court Chambers

"Regarded as ‘one of the most prominent sets for crime in the North of England’."
- Legal 500 2015

Private Client

"Clients 'would strongly recommend New Park Court Chambers to anyone looking for a strong criminal or regulatory lawyer'."
- Chambers and Partners 2016

Ashley Tucker 1990

Ashley Tucker 1990

Ashley Tucker has a busy commercial and general Chancery litigation practice with a particular emphasis on wills, trusts and probate, landlord and tenant, and professional liability. Recommended in the Legal 500 in commercial, insolvency and banking, he is commended for his “chancery and commercial expertise” and described as a “highly skilled Chancery and Commercial practitioner.”

Specialisms and examples of recent work: Wills, Trusts and Probate

Ashley has a particular interest in the construction, effect and validity of Wills, including mental competence, fraud and undue influence, regularly advising and litigating on the conduct of the administration of estates by personal representatives, including challenging grants of probate, challenging the conduct of the administration by the personal representative, applications under the Inheritance (Provision for Family and Dependants) Act 1975 Donatio Mortis Causa and the recovery of the costs of care by local authorities. He is also regularly called upon to advise on trusts, in particular in relation to negligent conveyancing of property interests, proprietary estoppel and constructive trusts. Recent work includes:

  • Advising on whether a solicitor has a duty to warn a testator that the disposition they propose to make may result in one or more disappointed relations challenging the will or otherwise litigating against the estate, and whether the solicitor owed a separate duty to the beneficiaries to avoid this eventuality; completing a trial where the witnesses to the will who had originally agreed they witnessed the will subsequently retracted that agreement: Major v White.

Landlord and Tenant

Ashley has particular experience relating to commercial premises, advising on a variety of aspects in relation to leases, licenses and tenancy matters. He also undertakes occasional drafting of commercial leases and notices, and litigation, largely on behalf of tenants.

Professional Liability

Ashley’s experience in professional negligence is particularly geared towards claims made against Solicitors, accountants and surveyors in respect of conveyancing transactions, will drafting, estate planning and insolvency. Recent work includes:

  • advising in relation to the meaning and effect of and acting in a mediation arising out of home made codicil’s to professionally drafted Wills and the subsequent revocation by one Testator and the execution of a new Will with altered dispositions;
  • advising in relation to the recovery of money acquired in breach of fiduciary duty under a power of attorney from the estate of the attorney.
  • He has also advised on claims made in relation to conveyancing and local authority advice relating to enquiries touching and concerning land.

Employment

Frequently appearing in the Employment and Employment Appeal Tribunal, on behalf of both applicants and respondents, Ashley has a wide range of experience in employment litigation covering unfair and wrongful dismissal, race, sex and disability discrimination, harassment, victimisation, TUPE, and stigma damages. He also advises, drafts and litigates in relation to employment contracts, particularly restrictive covenants and confidentiality clauses. Ashley has recently advised on whether it was possible to vary a homeworker’s contract to require her to work from an office 30+ miles from home.

General Chancery

Ashley has a broad range of experience of, and undertakes advisory work and advocacy in, all types of property matters including, boundary disputes, rights of way, adverse possession claims, trespass and nuisance claims relating to land and commons registration.

Commercial/ Company

Able to bring an acquired knowledge of commercial practices into consideration when instructed in commercial and company matters, Ashley has a broad commercial practice and regularly acts for Claimants and Defendants in litigation in typical commercial claims.
In addition he has drafted memoranda and articles of association and amendments to memoranda and articles of association for company agents as well as companies, and drafted and advised on commercial contracts, recently including a contract regarding the supply of kit and other sportswear to a Professional Rugby Team.
He has also appeared on behalf of erring directors in director’s disqualification actions by the DTI.

He has recently advised:

  • in relation to knowing assistance and knowing receipt by a company in relation to an employee’s breach of the implied term of trust and confidence in diverting a business opportunity from his employer;
  • in relation to whether there is an implied term by custom & usage in relation to the measurement of stonework in a building contract;
  • on whether the purchase of shares by a husband in his wife’s name was a gift to her or whether she held them on trust for him – the effect of the purchase being in breach of a term that purchases cannot be made in other people’s names.

Other Areas of Practice

In addition to those practice areas detailed above, Ashley has experience of Court of Protection work, costs hearings (he has dealt with detailed costs assessments of up to £900,000) and inquests. Notable and reported cases

  • R(HSE) v North Yorkshire Council (2010): Junior Counsel for Defendant in relation to prosecution by the Health and Safety Executive in relation to sections 2 and 3 HASWA arising out of an incident where a schoolboy was drowned whilst caving.
  • Abiola v North Yorkshire Council & others [2010] UKEAT 0369 08: acting on behalf of the appellant in his appeal against the dismissal of his claims for race discrimination.
  • In the matter of Joe Lister [2007]: acting on behalf of the supervising Council in an Inquest into the death of a schoolboy who drowned whilst on a school trip to a cave.
  • In the matter of Kirk Davis [2005]: acting on behalf of the deceased’s infant son (acting by his mother) in an Inquest into a death occasioned by shooting by the West Yorkshire Tactical Firearms Squad
  • Logan v Her Majesty’s Commissioners of Customs & Excise [2002] UKEAT 686 00: acting for HMCE in relation to an appeal by the Claimant arising from the dismissal of her claim for unfair dismissal on a half time submission.

Seminars

Ashley is a regular speaker at conferences, seminars and courses arranged by professional conference organisers, professional associations and in-house. Recent examples include:

  • Mental Capacity: Testamentary Capacity, November 2011
  • Appeals to the Employment Appeal Tribunal (with Simon Anderson), July 2011
  • Costs in the Employment Tribunal and Employment Appeal Tribunal (with Simon Anderson), May 2011
  • Boundary Disputes, March 2011
  • Contentious Probate, February 2011

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