Insurance & Reinsurance
- Earthquake insurance claims (residential property, commercial property – buildings policies, contract works policies (demolition of multi-storey carpark due to catastrophic earthquake damage to one component of building – definition of ‘other property’ – categorisation of physical damage vs economic loss).
- Financial services (claim for recovery of substantial regulatory penalty following alleged misselling of financial product – application of exclusion clause for services/products relating to financial derivatives).
- Fire, employers’ liability and motor policy disputes.
- Sperm bank – use of sperm with chromosomal abnormality – coverage – medical malpractice policy – product liability policy.
- Policy disputes arising out of alleged fraud, material non-disclosure, etc.
- Member of team of counsel in Deutsche Rückversicherung v Walbrook Ins Co Ltd & Others [1995] 1 WLR 1017.
- Commercial Court insurance claim relating to loss of undersea tractor equipment; meaning of ‘days’ grace’.
- Construction of exclusion clauses in public liability policies (eg property ‘in the charge of’ insured; wilful default; ‘financial derivative activities’)
- Advising gold bullion depository on insurance policy coverage.
- Insurance coverage issues for legal costs and statutory liability in the context of manslaughter prosecution following multiple fatalities in fire allegedly due to health and safety breaches.
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)
