• "Toby is very user-friendly, he is responsive and accommodating. His written work is thorough and clear; his submissions are well-pitched." Legal 500, 2026
• “Toby’s advice is clear, concise and he is very user friendly and easy to get on with. Very much a valued member of the team.” Legal 500, 2025
• “He is very analytical and offers sound commercial advice. His written work is good and he builds a very good rapport with the client.” Legal 500, 2025

Commercial disputes sit at the heart of Toby’s practice, and he has experience as both sole and junior counsel across a wide range of commercial cases including disputes regarding the proper forum for disputes, contractual formation and construction, the scope of tortious and fiduciary duties and civil fraud. Toby’s fraud, insurance, banking, professional liability, arbitration and technology and construction practices are set out in more detail below.

Recent high-profile examples include:

• M+W Hightech v Various Directors: Instructed on M+W’s claims against its former directors in respect of the decision to enter into the Waste to Energy market and the construction of three huge plants. The claims raised issues in respect of the operation of the Duomatic (and equivalent) principle across German, Austrian and Singaporean jurisdictions (led by Robert-Jan Temmink KC and Tom Nixon).  
• Proceedings in respect of the disputed ownership of a Picasso painting held in escrow. Toby acted for the intermediary party in bringing a stakeholder application against the disputing parties (with Ben Quiney KC).
• Instructed on a dispute concerning allegedly negligent tax advice in relation to a £200 million building project (led by Daniel Shapiro KC). The claim concerned the use-value of money and the credit required to be given for the benefit in delaying tax liabilities.
• Claim against agricultural professionals including the scope of duties owed by an agronomist instructed to advise upon the soil and land use at a substantial potato farm. Toby appeared unled against leading counsel in the Circuit Commercial Court, successfully opposing an application to amend the claim.
• Successful strike out and challenge to jurisdiction in respect of a dispute arising out of the financing of a K-12 education business in Hong Kong and China. 

Toby is frequently involved in cases which involve allegations of dishonesty, deceit and the misappropriation of assets. Examples include:

• The Grenfell Tower Litigation: Toby acts, as part of a team led by Andrew Rigney KC, in respect of civil claims arising out of the Grenfell Tower Fire. Toby’s work particularly focuses on claims against manufacturers of insulation and cladding, whose actions have been described as systemically dishonest.
• A substantial directors’ duty claim arising out breach of a multi-million-pound joint venture agreement being heard in the Commercial Court, arising from the alleged misappropriation of assets from businesses domiciled in the UK and the BVI.
• International fraud claim arising out of misappropriation of funds from Dubai and BVI companies
• An action in respect of various breaches of directors and fiduciary duties on a transaction to defraud creditors of a corporate group. Toby acts for solicitors alleged to have facilitated the fraud in defending the claim and the third-party claim against the alleged fraudsters.

Toby is regularly instructed on disputes involved in arbitrations and disputes involving a cross-border element. He is available to advise on all aspects of jurisdictional, proper law and enforcement issues.

Examples include:

• A v B: Group action brought against insurers relating to substantial business interruption losses caused by COVID-19 (led by Andrew Rigney KC and Caroline McColgan). The dispute concerned whether furlough payments fell to be accounted for within the indemnity, an issue which is  to be heard before the Supreme Court.
• C v D: $10 million LCIA arbitration in relation to a dredging contract between a Bahamian and American Company. English law and English seated arbitration (led by Carlo Taczalski).
• E v F: Northern Irish seated arbitration against insurers in respect of a claim arising out of the allegedly dishonest conduct of a solicitors practice (led by Carlo Taczalski).
• G v H: ARIAS arbitration in respect of coverage and quantum and a contractors all-risk policy (led by Isabel Hitching KC). The dispute concerned the meaning of “damage” under the policy in light of the decision in Sky v Riverstone [2024] EWCA Civ 1567.
• Advising in respect of the enforceability of an arbitration clause on a dispute concerning the construction of a nuclear facility.

Toby has particular interest and specialism in insurance litigation. He is recommended by Legal 500 as a rising star in insurance and re-insurance litigation, where he is described as ‘clear, concise and …very user friendly’. Toby has a wealth of experience dealing with coverage issues on different types of policies.

Examples include:

• Advised major insurer on Covid-19 coverage and issues arising in respect of, amongst other things, the status of furlough payments (led by Ben Quiney KC and James Sharpe).
• Claim against insurers in relation to a major fire at a commercial factory alleged to have caused in excess of £100 million in business interruption losses (led by Daniel Shapiro KC).
• Advice in respect of the evidence required to prove the prevalence of Covid-19 under ‘At The Premises’ clauses (led by James Sharpe).
• Cladding claim in excess of £5 million brought under the Third Parties (Rights Against Insurers) Act 2010 against insurers domiciled both within and outside the jurisdiction (led by Ivor Collett). Toby advised on the transfer of a jurisdiction clause following the statutory assignment of rights.
• Claim against insurers in respect of a negligently made PCC where coverage was denied. Issues arose as to the scope of the duty to make a fair presentation of the risk, and whether the underlying architectural practice had dishonestly or recklessly made the negligent statements.

Toby’s work often involves disputes about banking and financial matters. 

Examples include:

• Summary judgement hearing in respect of the construction of a loan agreement, and whether it gave rise to a Quistclose-type trust.
• Led by Ben Quiney KC, acting on behalf underwriter’s agent in respect of a litigation funding scheme. The claim concerns the commercial viability of the scheme and the recoverability of? a substantial settlement with various banks under a condition precedent clause.
• Successful strike out and challenge to jurisdiction in respect of a dispute arising out of the financing of a K-12 education business in Hong Kong and China.
• Claim by IFA against portfolio brokers in respect of the system failure of the trading platform and the consequential financial losses. 

Toby regularly acts in TCC proceedings, both led and unled, across a range of sectors and disputes. His work frequently involves complex expert evidence, across a range of fields.

He acts for both employers and contractors in construction disputes and regularly assists in cases which raise insurance coverage issues, including claims under PI, property and liability policies. He has particular experience in cases involving construction professionals and has acted in respect of allegations against architects, engineers, and surveyors, as well as novel claims in respect of private building inspectors and party wall arbitrators.

Toby is frequently instructed in respect of property damage caused by defective construction work both for and against contractors and insurers under the Third Party (Rights Against Insurers) Act 2010. He has acted in respect of all manner of damage including fire and flood damage, oil leaks, chemical contamination, storms and sewage seeping through the floor. Toby has particular experience in respect of damage caused by commercial operations including neighbouring construction operations and flooding caused by changing farming practices.

Toby is a contributing editor to Emden’s Construction Law where he authored the chapter on ‘Variations’.

Examples include:

• Claim in respect of India Buildings – a Grade II listed Beaux-Arts building of historic importance in Liverpool –  and disputes arising out of its redevelopment (led by Tom Owen KC).
• Advised on the effect of changes to the Defective Premises Act introduced by the Buildings Safety Act 2022 (led by Isabel Hitching KC).
• Advised on a multi-party mediation relating to a property development, leading to substantial damage to underground services infrastructure (led by Daniel Shapiro KC).
• Various cladding disputes: Toby is regularly instructed for both building owners and contractors in respect of fire safety issues alleged to be result of allegedly dangerous cladding. Proceedings include those against insurers of insolvent contractors and where there are difficult contractual and statutory limitation issues.

Toby is regarded by Legal 500 as a rising star in professional negligence claims where he is described as ‘very analytical and offer[ing] sound commercial advice. His written work is good and he builds a very good rapport with the client’. Toby is regularly instructed in claims involving all manner of professionals.

Examples of his work include:

Construction Professionals
Toby is regularly instructed on claims arising out of a variety of projects in respect of all classes of construction professionals, including architects, engineers, surveyors and non-traditional professionals including planning consultants and flooding engineers. 

Such claims include:

• The Grenfell Tower Litigation: Toby acts, as part of a team led by Andrew Rigney KC, in respect of civil claims arising out of the Grenfell Tower Fire.
• Proceedings in relation to negligent design of a luxury residential development causing flooding. Claims are being pursued against architects, developers, structural engineers, flooding surveyors and planning consultants (led by Daniel Shapiro KC).
• Surveyors negligence claim arising out of the purchase of substantial arts & crafts style property where the loss of value is estimated to be c. £1 million (led by Carlo Taczalski).

Lawyers
Toby also acts in respect of claims against both barristers and solicitors acting and advising on a variety of areas including: property and commercial transactions, the conduct of litigation, cross-border tax structures, criminal prosecutions and data protection. High-profile examples of his work include:

• Claim against a solicitor in respect of an alleged Quistclose-type trust arising out of a property transaction.
• Acted for solicitors in respect of an alleged claim in respect of the Claimant’s alleged wrongful conviction of murder.
• Advice in relation to a claim against solicitors, following judgment in a commercial court fraudulent misrepresentation claim, alleged to have failed to overreach a charging order on the family home.

Accountants, Insurance Brokers and Directors & Officers
Toby is regularly instructed to act on claims against commercial and financial professionals. Particular examples include the following:

• Claim against accountants in respect of the tax planning on a £200 million development. Liability was disputed and issues arose as to the nature and causation of economic loss claimed (led by Daniel Shapiro KC).
• Brokerage claim in relation to the failure to place cover. Issue arose as to whether the payment of a purchase price (without express acceptance) is sufficient to form the basis of an instruction to a broker.
• Civil fraud action in respect of various breaches of directors and fiduciary duties on a transaction to defraud creditors. Acting for solicitors alleged to have facilitated the fraud worth c. £4 million.