Falcon Chambers

Toby is a barrister specialising in all areas of property law, including all aspects of real property and both commercial and residential landlord and tenant law.

Toby is frequently instructed in the High Court, County Court, First - tier Tribunal and Upper Tribunal. Toby appeared for the Claimants in Burton & Anor v Bowdery & Ors concerning limitation of actions [2017] EWHC 208 (Ch) and the appellants in Parkes v Wilkes [2017] EWHC 1556 (Ch).

Toby recently appeared in the Court of Appeal as junior counsel for the respondent in the appeal in the Great Dunmow v Crest Nicholson (jurisdiction of expert pursuant to expert determination provision in development agreement and whether parties bound by surveyors' statement of agreed facts).

Toby appeared on behalf of the successful property developer in VEEE Ltd v Barnard [2018] UKUT 379 (LC) which applied to the Upper Tribunal under s.84 of the Law of Property Act 1925 to discharge/modify restrictive covenants which would have prevented its proposed development of an end terrace corner plot.

Toby is a contributing author of Falcon Chambers, The Electronic Communications Code and Property Law Practice and Procedure.

Toby also regularly writes articles on topics of interest relating to property law. Recent publications include: "A New Line of Attack?" A Masterclass in litigation under the new Electronic Communications Code. Article with Stephanie Tozer (first published in NLJ July 2018); “Lease or licence in the commercial context” L. & T. Review 2018, 22(4), 147-152; "Common intention" constructive trusts arising from informal agreements to dispose of land. Article with Francis Ng. Conv. 2017, 2, 146-157; "Sign of Protest" - article with Anthony Tanney, considering how landowners can prevent the creation of easements of parking over their property in light of Winterburn. Solicitors Journal September 2016; “Who let the dog bark? When is an absentee owner and “occupier” in nuisance? (2016) 20(3) L&TR 92; “Homeward Bound” (2016) 166 NLJ 12 (27 May 2016 edition); “Implied terms: from "characteristically inspired discussion" to authoritative guidance” (Case comment) L. & T. Review 2016, 20(1), 4-12 (with James Tipler).

From 2012-2014, Toby was a lecturer and tutor in Land and Trusts Law at St Catherine’s College, Oxford. Between 2012 and 2013 he was also a lecturer and tutor in Land Law at Trinity College, Oxford and St Hugh’s College, Oxford.

German, French (basic).

Property Bar Association and Chancery Bar Association.

BPTC, Kaplan Law School, London, 2013; BCL, Merton College, Oxford- Distinction, 2012; MA Jurisprudence (Law and German Law), Worcester College, Oxford and Regensburg University- 1st class (1st in year), 2011.

Badminton, table tennis, strategy card games, films