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.
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);
- International fraud claim arising out of misappropriation of funds from Dubai and BVI companies worth c. $1.5 million.
- Advice in relation to claim against solicitors alleged to have failed to overreach a charging order on the family home following judgment in a commercial court fraudulent misrepresentation claim.
- Sole counsel instructed on a 3-day circuit commercial court trial regarding alleged negligent agronomic advice unled against a KC.
- Claim involving enforceability of a commercial guarantee against a company director alleged to have suffered undue influence.
- Dispute relating to the construction of a bespoke race car for a former celebrity DJ.
- Claims for lost profit following the collapse of major investment platform which left it unusable for several months.
- Substantial group action arbitration for business interruption insurance losses arising from the COVID-19 Pandemic (led by Andrew Rigney KC and Caroline McColgan)
- 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)
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.
Selected Cases
Civil Fraud
Cases on which Toby is involved frequently involve allegations of dishonesty, deceit and the misappropriate of assets. Examples include:
- Advice in relation to claim against solicitors alleged to have failed to overreach a charging order on the family home following judgment in a commercial court fraudulent misrepresentation claim
- 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.
Selected Cases
View full profile »News
- Business Interruption Insurance: Key Points on Causation from the ‘At The Premises’ Case [2023] EWHC 1481
- Crown Office Chambers welcomes three new tenants
Qualifications
- City University, BPTC, 2019, Very Competent; Lincoln’s Inn Denning Scholar (2018)
- University of Bristol, LLB, 2015-2018, First Class
Memberships
- COMBAR