Personal Injury
- All types of personal injury cases from minor to catastrophic, including employers’ liability, industrial disease, fatal accidents, brain/psychological injury.
- Swain v (1) Geoffrey Osborne Ltd (2) PJ Browne Ltd [2010] EWHC 1108 (QB); [2010] EWHC 3118 (QB), Foskett J. Represented Geoffrey Osborne Ltd. Claimant allegedly slipped on muddy pavement opposite a building site. He sued the main contractor Osbornes and the groundworks subcontractor Browne. Both were found liable at trial. In contribution proceedings Osbornes obtained a full indemnity from Browne, together with indemnity costs from the expiry of a Part 36 offer.
- Hopps v Mott MacDonald/MOD [2009] EWHC 1881 (QB) (led at trial by Mark Turner QC). Claimant engineer was injured in Iraq when a road-side bomb was detonated near the vehicle in which he was travelling. He sued his “employers” Mott MacDonald and the MOD for failing to provide him with an armoured vehicle. Issues included proper scope of expert evidence, “security” evidence, ballistics expert evidence, whether the reconstruction of Iraq’s infrastructure was a “desirable activity” within the meaning of s.1 of the Compensation Act 2006; whether that section has retrospective application.
- Aktas v Adepta [2010] EWCA Civ 1170; [2011] 2 W.L.R. 945]: Junior counsel – Abuse of process, failure to serve of claim form, second set of proceedings. Effect of Horton v Sadler [2007] 1 AC 307 on Hashtroodi v Hancock [2004] EWCA Civ 652 and other cases.
- Chinery v EWE, 4.02, EWCA. Junior counsel. Liability of subcontractor who creates a dangerous trap, in respect of injury to another subcontractor’s employee (rendered paraplegic).
- Health and Safety prosecutions, eg relating to construction sites and railway maintenance.
- Inquests, including representing the deceased’s doctor subject to investigation by reason of the death.
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)
