Toby has over 30 years’ experience in construction, energy and civil engineering disputes. He qualified as a barrister in London in 1994.
His expertise is wide ranging and he is described by Chambers and Partners UK as “first rate for both domestic work and international arbitration”. Toby is pecialize as a leader in the field of international arbitration where he has significant experience of leading large teams of lawyers and experts in very substantial and complex arbitral proceedings.
He has represented UK and international clients in many jurisdictions including Saudi Arabia, Kuwait, Qatar, the UAE, China, Singapore, Mexico, Turkey, Brazil and the USA in addition to various European countries. Where the applicable law of the arbitration or the contract has not been UK law, Toby has had great success in co-counselling with other law firms in separate jurisdictions.
Toby also has extensive experience of domestic TCC litigation, adjudication and mediation where he pecializes in construction disputes of all shapes and sizes.
He is also recognized as a leader in the field of Building Safety Act claims and has a substantial practice relating to cladding issues and the implications of the Grenfell Inquiry.
Specialist expertise
Examples of Toby’s expertise include:
- 1 billion SAR claim for a leading Saudi Arabian contractor relating to one of the largest road infrastructure projects in Saudi Arabia;
- US$400 million ICC arbitration for a joint venture consortium of contractors relating to the Riyadh Metro;
- Represented Kingspan in the £90 million TCC case of Shepherd Construction v Kingspan & Ors which was the first Building Safety Act case to come before the TCC in London;
- US$200 million LCIA arbitration: acting for a Kuwaiti contractor in a substantial and complex dispute relating to oil and gas infrastructure in Toby co-counselled with an American law firm.
- £600 million tram extension: one of the UK’s largest infrastructure projects. Toby acted in connection with multiple and substantial disputes between the contractor, client and JV partners. Arbitration proceedings took place in London in 2018;
- £125 million ICC arbitration: acting for a state-owned corporation in relation to oil pipeline in Toby co-counselled with local lawyers;
- Grenfell tragedy: Toby represents a leading insulation manufacturer in connection with the implications of Grenfell and the impact of changes to building regulations relating to cladding of buildings over 18m in height;
- £50 million series of adjudications relating to a waste-to-energy plant in the UK;
- £180 million redevelopment of landmark London hotel. Toby led a team dealing with final account negotiations and various subcontract disputes, TCC litigation and arbitrations;
- various professional negligence against quantity surveyors, architects and engineers. Value of disputes up to £30 million;
- acting for contractor in final account adjudications and arbitrations relating to high-class residential refurbishment in West Value of dispute £4 million; and
- acting for contractor in connection with the defence of a TCC claim for multiple defects in high-profile London office development. Value of claim £5 million.
Other activities
Toby contributed to the Standard Industry Precedents for Butterworths, and is a regular contributor to various construction publications. He also undertakes in-house training for clients on a variety of construction topics. He is well known on the international speaking circuit with regular conference appearances as a speaker and panellist.
Toby's memberships/positions include:
- Lincoln’s Inn-Called to the Bar 1994;
- member of the Society of Construction Law;
- member of the Adjudication Society;
- member of the Chartered Institute of Arbitrators.
