Toby is a partner in our Dispute Resolution Department and a member of the Regulatory Investigations Group. He was seconded to The Royal Bank of Scotland in 2012 for 6 months as Acting Head of Litigation, Regulatory and Investigations.
Toby has acted for a number of clients in general commercial disputes and in numerous arbitrations and mediations. His practice covers a broad range of contentious work, including FCA investigations.
Recent and current matters include acting for:
- Hewlett-Packard group companies in relation to fraud claims arising out of the $11 billion acquisition of Autonomy Corporation plc in 2011. Proceedings were issued in the Chancery Division in March 2015. A 29 week trial is listed to commence in January 2019;
- Rosneft in relation to long-running proceedings in the Commercial Court brought by Yukos Capital, who were attempting to enforce various Russian arbitral awards that were subsequently annulled by the Russian Courts;
- Mueller Industries in relation to various competition (follow-on damages) claims brought in the Chancery Division by Travis Perkins group companies;
- the Republic of Argentina in relation to jurisdictional challenges in the Commercial Court based on state immunity arising out of the attempted enforcement in England of New York judgments obtained by various vulture funds. The "flagship" case of NML v The Republic of Argentina was heard by the Supreme Court in 2011; and
- a Libor submitter at one of the banks being investigated by the FCA and a bond trader in relation to market abuse proceedings brought by the FCA (heard by the Regulatory Decisions Committee, where Toby did the advocacy).
Toby is recommended in The Legal 500 UK, 2016 for banking litigation, commercial litigation and competition litigation and described as a "diligent" lawyer who has "an in-depth understanding of issues". Chambers & Partners UK, 2015 describe Toby as being "a strong but charming operator" and "the sort of formidable opponent you wouldn't want on the other side as he's deeply immersed in financial products".
Toby has spoken at conferences on FCA enforcement and has contributed to and authored various FCA enforcement-related articles that have appeared in various publications, including Compliance Monitor and the Compliance Officer Bulletin. He is a member of the Commercial Litigators Forum.