Ashley Cukier

Ashley’s practice has seen him act in a range of high-profile and high-value commercial cases, some of which are ongoing. He is regularly instructed in commercial disputes, including in a wide variety of interim applications and procedural hearings, in the Commercial Court and Chancery Division – both in his own right and as part of a team. He was recently ranked by Legal 500 as one of the ‘Top 10 Under Eight Years’ Call’ for Commercial Litigation,where he is described as “Assured and skilful, an eloquent orator on his feet, and trusted by our team”. Examples of some of the commercial law disputes in which Ashley has acted include:

• Allergy Therapeutics Ltd v Inflamax Research Inc [2019] EWHC 2526 (Comm) – led by Charles Samek KC in Commercial Court Proceedings arising from a multimillion dollar clinical study, involving claims for breach of contract, misrepresentation, conspiracy and procuration of the tort of deceit, and a counterclaim for unpaid fees. The case involved complex factual and scientific evidence relating to the clinical drug trial process, methodologies for allergy testing, and the statistical analysis of allergen exposure data.
• Staechelin & Ors v ACLBDD Holdings Limited & Ors [2019] EWCA Civ 817 – led by Jonathan Cohen KC representing the Claimants, De Pury & De Pury LLP, in their successful claim for commission on the sale of a Gauguin masterpiece, Nafea faa ipoipo, to the Qatari Royal Family for $210 million (upheld subsequently by the Court of Appeal). For more detail see here.
• A v B [2018] – acting as junior counsel (led by Jonathan Cohen KC) on behalf of the Part 20 Defendant to a claim by an art dealer loss of earnings, alternatively a reasonable sum by way of quantum meruit, for the alleged curation of an art collection. For more detail, see Ashley’s Art Law CV, below.
• C v D [2019] Acting – as junior counsel (led by Charles Samek KC) – for the respondents to a Worldwide Freezing Injunction, obtained in support of a multi-million dollar claim in conspiracy, deceit and joint tortfeasorship;
• Ali v Petroleum Company of Trinidad and Tobago [2017] UKPC 2 – led by Jonathan Cohen KC in the Privy Council in an appeal (from the Court of Appeal of the Republic of Trinidad and Tobago) regarding inter alia the proper construction of the terms of a Loan Agreement.

Cases involving civil fraud now form a significant part of Ashley’s practice. He is regularly instructed as sole counsel in applications for freezing and other injunctive relief, and is also frequently instructed as part of a larger team in high-profile and high-value civil fraud litigation.

Some of his recent and ongoing work in this area includes:

• Allergy Therapeutics Ltd v Inflamax Research Inc [2019] EWHC 2526 (Comm) – led by Charles Samek KC in Commercial Court Proceedings arising from a multimillion dollar clinical study, involving claims for breach of contract, misrepresentation, conspiracy and procuration of the tort of deceit, and a counterclaim for unpaid fees.
• Staechelin & Ors v ACLBDD Holdings Limited & Ors [2019] EWCA Civ 817 – led by Jonathan Cohen KC representing the Claimants, De Pury & De Pury LLP, in their successful claim for commission on the sale of a Gauguin masterpiece, Nafea faa ipoipo, to the Qatari Royal Family for $210 million (upheld subsequently by the Court of Appeal). The claim was defended on the basis of alleged dishonesty, for which the Defendants argued for a breach of fiduciary duty and the forfeiture of commission for the sale: arguments which were rejected by the Court. For more detail see here.
• A v B [2018] – acting as junior counsel (led by Jonathan Cohen KC) on behalf of the Part 20 Defendant to a claim by an art dealer loss of earnings, alternatively a reasonable sum by way of quantum meruit, for the alleged curation of an art collection. The claim was ultimately settled on extremely favourable terms mid-trial when various discrepancies undermining the alleged claim were revealed during cross-examination. For more detail, see Ashley’s Art Law CV, below.
• C v D [2019] Acting – as junior counsel (led by Charles Samek KC) – for the respondents to a Worldwide Freezing Injunction, obtained in support of a multi-million dollar claim in conspiracy, deceit and joint tortfeasorship.
• Mascolo v Riemenschneider [2016] – led by Rupert D’Cruz in Commercial Court proceedings arising from a large-scale fraud perpetrated by a well-known chef on his former partner. The Claimant obtained judgment and an associated Worldwide Freezing Order. For press coverage of the case, see here.

Ashley Cukier specialises in Sports Law and Commercial Litigation and Arbitration. He was last year ranked by Legal 500 as one of the ‘Top 10 Under Eight Years’ Call’ for Commercial Litigation in London, where he was described as a “Rising Star”, and was named by Chambers & Partners as an “Up & Coming” junior barrister in Sports Law.

Most recently, Ashley was recommended as a Leading Junior for Sports Law by Legal 500 (2022), where he was described as “great with clients, excellent on strategy, and a pleasure to work with”. The Sports Law Group at Littleton was this year nominated as “Sports Law Chambers of the Year”.

Ashley’s Sports Law practice is informed by his commercial litigation, arbitration and civil fraud expertise, and is predominantly focused on financial disputes. He is particularly sought after for football matters – both domestic and international – involving clubs, agents, players and managers. In recent months he has secured, as sole counsel, two separate victories before the FIFA Football Tribunal (Hiddink v Football Association of the Maldives; Koopman v Football Association of the Maldives) and was sole counsel for one of the defendants in a multi-million-pound football agency arbitration, containing Portuguese and English elements, which generated a highly favourable settlement shortly before trial.

He is regularly instructed in commercial disputes in the English Commercial Court and Chancery Division, he has appeared in the Court of Appeal, the Privy Council, and CAS (led by John Mehrzad KC) and is regularly instructed in FA Rule K Arbitrations.

Alongside his commercial work, Ashley’s sports law practice increasingly encompasses regulatory issues. He is one of only three junior counsel appointed to undertake the Independent Investigation into Yorkshire County Cricket Club, commissioned in the wake of the Azeem Rafiq scandal (which Investigation is ongoing and is expected to report in 2023) and is frequently appointed to act in disciplinary hearings (Tennis, Football, Sailing), selection challenges and doping hearings across a variety of sports. In 2020, Ashley sat as one of the three-member panel tasked with determining whether Macclesfield Town should be relegated from the English Football League for breaching financial regulations. He is a member of the Sport Resolutions panel of Arbitrators and Mediators and welcomes instructions across the full spectrum of sports law.

Ashley speaks several languages (fluent French, good Spanish & Italian, working Hebrew) and is often instructed on cases containing international elements and/or involving issues of jurisdiction, choice of law, and enforcement.

Recent selected Sports Law work:

• Hiddink v Football Association of the Maldives 2022/FPSD-3553
• Koopman v Football Association of the Maldives 2022/FPSD-4386
• Barnsley FC v Hull City Tigers FC (English Football League Arbitration)
• English Football League v Macclesfield Town FC SR/127/2020
• Ittihad FC v. Troisi & FIFA CAS 2017/A/5056-5069
• The Independent Investigation into Yorkshire County Cricket Club (2022 – )

Ashley’s practice increasingly includes cases involving art and cultural property, and the (often) associated issues of agency, commission payments, fiduciary duties, oral agreements and multiple jurisdictions that regularly arise in his commercial litigation and civil fraud work.

Last year he was led by Jonathan Cohen KC in the largest and most high-profile art law case of 2018 to reach the High Court. In ACLBDD Holdings Limited & Ors v Staechelin & Ors [2018] EWHC 44 (Ch), Jonathan and Ashley represented the successful Claimants, de Pury & de Pury LLP, in respect of its claim for a $10 million commission arising from the sale of a Gauguin painting, Nafea faa ipoipo (“When will you marry”), one of the finest pieces of art in the world and also one of the most expensive, having been sold to the Emir of Qatar in September 2014 for $210 million. The Claimants argued that the commission was earned and became payable in respect of the services that Mr & Mrs de Pury provided to the Defendant trustees in procuring the sale of the painting. The claim was defended, not only on the basis that there was no contract for commission, but also because Mr and Mrs de Pury were alleged to have engaged in a serious breach of fiduciary duty, thereby forfeiting their commission. Each of those defences failed. The judgment was subsequently upheld by a unanimous Court of Appeal (LJJ Lewison, Lindblom, Rose) in May 2019. See summary article here.

Ashley was also led by Jonathan Cohen KC in another art law case to reach the High Court last year. In A v B [2018] (names anonymised due to settlement), Jonathan and Ashley represented the Part 20 Defendant to a claim by an art dealer who alleged non-payment for services allegedly rendered for commissioning and curating the Part 20 Defendant’s art collection. He claimed damages for loss of earnings, alternatively claiming a reasonable sum by way of quantum meruit. The Part 20 claim was defended on the basis that, whereas it was accepted that a contract had been agreed for such services, the project itself never proceeded to completion: a risk that was shouldered (and had always been intended to be shouldered) by the art dealer. The case ultimately settled on extremely favourable terms for the Part 20 Defendant, the Part 20 Claimant having discontinued his claim on day 2 of trial.

Ashley is currently instructed as sole counsel by the buyer of an artwork in respect of a claim for delivery-up and/or damages involving an artwork, a valuable sculpture specially commissioned for the buyer, that was not delivered. The case concerns multiple jurisdictions and parties and contains issues of both jurisdiction and governing law, in addition to the parties’ dispute over the terms of the contract, made orally out of the jurisdiction.

Previously, Ashley acted as sole counsel for an artist in a dispute (now settled) with the claimant art dealership, arising from a contentious agreement concluded for the purposes inter alia of exhibiting the artist’s works at the Frieze London Art Fair.

Ashley has significant experience of a wide range of insolvency and company law litigation and regularly appears in the Companies Court in insolvency matters, both as junior counsel and in his own right. Recent and ongoing work includes:

• Acting – as junior counsel (led by David Reade KC) – for the Claimant in a substantial ongoing claim for damages arising out of a Share Purchase Agreement and the associated winding up proceedings brought by the Defendant, which were defeated;
• 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;
• Acting – as junior counsel (led by David Reade KC and Jamie Riley KC) in a substantial unfair prejudice application in the Commercial Court in the context of a substantial and ongoing partnership dispute;
• Acting for the liquidators in their claim against an aerospace company for sums owing under a Business Sale Agreement.

Ashley also regularly appears in, and advises on: winding up petitions, bankruptcy petitions; annulment and rescission applications; company restoration applications; charging order applications; validations order applications; and administration extension applications, both in the Companies Court and in the County Court.

• French
• Spanish
• Italian
• Hebrew (conversational)

• COMBAR
• Chancery Bar Association
• LCIA Young International Arbitration Group

• Cambridge University: BA Modern Languages (French & Italian) – Starred First (First in Year)
• Sciences Po, Paris: Diploma in International Relations and Economics
• University of Pennsylvania Law School – LLM (Distinction)