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
Toby specialises in high value serious injury claims, including polytrauma, spinal, brain and catastrophic injury in RTA, EL and PL.
Practicing from the outset in a major common law circuit set he gained broad experience in criminal and regulatory jurisdictions (particularly with reference to large goods and public service vehicles), landlord and tenant, building and contractual disputes, which he has supplemented with a post-graduate qualification in health and safety law, as well as recently undertaking specialist training and practice in the Court of Protection. This breadth of experience has led to a reputation of thinking outside the box and he is often instructed in what are perceived to be problematic, cross-over or difficult to pigeon-hole cases.
He acts regularly for both Claimant and Defence on cases involving complex arguments of causation, fraud and fundamental dishonesty. He also undertakes direct access work and has acted for clients on this basis before the CICA, at Inquests and on advisory work.
Away from work Toby’s interests include walking, sailing, rugby and cooking. He is a longstanding Cub Scout leader and believes it is important for all young people to have the opportunity to experience the challenges of outdoor adventures, through which they gain in confidence and learn about 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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