0113 297 1200

clerks@kbwchambers.com

Robert Toone

Year of call: 1993

Robert is a highly regarded and sought after barrister who has an extensive practice in commercial, chancery and property law together with related professional negligence cases. He regularly appears in the High Court, County Court and various statutory tribunals dealing with high value cases as well as representing clients in mediations and other forms of ADR.

Robert is consulted regularly by clients at an early stage as to the legal position and best tactics to employ in relation to potential disputes. In all cases, Robert adopts a commercial approach which is focused upon rigorous analysis of the issues and identification of the client’s goals in order to bring about the best result in each particular case. His involvement often results in well negotiated settlements that avoid court intervention.

Robert acts for businesses, public bodies and individuals and is routinely praised both for his ability to deal efficiently with difficult and complex cases and to relate particularly well to clients. He is tenacious, determined and a forceful advocate.

Direct Access

Robert is authorised by the Bar Council to accept instructions in accordance with the Public Access Rules which enable members of the public or organisations, in many circumstances, to instruct a barrister directly.

What Others Say

  • He seizes the issues and presents them clearly and effectively.
  • An ability to take on heavy duty, document intensive and complex instructions.
  • The perfect advocate. We don’t think we could have been better represented.
  • A very good legal tactician and advocate.
  • Very helpful tactically
  • One of the best advocates I have used.
  • Highly knowledgeable.
  • Never surprised by opponents in hearings.
  • I am yet to come across another barrister who will consider a matter as in-depth as Robert.
  • He has intelligence, expertise and recognises when to concede a point and when to pursue it doggedly.
  • Highly prepared regardless of the type of hearing.
  • An ability to advise on all issues both obvious and obscure.
  • Professional, knowledgeable and likeable.
  • Clear, charming and effective.
  • Clients really appreciated him.
  • Very good with clients. Clients always ask for him.

Areas of Expertise

Commercial
Robert has an extensive and wide ranging high value commercial practice encompassing disputes and issues arising from commercial contracts, commercial agency, partnership, guarantees, agency, economic torts, commercial fraud, sale of goods and supply of services, company law and shareholder disputes professional negligence including accountancy, solicitors, surveyors, architects, building contracts, IT professionals and financial lending institutions; banking and financial services (including disputes before the Financial Ombudsman) and civil fraud.

Robert advises in contractual disputes arising in employment matters, for example, relating to restrictive covenants and obligations of confidentiality.

Robert also has extensive experience of VAT work having appeared in over 140 VAT cases on behalf of HMRC and taxpayers.

Property
Robert is a highly regarded and experienced property barrister who undertakes all types of property related work including easements, rights of light, restrictive covenants, boundaries, adverse possession, trusts of land, constructive/resulting trusts, proprietary estoppel including ransom strips with a particular emphasis on property development projects as well as nuisance and trespass.

He also has significant experience of advising in disputes arising from the purchase and sale of land including options as well as contracts to build and sale of property and is consulted prior to the purchase of substantial investment property deals as to the rights and obligations affecting the property in question.

Robert has particular expertise in landlord and tenant matters, especially high value business tenancies for example disputes arising on renewal, assignment and termination (including the successful exercise of break clauses) repairing covenants and dilapidation claims.

Chancery
A significant part of Robert’s practice also involves trusts and breach of trust including fraud and undue influence, securities and disputes involving financial lending institutions, wills, probate and Inheritance Act Claims and intellectual property rights.

Notable Cases

Much of the work that Robert undertakes is confidential in nature and therefore the details of it cannot be disclosed.

Commercial

Instructed by West Yorkshire Police to advise on various commercial matters e.g. sale of goods and services(Value c. £1m)

London Wiper Co Ltd v Constant Security Services Ltd
Advising and representing claimant on insurance claims arising from destruction of commercial premises (Value  c. £1.5m)

Curzon & Company LLP v Affinity Water and others (Value £2.5m plus)
6 party action for damages arising from breach of restrictive covenants

Archway Engineering Ltd v Co-operative Bank plc
Advising and acting on behalf of claimant for a claim in conversion of cheques.

O’Ceallaigh v Northamptonshire County Council and Northamptonshire Police
Representing the Council defending a claim for breach of contract and negligent misstatement.

Thurloe v Richmond and Overton
Instructed on appeal to High Court in a breach of contract case.

Mackay v NJ Fabrics
Advising in a commercial agents claim.

MSD v Johnson and Thomson
Advising and representing client in an action to recover monies under guarantee.

MWA v Mehotra
Advising and representing client in an action to recover fees and defend professional negligence claim.

Professional Negligence

Firth v Walker Wake Smith & Tofield
Advising claimant in a property purchase related solicitor’s negligence claim

Alexander v Romans Surveyors
Advising a claimant in a property purchase related surveyor’s negligence claim

Undersettlement of Miners Compensation Claims
Instructed in multiple claims against solicitors representing miners in compensation schemes.

Dunham Holdings Ltd v Vickers Orriss
Advising a claimant in a surveyor’s negligence.

Green v Sentley Wilson Bowen
Advising a claimant in a solicitors negligence claim.

Marlow v Prosperitas Financial Solutions Ltd
Advising and striking out a claim by an IFA claiming to have professional indemnity cover for professional negligence.

Various IFAs v FSA
Advised group of IFA in respect of remedies available for breach of duty.

MWA v Disken & Co
Advised client in respect of recovery of damages arising from solicitor’s negligence.

Northern Event Structures Ltd v Claire Murphy Ltd
Advised client in respect of recovery of damages arising from solicitor’s negligence.

Property

Instructed by West Yorkshire Police to advise on various high value property matters (Value c. £1m)

Representing a defendant in the high profile Cyprus Property class action litigation in the Royal Courts of Justice.

Orr v Northamptonshire County Council
Representing the Council in respect of a flooding claim.

Daleside Reclamations v Sampson
Advising and acting for client responding to an unsuccessful action for a renewal of business tenancy.

Robinson v Dewsbury Gospel Church
Advising and acting for client wishing to protect rights of way and parking before First Tier Tribunal (Property Chamber).

NES Ltd v Blackthorn Recycling Ltd
Advising client in respect of a right of way dispute and nuisance claim.

Jubb v Krasniqi
Advising and representing client in a successful defence of a nuisance claim.

Yong v Begum
Advising and acting for client responding to adverse possession claim before the First Tier Tribunal (Property Chamber).

Lake v Tyson
Advising and representing client in a claim for constructive trust in respect of a property development.

Lockwood v Phelan
Advising and acting for client responding to adverse possession claim.

Chancery

Beckett v Hill
Advising and representing client in relation to a dispute involving undue influence and testamentary capacity.

Rathmell v Ditta
Advising and representing client in a successful action to recover from the proceeds of sale of land held in trust.

Hartley v Allen
Advising and representing client in a successful action to recover money given as a result of undue influence.

Wood v Berg & Company
Advising and acting on behalf of a defendant in a breach of trust claim involving solicitors.

VAT
Appeared in over 140 cases instructed by HMRC

Football Mundial Ltd v HMRC (value £1.5m plus)
Representing tax payer in VAT appeals for repayment of VAT and de-registration.

Practice Summary

All aspects of employment law including wrongful and unfair dismissal, redundancy, DDA, discrimination in all forms including discrimination on the grounds of sex, race, sexual orientation and age, TUPE, Human Rights, restrictive covenants, trade secrets.

Swain v Bezier Ltd
Employment clam arising out of breach health and safety procedures
Jordans Solicitors

McIlroy v Cooplands Ltd
Very high value employment claim of managing director both in the Employment Tribunal and High Court.
Downton Commercial Solicitors

Maldzinski v Record (UK) Ltd
High value employment claim for manager and former owner of business acquired by employer, both in the Employment Tribunal and the High Court. Indemnity costs order obtained in favour of client on a preliminary issue.
Armitage Sykes LLP

Crossland v Haslam Homes Ltd
Acted on behalf of employer in a high value employment claim of director for unfair dismissal and disability discrimination involving psychiatric issues which was successfully concluded in the employer’s favour.
Atherton Godfrey

Evans v Haslam Homes Ltd
Successful dismissal of a sexual orientation claim on procedural grounds before the Employment Appeal Tribunal.
Atherton Godfrey

Sutcliffe v Coca-Cola Ltd
Acted for claimant in an employment claim concerning the age of retirement, settled in his favour.
Rice-Jones Solicitors

Public Access
Robert is authorised by the Bar Council to accept instructions in accordance with the Public Access Rules which enable members of the public, in many circumstances, to instruct a barrister direct.

Education

  • Girton College Cambridge University (MA Cantab)
  • Middlesex University
  • Inns of Court School of Law

Professional Membership

  • North Eastern Circuit
  • Chancery Bar Association
  • Northern Chancery Bar Association
  • Professional Negligence Bar Association

Swipe to view all

Have a request? To book a barrister or to discuss your case with one of our experienced clerks please call 0113 2971200 or...