Ashley Serr

Call 1996

serr@exchangechambers.co.uk

"Ashley has excellent attention to detail and has a firm grasp of complex legal issues arising in relation to employment law claims."

Chambers and Partners 2020
Photo of Ashley Serr

Insolvency

  • Routinely instructed in cases on behalf of the OR/ Secretary of State and individuals involving Directors Disqualification and winding up.
  • Ashley’s experience covers the full range for such work from first hearings to fully contested trials in CDDA proceedings.  Recently acted on behalf of a Director in a complex application for permission to continue to act after disqualification under CDDA s.17 and has also acted for the SoS in such applications. He also recently successfully acted on behalf of a director who had been subject to a disqualification order in his absence. The subsequent appeal had to consider the novel issue of the applicability of the CPR and whether the matter was in fact governed entirely by Rule 8 of the disqualification rules.
  • Regularly appears in various insolvency matters both corporate and personal. He has acted in a significant number of public interest winding up cases including allegations of MTIC fraud. He recently appeared on behalf of the OR in a major ‘bankruptcy tourism’ case where a bankruptcy order was overturned following successful arguments as to the true COMI of the debtor.
  • Advised a director in respect of proceedings by the OR to disqualify him and his wife as a director where he had already given an undertaking to HMRC in a consent order as part of the civil claim not to act as a director and whether the disqualification proceedings constituted an abuse of process.

Cases

Raj and Knoll v Secretary of State for the Home Office (2015) EWHC 1329 Admin

First case to come before the courts on approach to take when challenging decision to revoke a Tier 2 sponsorship license.

Country Court Care v Secretary of State for the Home Department [2015] EWHC 2054 (Admin)

Considered what applicability the HRA had when revocation of a Tier 2 licence of a care home may impact on the welfare of the residents.

HMRC v Jones and Others (2014) ICR D43

EAT provides for the first time a comprehensive guide to the principles in identifying a contract of apprenticeship at common law. Ashley successfully represented HMRC.

Ministry of Justice v Parry (2013) ICR 311

Leading case on legal representation at internal disciplinary hearings in the context of unfair dismissal.

Secretary of State for Justice v Hibbert (2013) All ER (D) 295 (Nov)

Establishes when an ‘ambiguous’ resignation takes effect for the purposes of EDT in a constructive dismissal.

The Department for Works and Pensions v Conyers UKEAT/0375/13/KN

EAT summarises the legal and medical requirements for the recurring effects provisions of the Equality Act in relation in particular to depression.

R (oao Golding) v General Commissioners of Income Tax (2011) EWCH 2435 Admin

A decision by the General Commissioners of Income Tax not to issue a closure notice in relation to an inquiry into a taxpayers return was lawful as there was no bias or procedural unfairness. Ashley successfully acted for HMRC.

Key2Law v D’Antiquis (2011) EWCA Civ 1567

Court of Appeal upholds decision of EAT that administration can never fall within Regulation 8 (7) TUPE in that it is not an insolvency proceeding instituted with a view to the liquidation of the assets of the transferor. Ashley again acted for the Secretary of State as intervenor. Appeal to the Supreme Court was dismissed in 2013.

OTG Ltd v Barke & Others (2011) IRLR 272

Interpretation of TUPE Regulation 8. EAT determines that administration can never fall within Regulation 8 (7) TUPE in that it is not an insolvency proceeding instituted with a view to the liquidation of the assets of the transferor. Ashley successfully acted on behalf of the Secretary of State for Business Innovation and Skills.

Molaudi v Ministry of Defence (2011) ICR D19

The EAT held that an ET has no jurisdiction to consider a discrimination claim where the MOD has ruled the internal grievance invalid. Ashley successfully acted for the MOD.

EAGA v Tideswell UK EAT/007/11/SM

EAT address issue of substitution in an unfair dismissal case.

Ministry of Defence v Fletcher (2010) IRLR 25

Leading case on the appropriate approach to aggravated and exemplary damages in the Employment Tribunal.

Guellard v Ministry of Defence (2009) All ER (D) 50 (Dec)

Proper approach to the issue of contributory fault in the Employment Tribunal.

R (oao) Spicer v Secretary of State for Justice (2009) EWHC 2142 (Admin)

Judicial review in respect of a challenge to a decision of the parole board not to release a prisoner on an IPP. Considered rationality of decision and delay.

Jatto v Godloves Solicitors (2008) All ER (D) 169 (Jan)

Guidance for striking out discrimination at PHR stage.

Thomas v The Home Office (2006) EWCA Civ 1355

Leading case on what can and cannot be agreed between the parties without a court order under the CPR and what constitutes a valid agreement for the purposes of rule 2.11.

Connor and Hine v DTI (2006) All ER (D) 61 (Feb)

Burton P in the EAT rules Part XII ERA is compatible with EC insolvency directive and refuses to refer the matter to the CJEU.

Home Office v Lowles (2004) EWCA (Civ) 985

Correct approach to Regulation 12 (3) workplace (Health, Safety and Welfare Regulations 1992).

Logan v Commissioners for Customs and Excise (2004) IRLR 63

Leading Court of Appeal decision on striking out at half time in the ET. Ashley successfully acted for the Claimant Mrs Logan.

Bewley v Prison Service (2004) ICR 422

Leading case on meaning of collective agreement and contracting out for the purposes of the Working Time Regulations.

Miller v Secretary of State for the Home Department (2004) All ER (D) 109 (Jun)

Employment status of a prison chaplain.

Wainwright and another v Home Office (2003) UKHL 53

Landmark decision of the House of Lords on whether a free standing tort of invasion of privacy exists. Ashley acted for the Claimants throughout from the High Court. The case eventually reached the ECHR where the Claimants were successful.

Stott and Others v Prison Service (2003) All ER 25 (Jun) Date of assessment for ‘prejudice’ when extending time limits.

Hill v Prison Service (2003) All ER (D) 267 (Dec) – Identifying correct EDT.

De Keyser v Wilson (2001) IRLR 324 – Leading case on use of experts in the ET including appropriate manner of instruction.