Ashley Cukier

Commercial Litigation & Arbitration

Ashley is recommended as a Leading Junior for Commercial Litigation and Commercial Dispute Resolution. He regularly features in high-profile and high-value commercial litigation and arbitration proceedings, both led and as sole counsel, and is currently instructed in one of The Lawyer’s ‘Top 20 cases for 2025’. The legal directories describe his commercial disputes work as “brilliant” with “meticulous attention to detail” and praise his “ability to cope well under pressure”.

Recent examples of his recent and ongoing commercial disputes work include:

· The Secretary of State for Health & Social Care v PPE Medpro Limited [2025] (Commercial Court)

Ashley is instructed as junior counsel (led by Charles Samek KC) by PPE Medpro Ltd in its defence of claims brought in the Commercial Court by the Secretary of State for Health and Social Care in relation to the supply to the DHSC of 25 million sterile surgical gowns in 2020 at the height of the COVID-19 pandemic. The high-profile claim, for in excess of £120 million – named by The Lawyer as one its top 20 cases for 2025 – alleges that gowns supplied by PPE Medpro were not sterile and/or failed to meet other contractual requirements so as to make them unusable. The claim is defended in its entirety by PPE Medpro on the grounds that the equipment, as supplied, was entirely compliant with the contractual requirements. The case is listed for a 5 week trial in June/July 2025.

· The Republic of Mozambique vs Credit Suisse and Others [2024] EWHC 1957 (Commercial Court)

Ashley (led by Jonathan Cohen KC) appeared on behalf of Ms Detelina Subeva, a member of the Credit Suisse Deal Team, in this landmark Commercial Court case relating to sovereign guarantees issued by the Republic of Mozambique for loans exceeding $2 billion. The 3-month “Tuna Bonds” trial reached the Commercial Court late 2024, and generated a mammoth 123 page judgment of Knowles J in July 2024. The court found that Privinvest, a ship building conglomerate, had engaged in the bribery of Mozambique’s former finance minister, Manuel Chang. The Republic reached settlements with various banks involved in the funding arrangements for the ship building contracts (including Ms Subeva) during trial and in advance of judgment.

· A v B [2024] (LCIA Arbitration)

Ashley is currently instructed as junior counsel for the Respondent (led by Jonathan Cohen KC) in this LCIA Arbitration claim, brought in respect of a multi-million-pound contract for the distribution of the Respondent’s high-end cosmetics in Hong Kong and Macau. Phase I of Trial, relating in particular to the territorial scope of the parties’ agreement, took place in 2023. An arbitral award in the Respondent’s favour was handed down later that year. Phase II of the arbitration is now underway, involving the determination of consequential issues, including the quantum of any residual claims, arising from the LCIA Tribunal’s determination of the territorial scope of the contract.

· C v D [2024]

Acting as sole counsel in High Court proceedings seeking injunctive relief against an individual domiciled in Saudi Arabia, brought by one of the leading fitness companies in the region following a series of breaches of employment, consultancy and franchise agreements by the Respondent, a former employee.

· X v Y [2023] (Astana International Finance Centre)

Acting for the Claimant shareholder (led by Rupert D’Cruz KC) in a claim for relief for unfair prejudice (and associated proceedings for injunctive relief), arising out of the diversion of a multi-million dollar commercial opportunity for the purchase of an oilfield in Kazakhstan.

· James Martindale Consultancy LLP v Cuvette Property Consulting Ltd [2023]

Ashley (led by Jonathan Cohen KC) acted for the Defendant company in these multi-milion pound Commercial Court proceedings which concerned the alleged breach of a Consultancy Agreement said to have deprived the Claimant of a substantial commission payment for large-scale commercial developments across the UK.

· Allergy Therapeutics Ltd v Inflamax Research Inc [2021] – 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.

· 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.

· 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 the proper construction of the terms of a Loan Agreement.

Civil Fraud

Ashley is recommended as a Leading Junior for Civil Fraud, with fraud and deceit-based claims forming a substantial part of Ashley’s commercial practice. He is also regularly instructed, both led and as sole counsel, in applications for urgent injunctive relief (freezing orders, Norwich Pharmacal orders, search and imaging orders, etc).

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

· Global Steel Holdings Limited v Direct Investments Ltd & Ors [2025] (BVI Commercial Court)

Ashley (led by Charles Samek KC) represents the Defendants in this fraud claim, brought by the liquidators of GSHL, said by them to be worth USD $358m. The claim alleges a vast asset stripping scheme said to have been orchestrated by the fourth Defendant between 2008 and 2021: that as GSHL faced mounting creditor pressure arising out of a series of failed business ventures in Bulgaria, Montenegro and Nigeria, hundreds of millions of dollars’ worth of assets were removed and transferred by the Defendants to different entities higher up within the structure of a family trust.

· The Republic of Mozambique vs Credit Suisse and Others [2024] EWHC 1957 (Commercial Court)

· Lowry Trading Limited & Ors v Haycox (Commercial Court) [2024]

Ashley represents the Claimants (led by Jonathan Cohen KC) in ongoing proceedings arising out of an alleged ponzi-scheme relating to lending made by a series of special purpose vehicles (SPVs).

· Network For Animals Ltd & Ors v Animals First Aid Ltd & Ors [2024] KBD

Ashley acts as lead counsel for the claimant companies (an animal welfare charity and associated companies) against a number of individuals and corporate entities alleged to have defrauded the claimants’ customers, by pretending to be the claimants. The alleged fraud was perpetrated following the large-scale removal and unlawful retention of data, including valuable client lists, which were then converted into websites and funding platforms which mimicked those of the claimants, and duped its customers and donors into thinking they were dealing with the claimants when they were not. The claimants seek damages, restitution and other injunctive relief.

· X v Y [2023] (Astana International Finance Centre)

· James Martindale Consultancy LLP v Cuvette Property Consulting Ltd [2023]

· Fine Art Partners v Robert Newland [2023] (Business & Property Courts (ChD))

Ashley is instructed as sole counsel for the Claimant, a prominent international financial services provider specialising in the global art market, in its claim against the Defendant, an art consultant and gallery manager. The Claimant brings claims for fraudulent misrepresentation, breach of fiduciary duty and dishonest assistance against the Defendant, arising from a series of frauds overseen by the notorious art fraudster, Inigo Philbrick.

· 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.

Sport

Ashley is a Sports Law specialist, recommended as a Leading Junior for Sports Law by Legal 500, Chambers & Partners, and Who’s Who Legal. He was recently named “Sports Law Junior of the Year” at the Legal500 Bar Awards 2023.

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, but is also regularly instructed in other sporting fields (tennis, rugby, sailing, cricket, athletics, anti-doping), both as counsel and – increasingly – as an arbitrator or adjudicator. He co-leads the Sports Law group at Littleton Chambers, is a member of a Premier League Regulatory Oversight Panel and the Table Tennis England Board of Appeal. Ashley also heads up Littleton’s Inspire Sports Law Initiative, which assists former athletes and under-represented groups into careers in the law, via work experience and ongoing mentoring.

Recent Sports Law work:

Some of Ashley’s selected recent Sports Law work includes:

The Independent Investigation into Yorkshire County Cricket Club

Ashley is the senior junior of the Counsel team appointed to investigate allegations of unlawful discrimination at Yorkshire County Cricket Club (“YCCC”), following widespread media coverage of the club’s mishandling of its investigation into allegations of discrimination and harassment brought by former player Azeem Rafiq. The Investigation is tasked with determining individual complaints made via a Complaints Hotline, and will separately report its global findings and recommendations to YCCC in 2024.

Hiddink v Football Association of the Maldives 2022/FPSD-3553

Koopman v Football Association of the Maldives 2022/FPSD-4386

Ashley successfully represented the Claimants in these, separate, claims brought before the FIFA Football Tribunal, in respect of the termination without just cause by the Maldives Football Association, of contract of the Head Coach and assistant Head Coach of the National Team. On both occasions, the FIFA Football Tribunal granted the Claimants all of the relief they sought, the written reasons for which were published shortly thereafter.

The English Football League (EFL) v Southend United FC

Ashley appeared as sole counsel on behalf of the EFL in this appeal brought by the Club against disciplinary proceedings initiated by the EFL. The EFL had deducted 10 points from SUFC for breaches of the financial regulations which govern all league clubs playing in the league pyramid. SUFC appealed on four separate grounds, seeking to have the sanction quashed, alternatively reduced. The Appeal, in its totality, was dismissed, and the original sanction upheld.

EFL v [A Club]

Ashley is a member of the 3-member Disciplinary Commission tasked currently with determining this very substantial set of proceedings relating to alleged breaches by the Club of Regulation 52.2.6 of the EFL Regulations.

Sportfive UK Ltd v Nottingham Forest Football Club Limited

Ashley was instructed by the Claimant, the UK division of a global sports marketing business, in its dispute with Nottingham Forest (“NFFC”) arising out of NFFC’s breach of the parties’ contract for the provision of perimeter advertising at the City Ground Stadium. Sportfive successfully obtained prohibitory and mandatory injunctive relief on an urgent basis against NFFC before the current Premier League season commenced.

What the Directories Say:

“Ashley is remarkable in his knowledge of sports regulations and how they interplay with the law more generally.”

“Ashley Cukier has a strong practice representing players and governing bodies in cases concerning sports rule breaches. He regularly assists in connection with FA Rule K arbitration and regulatory matters.”

“Ashley is remarkable in his knowledge of sports regulations and how they interplay with the law more generally.”

“Very organised and knows his practice area inside out.”

Chambers & Partners 2024, Sport

“Personable, smart, responsive, very thorough in his approach, and he’s good at coming up with creative solutions to unusual problems.”

Legal 500 2024, Sport

“He is technically outstanding. He is very calm, and assured, and is extremely good with clients”.

Chambers & Partners 2023, Sport

“Ashley provides clear and practical advice, is great with clients, is excellent on strategy, and a pleasure to work with.”

“He knows the football regulatory landscape well, which is invaluable when considering insolvency issues in that context given the extent of football-specific provisions in the area.”

Legal 500 2023, Sport

Art & Cultural Property

Ashley’s practice regularly encompasses cases involving art and cultural property, and the (often) associated issues of agency, misrepresentation, commission payments, fiduciary duties, oral agreements, and conflicts of law.

Ashley is currently instructed as sole counsel in Fine Art Partners v Robert Newland [2023] (ChD), where he is acting on behalf of the Claimant, a prominent international financial services provider specialising in the global art market, in its claim against the Defendant, an art consultant and gallery manager. The Claimant brings claims for fraudulent misrepresentation, breach of fiduciary duty and dishonest assistance against the Defendant, arising from a series of frauds overseen by the notorious art fraudster, Inigo Philbrick.

Other art cases in which Ashley has been involved include:

ACLBDD Holdings Limited & Ors v Staechelin & Ors [2019] EWCA Civ 817; [2018] EWHC 44 (Ch), where he (led by Jonathan Cohen KC) represented the successful Claimant, 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 Claimant 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.
In A v B [2018] (names anonymised due to settlement), Ashley (led by Jonathan Cohen KC) 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.

Acting as sole counsel by the buyer of an artwork in respect of a claim for delivery-up and/or damages involving in respect of a valuable sculpture specially commissioned for the buyer, that was not delivered. The case concerned 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.
Acting as sole counsel for an artist in a dispute (now settled) with the claimant art dealership, arising from an agreement for the exhibition of the artist’s works at the Frieze London Art Fair.