Clinical Negligence
- Instructed by NHSLA in catastrophic injury cases including Crofton v NHSLA (following [2007] EWCA Civ 71); A v C NHS Trust (spastic tetraplegic cerebral palsy due to perinatal negligence); Sutton v Princess Alexandra Hospital NHS Trust Lawtel LTLPI 8/9/2009 (severe cauda equina syndrome); Princess Alexandra Hospital NHS Trust v Badcock – representing the hospital in its contribution claim against tortfeasor causing original injury in Sutton.
- Acted for the claimant in TTT v Kingston Hospital NHS Trust, Owen J, 25.11.11 – catastrophic birth injury; successful interim payment application bringing the total of interim payments to £1.5M.
- Other examples: Pena-Romero v Abbeyfield/Bucks NHS Trust (failure to diagnose cerebral abscess leading to catastrophic brain injury); late diagnosis of neonatal and infant infections leading to permanent injury/death; late diagnosis of cancers; failure to diagnose congenital dislocation of hip; failure to diagnose infection causing osteoporosis; complex spinal operation causing stroke and neurological complications; novel operation on spine allegedly unreasonable; severe brain and physical damage following perinatal operations for congenital diaphragmatic hernia; breast augmentation surgery – use of wrong-sized implant; late diagnosis of neonatal meningitis; MRSA infection; allegedly negligent treatment for life-threatening paediatric medulloblastoma.
Selected Cases
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Memberships
UK:
- Professional Negligence Bar Association
- Personal Injuries Bar Assocation
- Technology & Construction Bar Association
- The London Common Law and Commercial Bar Association
NZ:
- New Zealand Law Society
- New Zealand Bar Association
- New Zealand Insurance Law Association (2014 -2025)
- Wellington Medico-Legal Society (2014-2025)
Appointments:
- Director and Vice-chair of Lambeth Law Centre, 2004 – 2005
- Chair of charity Porters’ Progress UK, 2007-2012
- Governor of Dulwich Village Infants’ School, 2012-2013
- Board member of New Zealand Choral Federation, 2018 – 2022
- Board member of St Mark’s Church School, Wellington, New Zealand, 2019 – 2025. Chair, 2023-2025
- Member of Board selection panels: World Choir Games (2022), Inline Hockey New Zealand (2025)
Recommendations
“You did a stellar job on the Bank of New Zealand recovery.”
(Senior claims manager for Bank of New Zealand’s global property insurer)
“I couldn’t have done it without your direction.”
(Manager of biodiesel plant for NZ oil and gas company)
“Thank you so much for your tenacity.”
(Individual client)
“Toby has the rare combination of legal brilliance and exceptional communication, together with humility, respect, compassion and empathy.”
(Individual client – a doctor with a serious long-term injury)
“Toby’s clear, careful thinking, calm authority and principled approach make him an exceptionally effective barrister. His personal qualities of integrity, sound judgment and experience blend to produce the consistently strong outcomes he achieves.”
(Chief scientist at New Zealand Rugby)
“Methodical and persuasive.”
Legal 500 ((2016)
“He’s very approachable and responds very quickly with detailed advice.”
Chambers & Partners (2015)
“Highly regarded for his versatility.”
Chambers & Partners (2014)
“He provides excellent advice which leaves no room for doubt.”
Legal 500 ((2014)
“Excellent in the courtroom.”
Legal 500 ((2013)
