Ashleigh Graham is a partner in the Dispute Resolution department of our Johannesburg office, and a member of the Corporate Investigations Practice.
She joined Bowmans in July 2016. Ashleigh specialises in commercial litigation and was admitted as an Attorney of the High Court, South Africa in March 2014. She has experience in arbitration, motion and trial work and has assisted Banks, companies, directors and shareholders in commercial disputes ranging in nature from contractual disputes, property disputes, the realisation of security, disputes between shareholders and/or directors, the enforcement of the Companies Act (2008), delictual claims for damages; to disputes involving insurance, banking and administrative law.
Ashleigh has a LLB degree (cum laude) from Wits University and completed a short course in Advanced Company Law (1) from the Mandela Institute. She is also an accredited Commercial Mediator though Conflict Dynamics.
Ashleigh’s recent experience includes:
- assisting in the defence of a significant arbitration claim of ZAR40 million instituted by a multi-national car manufacturer against a JSE-listed energy provider;
- assisting in the ongoing defence by a client in an international arbitration in which a telecommunications provider has claimed ZAR375 million arising from alleged breaches of a sale of shares agreement;
- assisting in launching an application for the appointment of a curator in respect of a patient with personal injury claims against a major New York hospital and US-based medical doctors. The matter has resulted in a large medical malpractice suit being instituted in New York, in which Ashleigh is assisting New York attorneys;
- acting on behalf of an employer by instituting civil proceedings against certain employees who were found to have committed fraud against the employer. The relief sought included the forfeiture of the employees’ pension funds in terms of section 37D(1)(b)(ii) of the Pension Funds Act 24 of 1956;
- acting on behalf of an employer by instituting urgent interdictory proceedings to ‘freeze’ the bank accounts of an employee who had been found to have committed fraud against the employer;
- acting on behalf of a creditor who had been ceded the rights to a mortgage bond over immovable property on which a chrome recovery and processing plant was located. Summary judgment was granted in favour of the creditor for ZAR14 million, as well as an Order authorizing execution against the property with the chrome recovery and processing plant;
- assisting with launching various winding-up proceedings against corporate debtors on behalf of various clients, including on behalf of a major South African bank;
- acting on behalf of a major South African bank for over 7 years in various matters, including the institution of proceedings against certain debtors which involved the attachment by and forfeiture of monies to the South African Reserve Bank;
- assisting in launching High Court proceedings on behalf of a family against a school in Johannesburg following the death of a child, which included a claim for inter alia constitutional damages arising from the emotional loss suffered by them;
- instituting and defending claims arising from breaches of sale of shares or sale of business agreements, many of which involving breaches of warranties and indemnities, and many of which involving cross-border disputes for foreign clients (based in Finland; Germany; Singapore and other African jurisdictions) or against foreign entities;
- assisting in the successful opposition of urgent interdictory proceedings launched by a software provider against a prominent pharmaceutical retailer pertaining to a software dispute;
- assisting with the conduct of a trial heard by the High Court over several weeks, in which damages were sought by a client against a defendant company responsible for the installation of certain software, in which the client succeeded in the High Court; but which the defendant has sought to appeal to the Supreme Court of Appeal;
- assisting in launching various interdict proceedings to stay the implementation of Government tender awards, including a security services tender and a professional services tender respectively, together with review proceedings to respectively set aside the awards in terms of the Promotion of Administrative Justice Act 3 of 2000;
- assisting a JSE listed mining company in various matters, including the resolution of a dispute with a landowner pertaining to the client’s statutory rehabilitation obligations, which dispute had been ongoing for over 10 years before it was resolved;
- the successful resolution of a dispute between a well-known South African performing artist and the editors of her autobiography; and
- assisting with the conduct of a number of Pro Bono matters, one of which included an application to compel the State to take the steps necessary to bring certain land reform legislation into force and effect as per their Constitutional obligations. The parties agreed the terms of an Order in which the State committed to tabling land reform legislation within specified time parameters.
- Johannesburg Society of Advocate Prize: Awarded to the most distinguished graduate in the degree of Bachelor of Laws 2011
- Gauteng Law Society Best Final Year LLB Student, 2011