Work

Toby is a specialist in environment and human rights law, practising across domestic public law, private international law, and public international law. Between 2018 and 2022 he took time out of practice as Deputy Director, International Law, for the New Zealand Ministry of Foreign Affairs and Trade

In public international law, Toby is currently acting in two sets of ICJ proceedings: Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation); and Obligations of States in respect of Climate Change. He provides public international law advice across a range of matters including to Pew Trusts in its engagement on the emerging regulatory framework for deep sea mining.

In his public law practice, Toby acted for the successful claimant in Friends of the Earth in Friends of the Earth v SSLUHC [2024] EWHC 2349 (Admin) which resulted in the quashing of planning permission for a new deep coal mine in the UK. He is acting for Chris Packham in his challenge to the (then) Prime Minister’s abandonment of key policies in the Carbon Budget Delivery Plan. And he is acting in a number of ongoing challenges to immigration detention, including an Article 3 systems challenge. He is a member of the Attorney-General’s B Panel of counsel.

In private international law, Toby recently acted for the claimants in (now settled) proceedings in the High Court against Barrick TZ Ltd arising out of deaths and injuries caused by Tanzanian police in and around the North Mara gold mine. He is acting in a number of other ongoing cases relating to human rights and environmental harm at mines and agribusiness interests in Africa.

Toby was called to the Bar in 2008. Between 2013 – 2014 he was based in South Africa, acting for the South African Human Rights Commission in the Marikana Commission of Inquiry. Between 2018 and 2022 he was based in New Zealand as Deputy Director, International Law, for the New Zealand Ministry of Foreign Affairs and Trade.

Toby was a contributing author to the UN Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016). He is author of the chapter on freedom of expression in Human Rights Practice (Simor, ed), the chapter on judicial review procedure in Judicial Review (Supperstone, Goudie and Walker), and the chapters on climate change law and renewable energy law in Garner’s Environmental Law.

BA Hons (First Class), Cambridge University; LLM (Distinction), London School of Economics.