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Toby Chandler

Call 2019

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Toby’s practice covers the range of Chambers’ work with a particular focus on commercial, international arbitration, construction, insurance and professional negligence matters. He joined Chambers in August 2021 following the successful completion of a third six pupillage supervised by Carlo Taczalski and Richard Sage.

He has a busy court practice, appearing in a variety of matters across Chambers’ core areas and regularly appears in trials and interim applications.

Prior to joining Chambers, he was a judicial assistant at the Commercial Court to Foxton and Calver JJ and undertook pupillage at Essex Court Chambers. At the Commercial Court, he was heavily involved in the preparation of judgments in arbitration-related proceedings, international jurisdictional and choice-of-law disputes and a variety of commercial applications. He was notably involved in SK Shipping Europe Plc v Capital Vlcc 3 Corp & Anor [2020] EWHC 3448 (Comm), A v B [2020] EWHC 2790 (Comm) and Lavender Shipmanagement Inc v Ibrahima Sory Affretement Trading S.A. & Ors [2020] EWHC 3462 (Comm).

At Essex Court Chambers, Toby’s training focused on commercial and international disputes. He has a broad experience of conflict-of-laws, arbitration and civil fraud. Of particular note is his involvement in Navigator Equities v Deripaska [2020] EWHC 1798 (Comm), a major Commercial Court committal trial clarifying the duties of those seeking to have a counter-party committed to prison, as well as working on the HSBC v SIB litigation.

Commercial

Examples of Toby’s work include:

  • Acting on a $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)
  • Advised on a multi-party mediation relating to a property development leading to substantial damage to underground services infrastructure (led by Daniel Shapiro QC)
  • Advising a fitness centre as to flood damage and the responsibility for repairs under a commercial lease and related management contracts
  • Advisory work regarding the enforceability of a commercial guarantee against a company director alleged to have suffered undue influence
  • Defence of solicitor accused of fraud and conspiracy by a former client on a commercial sale
  • Proceedings relating to the construction of a bespoke race car for a former celebrity DJ
  • Proceedings to recover sums paid pursuant to an unauthorised directors’ loan account
  • Advised in relation to a fire at a storage facility and potential claims against the owners and the neighboring premises where the fire began
  • During pupillage:
    • A claim arising out of an explosion at a powdered milk factory causing c. £40 million property damage
    • Application to enforce a commercial judgment given in Dubai in the English Courts
    • PJSC VTB Bank v Laptev [2020] EWHC 321 (Ch): Parallel bankruptcy proceedings where the proposed bankrupt was already subject to Russian insolvency proceedings, raising issues as to choice-of-law and jurisdiction
    • Drafted Particulars of Claim seeking declaratory relief that there had been no breach of contract or misrepresentation where it was alleged that ancient Gandharan art sold to the Qatari royal family investment fund was fake
    • Prepared disclosure review documents for a CMC arising out of a major film financing contract
    • Drafted initial advice and the Particulars of Claim in an international dispute arising out of the sale of a £125 million superyacht in Switzerland
    • Drafted the defence in a dispute concerning the renegotiation of a contract to use an oil filtration centre and pipeline in the North Sea
    • Drafted Particulars of Claim, and an application for delivery up of production materials, relating to a television documentary where the relationship between producer and creator had broken down
    • Provided advice on the entitlement of an LLP partner to oppose changes in management structures and whether such rights would be analogous to those held by minority shareholders
    • Drafted advice on shipping disputes relating to a demurrage claim and a damages claim under a bill of lading
    • Drafted research notes on various issues arising out of Raiffiessen v ACE a claim in relation to financing arranged by Ashurst for an Indonesian company. Supported on the disclosure appeal in relation to the scope of legal advice privilege, [2020] EWCA Civ 11
    • Prepared an advice on strike out and a list of issues on litigation in SIB v HSCB Bank relating to dishonesty and the Quincecare duty of care
    • Drafted a skeleton argument for a Cayman Islands appeal as to whether there was jurisdiction to grant Norwich Pharmacal relief in support of foreign proceedings
    • Tugushev v Orlov: a £300 million fraud trial concerning the ownership of a substantial fisheries business. Supported on opposing an application for a s9 Arbitration Act stay; preparing documents for a disclosure review exercise of privileged correspondence going back over a 25-year period; providing advice on the nature of a Hunter v Moss trust arising out of extensive amendments to the pleaded case
    • Drafted a summary judgment application in relation to a commercial guarantee issued by a  Western African state and its central bank raising issues of state immunity and the construction of guarantees and on-demand performance bonds

Construction & Engineering

Examples of Toby’s work include:

  • Acting on a $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)
  • Advised on a multi-party mediation relating to a property development leading to substantial damage to underground services infrastructure (led by Daniel Shapiro QC)
  • Advising a fitness centre as to flood damage and the responsibility for repairs under a commercial lease and related management contract
  • Advised in relation to an extension built without planning permission at a residential property
  • Acted against a sub-contractor for failure to repair the negligent construction of roofing in a block of flats
  • Acting in relation to a claim for sums alleged to be owed under an undocumented invoice raised for alleged work done on a major construction site
  • Strike out of claim against party wall surveyor raising issues of arbitral immunity and jurisdiction
  • Proceedings against a national estate agent in relation to an employee alleged to have caused extensive property damage to a home
  • Advised in relation to a fire at a storage facility and potential claims against the owners and the neighboring premises where the fire began
  • During pupillage:
    • A claim arising out of an explosion at a powdered milk factory causing c. £40 million property damage
    • Supported on claims arising out of various fires, including at a thatched cottage, a commercial restaurant and a commercial refrigerator

International Arbitration

  • Toby has particular interest and experience in international arbitration. He is presently instructed in a $10 million LCIA arbitration in relation to a dredging contract between a Bahamian and American Company under English law (led by Carlo Taczalski).
  • During pupillage he was involved in a range of arbitration and arbitration related proceedings and is astute at dealing with issues of foreign law and parallel proceedings:
    • Drafted skeleton argument for Tatneft in resisting Ukraine’s attempts to challenge the enforceability of a BIT Award against it
    • Drafted a speaking note for an appeal on behalf of private equity firm MatlinPatterson who were resisting enforcement of an award against in obtained by the Brazilian Airline VRG. Proceedings in the Cayman Islands mirroring procedures under the English Arbitration Act 1996
    • Drafted an application to challenge an arbitrator’s jurisdiction in circumstances with competing arbitration and choice of court clauses
    • Supported arbitrator in preparing their award in relation to a failing medical electromagnet under ICC rules. Panel of Swiss and English lawyers.
    • Supported in the preparation of an award in relation to a Dutch company’s failure to deliver a consignment of meat products
    • Advised on the correct interpretation of a contract of indemnity in an arbitration between two major banking entities
    • Provided advice on the entitlement of an LLP partner to oppose changes in management structures and whether such rights would be analogous to those held by minority shareholders

International Disputes

Toby has significant experience in international disputes raising issues of jurisdiction, choice-of-law and enforcement of foreign judgments. During pupillage he was involved in the following:

  • Drafted a skeleton argument for a Cayman Islands appeal as to whether there was jurisdiction to grant Norwich Pharmacal relief in support of foreign proceedings
  • Tugushev v Orlov: a £300 million fraud trial concerning the ownership of a substantial fisheries business. Supported on opposing an application for a s9 Arbitration Act stay; preparing documents for a disclosure review exercise of privileged correspondence going back over a 25-year period; providing advice on the nature of a Hunter v Moss trust arising out of extensive amendments to the pleaded case
  • Drafted a summary judgment application in relation to a commercial guarantee issued by a  Western African state and its central bank raising issues of state immunity and the construction of guarantees and on-demand performance bonds
  • PJSC VTB Bank v Laptev [2020] EWHC 321 (Ch): Parallel bankruptcy proceedings where the proposed bankrupt was already subject to Russian insolvency proceedings, raising issues as to choice-of-law and jurisdiction
  • Drafted initial advice and the Particulars of Claim in an international dispute arising out of the sale of a £125 million superyacht in Switzerland
  • Prepared an advice on strike out and a list of issues on litigation in SIB v HSCB Bank relating to dishonesty and the Quincecare duty of care
  • A claim relating to defective heart monitors relating to a Delaware company dissolved under the law of its incorporation

Professional Liability

Examples of Toby’s work include:

  • Drafted interlocutory application to cross-examine a claimant alleging negligence against former solicitors in relation to a costs order which was entered against her in relation to a fundamentally dishonest personal injury claim
  • Advised and drafted letters in relation to allegations of negligence against a solicitor conducting employment proceedings on behalf of a former employee alleging discrimination and unfair dismissal
  • Advised and drafted letters in relation to breach of data protection regulations and misuse of private information in relation to a solicitor alleged to have improperly disclosed a client’s file
  • Defence of solicitor accused of fraud and conspiracy by a former client on a commercial sale
  • During pupillage:
    • Drafted research notes on various issues arising out of Raiffiessen v ACE [2020] EWCA Civ 11 including the quantification of damages; supported the appeal on disclosure in relation to financing arranged by Ashurst for an Indonesian company
    • Accountants’ negligence claim arising out of advice given in relation to EIS tax relief
    • Advised and drafted proceedings in claim against a solicitor alleged to have acted on instructions of an ‘agent’ who was fraudulently purporting to act for their principal

Product Liability

Toby welcomes instructions in product liability matters. Examples of recent work includes:

  • Advised on a multi-party mediation relating to a property development leading to substantial damage to underground services infrastructure (led by Daniel Shapiro QC)
  • Drafting proceedings in relation to allegedly defective construction safety equipment.
  • During pupillage he supported on:
    • A claim arising out of an explosion at a powdered milk factory causing c. £40 million property damage
    • A claim relating to defective heart monitors relating to a Delaware company dissolved under the law of its incorporation
    • A claim against a Spanish company in relation to a negligently manufactured cooling component in a commercial fridge

Property Damage

Toby welcomes instructions in property damage matters. He is regularly instructed in drafting, advice and representation. He has supported across a range of subject matters including in relation to fire damage, storm and flood damage, defective building work, collapsed trees as well as other matters. In particular he has advised as to:

  • Proceedings against a national estate agent in relation to an employee alleged to have caused extensive property damage to a home
  • Proceedings against a storage company alleged to have stolen a range of valuable possessions from the owner
  • Acted on behalf of a Welsh Council alleged to be liable for flood damage to the owner of a second-home
  • During pupillage he assisted on:
    • Supported on claims arising out of various fires, including at a thatched cottage, a commercial restaurant and a commercial refrigerator
    • A claim arising out of an explosion at a powdered milk factory causing c. £40 million property damage

Personal Injury

Toby has a broad personal injury practice and frequently appears in both trials and interlocutory applications. He is familiar with a variety of procedural and interim issues. He has acted in relation to:

  • A property manager alleged to be liable for an injury which occurred at a commercial shopping center
  • On behalf of an Indian and Bangladeshi restaurant alleged to be liable for a woman who fell at the premises
  • Proceedings in relation to allegedly defective construction safety equipment
  • In relation to the allegedly negligent extraction of an impacted wisdom tooth

Qualifications


  • City University, BPTC, 2019, Very Competent; Lincoln’s Inn Denning Scholar (2018)
  • University of Bristol, LLB, 2015-2018, First Class
    • Editor in Chief, Bristol Law Review; Chair of Debate for Bristol Law Club; Convener of Bristol Debating Union

Memberships


  • COMBAR

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