Product Liability
Non-medical
- Henderson v Feldbinder – Acted for successful German lorry manufacturer sued by UK employer alleging negligent design of handrail on tanker. Issues included whether compliance with German safety standard was sufficient.
- Snow & Rock v Bosch, Iveco et al – Acted for Bosch GmbH in relation to vehicle fire allegedly due to negligently designed / manufactured ABS unit.
- Vehicle fires allegedly due to design/manufacturing faults: Cars (2 manufacturers), lorries (2 manufacturers). Including risk of fire arising from electronic componentry.
- Fires allegedly due to electrical faults in domestic appliances (eg toaster, washing machine, fridge-freezers).
- Industrial glass-handling machine severing engineer’s hand – allegedly defective system of electronic sensors. Acting for employer against producer.
- Fire in sauna at leisure centre – claim against sauna designers/suppliers.
- Toughened glass panels on new office building spontaneously shattering leading to need to reclad building: claim against manufacturers of panels and against enamel paint manufacturers.
- Acting for lorry manufacturer in claim against manufacturer by employer following serious injury to employee. Allegedly defective guardrail causing injury.
- Racing motorcycle wheel shattering.
- Exploding paint canister causing blindness.
- Finger amputated in car park ticket vending machine. Acted for manufacturers. Held: Pre-marketing testing inadequate. Adequate testing would have revealed risk of injury which could easily have been removed. However, actual risk was so low that a reasonable manufacturer would not have taken steps to reduce it if known. Therefore claim failed.
- Cases involving allegations of: exploding vacuum flasks, exploding sparkling wine bottles, well-known kitchen cleaning fluid causing corrosive skin burns, domestic timber treatment causing permanent sensitisation to chemicals.
- Advising manufacturer as to recall regulatory requirements and process following identification of dangerous product (vehicle cycle rack).
Medical:
- Medtronic Sprint Fidelis lead for Implantable Cardioverter Defibrillator. Represented two separate UK claimants against Medtronic.
- Intervertebral disc prosthesis – alleged defects in design/manufacture causing severe back problems – development risk defence – skilled intermediary. Represented manufacturer. Claim settled at mediation.
- Incorrect knee implant used in knee replacement surgery – supplier default – cause of long-term knee problems.
- Fertility clinic – sperm bank – use of sperm with chromosomal abnormality –liability in relation to resulting foetuses/babies.
- Cases involving claims of: vaccine causing chronic fatigue syndrome, diabetic syringe needle breaking during use, toxic shock syndrome – inadequate warning on tampon packet.
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)
