Robert Toone

Robert Toone

ROBERT TOONE

Year of call: 1993

Call clerks: 0113 297 1200

Email clerks: clerks@kbwchambers.com

  • Practice Summary

    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.

  • Called to the Bar 1993/Inner Temple

    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