Ashley Mott

Position: Partner

Ashley is Head of the Litigation and Regulatory Group, Yorkshire region. He has considerable experience in handling IT and telecoms disputes, product liability claims, manufacturing and engineering litigation and general contractual and commercial issues. Ashley is very familiar with all methods of alternative dispute resolution.

Ashley regularly represents clients in the High Court in England and in international arbitration proceedings. He has handled cases in many foreign jurisdictions including the US, Canada, Australia, New Zealand, Korea, China, India, the Middle East and throughout mainland Europe (including cases referred from the UK to the European Court of Justice).

Ashley is recognised by the Legal 500 as having "an excellent reputation" and a "commercial" approach. He is a regular speaker at conferences and forums on subjects including domestic and international dispute resolution, litigation practice and procedure and methods of avoiding, managing and resolving disputes including mediation.

Ashley is a member of the Law Society and the Society for Computers and Law and sits on the High Court Users' Committee for the North Eastern Circuit. He is also the Director and Trustee of a charity.

Key experience:

Technology Disputes

Acting for a leading communications company against a large US company regarding unpaid call charges, involving allegations of breach of contract and fraud and requiring cross-border freezing injunctions.
Acting for a major telecommunications company regarding a large-scale commercial fraud which was committed using prepaid call cards and premium rate numbers across various international jurisdictions.
Acting for a leading telecommunications company in a dispute with its interconnect partner involving allegations of third party fraud and regulatory issues under the Telecommunications Act 1984.
Handling numerous claims for telecommunications providers against customers and interconnect partners, involving cessation of service advice, injunctions, mediation, expert determination and High Court proceedings in both the Technology and Construction Court and the Commercial Court.
BCT Software Solutions Limited -v- Arnold Laver & Co Limited [2002] 2 ALL ER (COMM)85 - defending a claim against Arnold Laver by BCT relating to the incorporation and interpretation of standard terms and conditions, particularly relating to the software licences. It succeeded in both the High Court and on appeal to the Court of Appeal.
Acting for an IT company in relation to a multi-million pound outsourcing contract with a public sector body including advising on termination, representing the client at a mediation and pursuing the claim in the Technology and Construction Court.
Handling numerous claims for IT suppliers and customers regarding the implementation of complex IT solutions and advising on potential breaches of contract, rights of termination and injunctive relief.
Cable & Wireless v Primus Telecommunications. Cable & Wireless provided switched telecommunications services to Primus via an Inter-connect Agreement. Primus relied upon an alleged third party fraud and regulatory issues under the Telecommunications Act 1984 in its defence. We achieved full recovery of a significant sum by settlement prior to the hearing of a summary judgement application.
Advising the NHS in respect of contractual and contract management issues (including dispute avoidance and resolution) arising out of the National IT Programme (one of the world's largest IT procurements).
Acting for IT systems suppliers regarding disputes with customers, suppliers of hardware and software licensors.
Advising a major UK financial institution on issues arising from the so-called "Millennium bug".

Product Liability Claims

Acting for the UK subsidiary of a German company in relation to tens of thousands of defective products distributed within the UK. Advising the company through a full and successful recall operation including advising on regulatory issues, insurance and subsequent civil claims.
Advising a European based company following the distribution throughout Europe of defective central heating boilers including advising on potential civil and regulatory exposure across several European jurisdictions and recall obligations.
Advising a well-known UK manufacturer of building products regarding serious bacterial infection allegedly resulting from the installation of branded products, including challenging literature published in industry and science journals leading ultimately to the rejection of those claims and a successful conclusion for the client.
Acting for a US client in relation to alleged faulty children's toys sold in the UK and across Europe. Investigating incidents, assisting with the risk assessment, advising on regulatory risk across Europe and on recall obligations and subsequent civil action.
Advising a US based client regarding faulty electrical connectors manufactured in the US but distributed in Europe and the Far East. Advising on a potential recall, regulatory issues and civil claims.

General Commercial Claims

Successfully defending a well-known national franchise operation against several multi-million pound claims brought by franchisees alleging misrepresentation and breach of contract. These were successful at first instance and on appeal to the Court of Appeal.
Acting for a UK company in High Court proceedings in Calcutta, India, and successfully dismissing an injunction preventing the sale of shares in the UK company.
Acting for an Indian company against a US multi-national corporation in ICC arbitration proceedings concerning allegations of misrepresentation and breach of joint venture and related contracts.
Acting for a premiership football club in the successful defence of High Court proceedings in England brought by a French company relating to perimeter advertising and in the subsequent reference to the European Court of Justice.
Acting for a large motor dealer against a government department in proceedings in the High Court in England and before the European Court of Justice relating to the potential recovery of millions of pounds of VAT for them and other motor dealers.
Handling numerous claims relating to defective work, materials and products, the interpretation and wrongful termination of commercial contracts, warranty claims and directors' duties and responsibilities.

Professional Qualification