Toby has an expanding clinical negligence practice, predominantly but not exclusively representing Claimants in relation to claims arising out of all areas of medical and dental negligence.

Recent instructions include:

SL v Calderdale & Huddersfield NHS Foundation Trust – Representing the Claimant in relation to a claim arising out of the Defendant’s negligent management of her diabetes, which resulted in the Claimant requiring the surgical application of skin grafts to her leg.

BQ v Dr. B, Dr. G and Gateshead Health NHS Foundation Trust – Representing an elderly Claimant who alleged that an accurate diagnosis of cervical cord compression had been negligently delayed by the Defendants.

CR v Cwn Taf University Local Health Board – Representing the Claimant following a negligent failure to diagnose a scaphoid fracture sustained whilst playing rugby, resulting in the need for surgical intervention.

AP v North Tees & Hartlepool NHS Foundation Trust – Representing an elderly Claimant in relation to a claim arising out of the alleged mismanagement of an infection in his foot, resulting in his leg being amputated below the knee.

SW v Lincolnshire Community Health Services – Representing the Claimant following the allegedly negligent decision to discharge his wife from hospital at a time when she was suffering from suspected cardiac chest pain, following which she tragically died.

Toby has a nationwide personal injury and clinical negligence practice, which often leads to him being instructed to represent interested parties at inquests, in order to provide early strategic advice and assess the merits of any potential claims.

Having practised in criminal law during his first few years at the Bar, Toby is an experienced jury advocate.

In 2018, Toby was appointed Junior Counsel to the Crown, which has resulted in him being instructed to represent interested parties at inquests touching the deaths of individuals owed a duty of care by the state.

Recent instructions have included:

• Representing the organisers of the Tour de Yorkshire Sportive, at an inquest touching the death of a participant;
• Representing a HGV driver, at an inquest touching the death of a motorist killed in a road traffic collision on the A1 in North Yorkshire;
• Representing the MOJ, at an inquest touching the death of a serving prisoner;
• Representing the driver of a motor vehicle, at an inquest touching the deaths of two road users killed on the M65 near Blackburn;
• Representing the family of a lady discharged from hospital whilst complaining of chest pain, who tragically died within hours of being sent home.

Toby has a nationwide personal injury practice. He represents both Claimants and Defendants in relation to claims arising out of accidents at work, in public places and on the road. His list of clients includes a number of major insurers, NHS Trusts, local authorities and the government, having been appointed Junior Counsel to the Crown in 2018.

The majority of his work is allocated to the multi-track and involves complex arguments in relation to breach of duty, causation and quantum. He regularly appears in high value claims and has acted in a number of claims pleaded in excess of £1 million.

Toby is often instructed soon after an accident has occurred in order to advise pre-issue and/or represent the interested party at any inquest. He drafts pleadings and regularly attends interlocutory hearings, conferences with experts, trials and joint settlement meetings.

Recent instructions include:

JH v Harrogate & District NHS Foundation Trust (County Court at Leeds) – Successfully representing the Defendant NHS Trust in relation to an appeal following a finding at trial that the Claimant, who was employed by the Defendant, had sustained personal injury and loss whilst at work as a result of the Defendant’s negligence. The appeal was allowed and the claim dismissed.

DM v NY (QBD, Newcastle District Registry) – Representing a Claimant, who sustained multiple significant injuries having been knocked off his bicycle by a motor vehicle driven by the Defendant.

CF v Doncaster & Bassetlaw Hospitals NHS Trust (County Court at Sheffield) – Representing the Defendant in relation to a claim arising out of an accident at work, as a result of which the Claimant alleges that she went on to develop Chronic Regional Pain Syndrome.

Inquest touching the death of DW (South Yorkshire Coroner’s Court - HM Senior Coroner C.O. Dorries OBE) – Representing the organisers of the Tour de Yorkshire Sportive at the inquest touching the death of a participant who was killed when the bicycle he was riding came into contact with a coach which was exiting a junction.

AJ v Yorkshire Ambulance Service NHS Trust (County Court at Leeds) – Successfully representing the Defendant NHS Trust in relation to an appeal following a finding at trial that the Claimant, who was a Paramedic, had sustained personal injury and loss whilst at work as a result of the Defendant’s negligence. The appeal was allowed and the claim dismissed.

BM (by her litigation friend JM) v Orchard Care Homes (QBD, Leeds District Registry) – Representing the Defendant care home in relation to a claim arising out of an elderly lady falling from a first floor window and sustaining serious injury.

JM v WN Contractors (County Court at Manchester) – Representing the Defendant in relation to a claim arising out of an accident on a building site, resulting in the Claimant sustaining a significant knee injury when he tripped whilst carrying a manhole cover.

L v ME Ltd (County Court at Leeds) – Representing the Defendant in relation to a claim arising out of an accident at work, in circumstances where the Claimant fell from height whilst installing an air conditioning unit, sustaining a brain injury.

NX (a child) v SS & EW (QBD, Birmingham District Registry) – Representing the Defendant in relation to a claim involving a pedestrian being struck by a car, allegedly giving rise to a significant brain injury.

M v D & Aviva Insurance (County Court at Bradford) – Representing the Defendant in relation to a claim by a taxi driver who suffered a traumatic brain injury in a road traffic collision.