Professional Liability
Especially scientific/technical, medical, engineering, non-standard/emerging
- Surveyors, accountants, solicitors, insurance brokers, estates managers, electricians, engineers. E.g. negligence of marine engineers repairing narrow boat allegedly causing subsequent sinking; drug manufacture, contamination of reprocessed chemical; junior counsel in The London Institute v Planned Maintenance Engineering (engineers allegedly causing flood of university tower-block); Solicitors’ failure to warn of subsidence risk in conveyance; Surveyor appointed under London (Building Acts) Amendment Act 1939 (Held: no duty of care); failure to warn (electrician – alleged failure to warn supermarket of danger of hot fuses – supermarket burned down); acted for c.150 claimants in group litigation against former solicitors for negligently settling vibration white finger claims at an undervalue.
- Commissioning of electronic control device for industrial electric fire allegedly due to incorrect programming of device lowering protection against fire due to other faulty components.
- Claim against water treatment engineers relating to water treatment services in tyre factory allegedly leading to boiler furnace tube collapse.
- Claim against engineers allegedly causing explosions in print-drying.
- Cold-top electric furnace for lead crystal glass manufacture – claim against designers / suppliers – disintegration of allegedly unsuitable tiles.
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)
