Construction & Engineering
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 case which raise insurance issued, 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 also an incoming contributing editor to Emden’s Construction Law where he will author the forthcoming coming chapters ‘Variations’ and co-author ‘Tortious Liability in Respect of Building Operations’ alongside Andrew Rigney KC and Benedict Morillo.
Recent cases include
- 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.
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
