Landmark Chambers

Toby is an established and experienced practitioner dealing with all areas of property-related work.

Toby has appeared in significant cases in the Supreme Court, Privy Council, Court of Appeal in relation to property related matters, and regularly appears in the High Court, the County Court and all the specialist property courts and tribunals in England and Wales. Toby is also co-Chair of the Property Group at Landmark Chambers.

Toby is instructed in all areas of property litigation, including Real Property Disputes, Conveyancing and Land Registration, Landlord and Tenant disputes, issues relating to Mortgages & Receivers, and Property-related Professional Negligence. He has significant experience of cases involving the Electronic Communications Code (new and old). He regularly lectures and writes on property-related matters.

Toby is frequently involved in very high-profile property litigation. In the last few months he has appeared in two major cases on the law of easements: Regency Villas v Diamond Resorts (whether a general right to use recreational facilities within a resort was capable existing as an easement – judgment of the Supreme Court awaited) and Starham v Greene King [2018] EGLR 8 (whether a general right to ‘use’ land was capable of existing as an easement or restrictive covenant, or was a mere licence). In 2017 Toby acted for the successful landowner in a multi-million pound dispute with a national housebuilder relating to the remediation of land in the Northeast for housing development. In 2018 he acted for the successful landlord (London Borough of Southwark) in relation to high-profile litigation relating to the Dulwich Hamlet Football Club, which was widely reported in the national press.

He has significant experience in obtaining injunctions to protect land and buildings from trespass, either by protesters or by ‘urban explorers’. He is very familiar with the intricate procedural and legal issues which arise in relation to claims brought against ‘persons unknown’. In this field he has recently acted for Chelsea Football Club (Chelsea FC v Brewer & Orts, 2017) the Bullring, Manchester Arndale, Brent Cross and 12 other major shopping centres (Intu v Taylor & Otrs (LTL 27.4.18)) and a number of tall buildings under construction across the City of London (Multiplex Construction v. Law & Otrs).

He is valued for his hands-on, commercial approach to problems, for his clear advice, and for his great experience as a trial advocate. Toby also has wide experience of Alternative Dispute Resolution, and is both an ADR Group accredited mediator and a qualified arbitrator (MCIArb: AHKIArb).

As well as his litigation practice, Toby is often asked to advise in relation to points arising from transactional work, and drafted of tenancy agreements and other instruments for a large social landlord, as well as the disciplinary rules for two professional bodies. Toby also assisted in the drafting of the Funding Code under the Access to Justice Act 1999.

In 2005, Toby was appointed as Secretary to the Investigation Committee of the Academy of Experts (its disciplinary investigation body). He is also a qualified ADR Group Accredited Mediator.

Toby joined Landmark Chambers in 2010 after many years in Lincoln’s Inn.

Toby’s wider interests include classical music (listening and performing), sailing and cycling.

• Toby is a graduate in law of John’s College, Cambridge.

• He was called to the bar by the Inner Temple.

• He was awarded scholarships by both.

Memberships

• Chancery Bar Association

• Chancery Bar Association

• Chartered Institute of Arbitrators (MCIArb)

• Hong Kong Institute of Arbitrators

• Property Bar Association (Committee Member since 2004; Treasurer from 2008-2010)

• Social Housing Law Association (founding member)