Robert Toone

Education

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

Areas of Practice

He has an extensive advisory practice and regularly appears in High Court, County court and various statutory tribunals dealing with high value cases in the following areas of practice:

Property

All types of property related work including easements, rights of light, restrictive covenants, boundaries, adverse possession, trusts of land, constructive/resulting trusts, proprietary estoppel with a particular emphasis on property development projects as well as nuisance and trespass.

He also deals with disputes arising from the purchase and sale of land including options as well as contracts to build and sale of property.

All aspect of Landlord and Tenant, particularly business tenancies including disputes arising on renewal, assignment and termination including repairing covenants and dilapidation claims.

Employment

All aspect 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.

Business

Company law and shareholder disputes, commercial contracts, commercial agency, partnership, guarantees, agency, economic torts, commercial fraud, sale of goods and supply of services, professional negligence including accountancy, solicitors, surveyors, architects, building contracts, IT professionals and financial lending institutions;

Chancery

Trusts and breach of trust including fraud and undue influence, securities and disputes involving financial lending institutions, wills, probate and Inheritance Act Claims.

VAT and Customs

He has extensive experience of the VAT and Duties Tribunal.

Examples of Cases

Much of his work is advisory and cannot be disclosed in the interests of his clients.

Property

Laycock v Pluck
King v Doughty
Rights of way
Armitage Sykes

Cobble Fold Developments v Tinker
Breach of contract and trust concerning the transfer of Land, property development
Levi Solicitors

Cooplands v Greggs plc
Restrictive Covenant enforcement between businesses, loss of business damages claim; settlement confidential.
Atherton Godfrey

Smith v Evans
Right of way to commercial premises
Tierney & Co

McIlroy v Southwell and Nottingham Diocesan Board of Finance
Reference to HM Adjudicator
Adverse Possession
Atherton Godfrey

Redfearn v Owen
Reference to HM Adjudicator
Rights of way
Armitage Sykes

Haigh v McKay
Property related dispute
Atherton Godfrey

Rockley Old Hall v Glasby
Action for obstruction of easement, concerning development of Manor House
Irwin Mitchell

Dhillon v Dyson
Conveyancing transaction dispute
Armitage Sykes

Timson Retail v. Cattee
Business Tenancy dispute
Armitage Sykes

Employment

Crossland v Haslam Homes Ltd
Employment, disability discrimination
Atherton Godfrey

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

Sutcliffe v Coca-Cola Ltd
Employment claim concerning the age of retirement, settled in favour of Claimant.
Rice-Jones Solicitors

Chancery

Hussain v Alam and Bi
Undue influence, solicitors negligence, proprietary estoppel, constructive trusts
Schofield Sweeney

Hartley v Allen
Gift procured by undue influence
Atherton Godfrey

Badger v Clymo
Constructive Trusts
Schofield Sweeney

Carlac v Frost
Guarantees and TOLATA.
Atherton Godfrey

Re Baxter Deceased
Wills/Distribution of estates
Armitage Sykes

Bell v Rogers
Inheritance Act Claim
Atherton Godfrey

Parnall v Parnall
Inheritance Act Claim
Tierney & Co

Lawton v Holmes
Inheritance Act claim
Bailey Smailes

Business

Wood v Berg & Company
Breach of Trust claim involving solicitors
Atherton Godfrey

Dunham Holdings Ltd v Vickers Orriss
Surveyor’s Negligence
Armitage Sykes

Green v Sentley Wilson Bowen
Solicitors negligence
Atherton Godfrey

Thurloe v Richmond and Overton
Breach of Contract, instructed on appeal to High court
Irwin Mitchell

VAT

He has appeared in over 135 cases on behalf of HMRC throughout the country including recently
Nottinghamshire Wildlife Trust v. HMRC
Abel v. HMRC

Public Access

He 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.

What solicitors say about him...

• "Understands the needs of solicitors and delivers every time"
• "Great court presence – impressive advocate, judges and tribunals really listen to him and accept his submissions."
• "Good on his feet, very effective in cross examination"
• "Very methodical on evidence and the law and does impeccable research"
• "First class service"

Professional Membership

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