Toby Chandler

Commercial

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 also has a substantial arbitration practice which is set out under a separate heading.

Recent examples of his work include:

• Instructed on a c. £10 million dispute concerning allegedly negligent tax advice in relation to a £200 million building project (led by Daniel Shapiro KC).
• Substantial group action arbitration for business interruption insurance losses arising from the COVID-19 Pandemic (led by Andrew Rigney KC and Caroline McColgan).
• 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.
• International fraud claim arising out of misappropriation of funds from Dubai and BVI companies worth c. $1.5 million.
• 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.
• Advice in relation to 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.
• Sole counsel instructed on a circuit commercial court matter regarding alleged negligent agronomic advice appearing unled against a KC.
• Claim involving enforceability of a commercial guarantee against a company director alleged to have suffered undue influence.
• Claims for lost profit following the collapse of major investment platform which left it unusable for several months.
• Claim against a solicitor in respect of an alleged Quistclose trust arising out of a property transaction.
• Claim in respect of a breach of obligations of good faith in a long-term relational contract arising out the development of bespoke audio-visual suites.

He acts on all stages of proceedings and is available to advice all manner of interim applications including jurisdictional disputes, disclosure applications and enforcement proceedings.

Recent cases include:

• Service out of the jurisdiction on excess-layer insurers domiciled in France and Ireland.
• Opposed application in respect of pre-action disclosure relating to the allegedly fraudulent dissipation of jewels.
• Application for disclosure of information both within and outside of the scope of the Third Parties (Rights Against Insurers) Act 2010.
• Acted in respect of an application for security for costs within an LCIA arbitration.
• Norwich Pharmacal order relating to a major fire at a commercial premises.

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.

Recent examples include:

• ICC Arbitration arising out of major engineering works in Qatar (Qatari Law).
• Advice on the transfer of a jurisdiction clause following the statutory assignment of rights under the Third Parties (Rights Against Insurers) Act 2010.
• 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).
• 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).
• International fraud claim arising out of misappropriation of funds from Dubai and BVI companies. Issues of jurisdiction and proper law governing the companies.
• Advice on choice of law and jurisdiction in an international sale of goods contract where suppliers domiciled in Germany.
• 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.

Cases on which Toby is involved frequently involve allegations of dishonesty, deceit and the misappropriation of assets.

Examples include:

• Advice in relation to 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.
• Acted for defendant jewellers accused of dissipating a substantial jewel and jewellery collection and absconding with the profits.
• International fraud claim arising out of misappropriation of funds from Dubai and BVI companies worth c. $1.5 million.
• 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.

Toby regularly acts in TCC proceedings, both led and unled, across a range of sectors and disputes. He acts for both employers and contractors and regularly assists in cases which raise 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 relating to private building inspectors and party wall arbitrators.

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

Recent cases 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.
• ICC Arbitration arising out of major engineering works in Qatar (Qatari Law).
• Advice on the effect of changes to the Defective Premises Act introduced by the Buildings Safety Act 2022 (led by Isabel Hitching 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 against those against insurers of insolvent contractors and where there are difficult contractual and statutory limitation issues.
• Advising in respect of the enforceability of an arbitration clause on a £3 million dispute concerning a nuclear facility.
• Advised on a multi-party mediation relating to a property development leading to substantial damage to underground services infrastructure (led by Daniel Shapiro KC).
• Proceedings in relation to negligent design of a luxury residential development causing flooding (led by Daniel Shapiro KC).
• Claim in respect of fire at a commercial tower-block causing extensive fire damage.

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 is 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 also regularly instructed on adjudication matters and contested adjudication enforcements where issues of jurisdiction, natural justice and insolvency arise. Such instructions include in respect of alleged design defects, misplaced piling operations and in respect of the placement of steel beams effecting the structural integrity of a major mosque.

Toby advises upon and litigates all insurance related disputes. He is frequently instructed on cases which raise a variety of cover and scope of coverage issues and in respect of subrogated recovery claims. Toby also has substantial experience in dealing with insolvent insureds. Insurance issues frequently arise across Toby’s practice and he is able to advise in respect of issues where they arise in other areas, including Construction and Engineering and Professional Negligence.

Recent cases include:

• Business interruption insurance arbitration in relation to group action claim against insurers (led by Andrew Rigney KC).
• Advised on developments in respect of Covid-19 coverage following the judgments in Stonegate Pub Company Ltd. v MS Amlin Corporate Member Ltd. and Others [2022] EWHC 2548 (Comm), Various Eateries Trading Ltd. v Allianz Insurance Plc [2022] EWHC 2549 (Comm) and Greggs Plc v Zurich Insurance Plc [2022] WHC 2545 (Comm) (led by Ben Quiney KC and James Sharpe).
• Advice in respect of the evidence required to prove the prevalence of Covid-19 under ‘At The Premises’ clauses (led by James Sharpe).
• Substantial 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).
• Claim against insurers in respect of a negligently made PCC where coverage is denied.
• Various other coverage issues in respect of all-risks commercial policy in respect of property damage, coverage issues arising in the course of various cladding claims, cavity wall insulation and other building defects.

Toby is regularly instructed involving all manner of professionals including accountants, brokers, and tax advisors. Toby also acts in respect of claims against lawyers 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.

Examples of his work include:

• Claim against accountants in respect of tax planning on a £200 million development (led by Daniel Shapiro KC).
• Proceedings in relation to negligent design of a luxury residential development causing flooding (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).
• Claim against a solicitor in respect of an alleged Quistclose trust arising out of a property transaction.
• Acted for solicitors in respect of an alleged claim relating to the Claimant’s alleged wrongful conviction of murder.
• Advice in relation to 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.
• 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.