Toby is a Partner and Head of Dispute Resolution at Allan Janes. Having originally trained and practised in London, then Oxford, he has built up considerable experience in all kinds of disputes. Toby is a Solicitor Advocate and regularly appears in Court to represent his clients. In September 2021 Toby was appointed as a Deputy District Judge on the South Eastern Circuit.
Although Toby advises on most civil and commercial disputes, he has developed a specialism in the area of trusts of land, restrictive covenants over land, and claims of proprietary estoppel. He has written on this subject for one of the leading farming publications, FarmingUK which can be found here. Toby has also been published in the New Law Journal on the subject of legal costs when one party discontinues. For a copy of the article please click here
Toby is a member of the Property Litigation Association, the Solicitors’ Association of Higher Court Advocates, and the Association of Contentious Trusts and Probate Specialists.
Toby is passionate about mediation as an alternative to litigation, and regularly writes and speaks on the subject. He is one of ADR Group’s Panel Mediators and thoroughly enjoys the process, no matter how entrenched the parties find themselves at the outset. He firmly believes that listening is a lost art and can often be the key to understanding people and conflict generally. A favourite quote of Toby’s is of Winston Churchill: “Courage is what it takes to stand up and speak. Courage is also what it takes to sit down and listen.”
In the wealth of free-time that being a father of three young children affords, Toby enjoys reading, cooking and most sports.
Toby’s notable outcomes include the following:
Inheritance cases and contested Wills
-
Acting for 16 of 29 disappointed beneficiary parties in a £multi-million High Court probate dispute over mutual wills
-
Negotiating a settlement following a challenge to a Will on the grounds of the testator lacking capacity.
-
challenging a Will on the basis of capacity, where testator had suffered bereavement of his son and principal carer weeks before making a Will.
-
Negotiated favourable settlement on behalf of the clients.
-
Acting for an adult beneficiary to challenge a legacy under the Will of his late mother under the Inheritance Act 1975. A settlement was negotiated for the client to enable the purchase of a house (over £200,000).
-
Acting for an adult beneficiary for whom no provision had been made in a Will of her late father. Settlement reached for over £200,000 after issuing claim.
-
Applying to Court for the removal of an executor on grounds of mishandling estate (section 50 Administration of Justice Act). Claim was opposed and we were successful at the final hearing, and an independent executor was appointed to administer the estate. The defendant was deprived of the usual indemnity costs enjoyed by executors and consequently beneficiary client was able to recover costs.
-
Issuing a claim to remove an executor and shortly after proceedings issued, we negotiating agreed order for executors to stand down in place of an independent Court-appointed executor.
Covenants over land
-
Advising and assisting client in negotiating with landowner for the release of covenants to permit a development (circa £100,000 compensation agreed).
-
Acting for a property owner in application to Upper Tribunal Lands Chamber on the basis covenants obsolete, and do not secure practical benefits or substantial advantages for neighbour.
-
Acting for landowner in claim for breach of covenants in respect of residential property and obstructions to an access road.
-
Advising developer clients in relation to enforceability of covenants on £10million site
Commercial disputes
-
Acting in a breach of contract claim for a production company involving intellectual property rights.
-
Acting in relation to a joint venture/partnership with no written agreement (claiming shares, profits and an interest in the business to be declared).
-
Responding to substantial claim for unfair prejudice under section 994 Companies Act 2006.
-
Acting for a claimant in a High Court claim for misrepresentation arising from the purchase of companies and negotiating a favourable settlement.
-
Defending a £1million breach of warranty (manufacturer) case and negotiating a £100,000 settlement.
Property ownership disputes
-
Acting for successful claimants in High Court 5 day trial in a case involving proprietary estoppel. The defendant was ordered to sell the property to claimants for a price paid in 2008 notwithstanding the property had increased in market value to £600,000.
-
Acting for a successful claimant who sought declaration of ownership in property. The client was married according to sharia law but not legally according to English law. He had contributed to the purchase price and paid for substantial developments. Following a 3 day trial he was awarded a one 3rd interest in the property together with his legal costs.
-
Acting for a claimant who sold his former matrimonial home in the 90s to move in with his elderly and ill mother to look after her on the basis she would provide a "roof over his head". Negotiated a settlement whereby he received 1/3rd of net sale proceeds having not been registered on the property title.
-
Secured a negotiated outcome for a client's who had agreed with a co-owner that he would be responsible for the mortgage, despite them both being named in the mortgage deeds. Client secured almost all of the net sale proceeds as a result.
-
Successfully enforced a contractual arrangement between an unmarried couple for a payment of £100,000, after the client had been advised by two previous solicitors it was unenforceable.
Commercial property disputes
-
Acting for a landlord pursuing a claim for rent against the tenant and guarantor. After a successful trial in the County Court, a new claim was bought for (new) rent against the tenant and guarantor who proceeded to defend on the same basis as the earlier claim. An application was made to strike out the claim or receive summary judgement on the
-
Acting for a management company in a High Court claim for rectification of the Companies Register and an injunction, concluding with judgment for the clients with an order of indemnity costs in their favour.
-
Securing a favourable settlement for a developer in a negligence claim against architects.
-
Achieving summary judgment over breach of statutory duty in a commercial landlord & tenant case, enabling tenant to assign a lease of his restaurant to a major hospitality brand.
-
Successfully defending a developer client in a property damage claim culminating in a 7-day trial, and achieving indemnity costs due to a well-placed and early settlement offer.
Defamation
-
Responding to protocol letter claiming defamation. As a result of response letter, no further action taken.
-
Acting for a business client in a defamation claim against a major UK bank. Matter resolved at an early stage, with bank paying client compensation, full legal costs, and with an apology and retraction of the defamatory statements