Year of Call: 1988
Exeter University 1987 LLB Hons
I.C.S.L Bar Finals 1988
University of Salford 2010– Diploma in Health Safety and Environmental Law.
PIBA
NCMLA
CoPPA
Commencing practice in a common law chambers Toby gained early exposure to work from very different fields including crime, family and commercial law, whilst the primary focus of his practice was always civil work.
This has given Toby the flexibility to tackle cases which are perceived as problematic in crossing familiar boundaries. So, while he has specialised in multi-track personal injury work, he has sub-specialised in road transport and regulatory work including related licensing and crime.
More recently and arising out of his involvement in injury claims for persons lacking capacity Toby has enthusiastically developed a practice in Court of Protection work including contested both property and welfare cases.
In these specialisms an ability to engage with ECHR principles, EC jurisprudence and to undertake references by way of judicial review has been essential.
Toby is qualified to undertake direct access legal work, is a legal adviser to the disciplinary panel of the Nursing and Midwifery Council and an accredited pupil supervisor.
Away from work Toby’s interests include walking, sailing, theatre and cooking. Whether because of, or in spite of, this mix of activities he has been entrusted with the leadership of a local cub pack. Toby greatly enjoys the reactions of young people as they are introduced to a range of challenging sports and activities, through which they learn to assume personal responsibility for themselves and others.
Donlan v Boden [2017]
Defended Landowner in respect of substantial claim for career ending injury by horse rider arising out of alleged defects in a gate across a bridleway. Claim raised issues of technicality regarding extent of duties of care owed by servient landowners in respect of highways, the physical definition/limits of the highway and the creation/definition of rights of way. Early pleading of defining issues and tactical procedural applications led to confinement of claim to a narrow legal and factual basis, which were entirely resolved in the Defendant’s favour, thereby excluding numerous more contentious allegations.
Anderson v Taylor [2017]
Advised complete re-direction of existing defence approach and successfully conducted preliminary strikeout application on behalf of landlord in respect of multi-track claim for personal injury brought by tenant for defects in state of premises in breach of alleged duties of care. Resulted in disapplication of QOCS protection and full award of defence costs.
Mee v Day [2017]
Conducted multi-track settlement and approval proceedings in respect of claim by incapacitous Claimant, including application of contribution for non-use of seat belt and cfa recoverability issues giving rise to potential conflict between solicitor and own client.
Meeloo and Others v TFL [2017]
Conducted successful claim for damages against Transport For London for injuries caused by collapsing tree on highway due to failures in tree inspection and maintenance performed by independent contractors.
Re: Thomas D & Thomas A & Thomas J [2015]
Acted for multiple family claimants in £1.3m settlement of polytrauma and fatal accident claims.
Hunter D K R v Webber A [2015]
Motorbike passenger claim involving disputed liability, illegality, capacity, complex causation and quantification issues – Settlement approved (High Court).
Wainwright S v Shafiq M & RSA [2015]
Successfully challenged jurisdiction and secured dismissal of claim based on ex parte extension of validity of claim form.
Re: Pilkington Asbestos Removal Services Ltd [2014] UKUT 0500 (AAC)
Successfully appealed Operator Licence revocation to Upper Tribunal (Transport)
Re: Robinson [2014]
Advising and conducting settlement negotiations in £1.6m lower limb amputation claim.
Marks & Spencer Ltd v Castle [2011] EWHC 3195 (QB)
Successful appellate challenge to a first instance costs order made by a Designated Civil Judge.
R v Secretary of State for Transport and Others ex p. Go Ahead Group [2010] EWHC 223 (Admin)
Junior Counsel in major judicial review proceedings from first instance to CA concerning the operation and statutory interpretation of the concessionary bus fare regime.
R v Noor Hussain [2010]
Prosecuting Counsel in substantial MOT Fraud trial.
James Brown v Traffic Commissioner for Scotland – Transport Tribunal November 2010.
Bradley Fold Travel Limited v NW Traffic Commissioner – Transport Tribunal July 2009 and CA 2011.
Pass v Dyson [2009]
RTA, polytrauma and brain damage claim – accident reconstruction evidence – multiple experts.
Karen Roberts v CICA [2010]
Major acquired brain injury case: appeal to 1st Tier Tribunal concerning recoverability in principle of contested heads of damage. Claim successfully secured seven figure award for past and future private provision of care, case management, accommodation and equipment needs (together with substantial deputyship support) which would otherwise have been restrictively funded at local authority expense.
Recent Lectures published 2017:
Fundamental Dishonesty- Interpretation and Tactics
Occupiers Liability: Tomlinson to Taylor a review.
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