mail LinkedIn PDF Print Group

Overview

Toby specialises principally in personal injury-related claims, including disease, clinical negligence, counter fraud and defending Health and Safety prosecutions.

He is known to be very approachable and prides himself on providing a reliable service to his clients.

He was formerly an officer in the Royal Navy.  He is married to a GP and has two children.

Interests away from the Bar include travel, skiing, running, SCUBA diving, sailing, raising money for good causes, tennis and squash.

Disease

Toby has extensive experience across the range of industrial disease claims.

He was Junior Counsel to Pretty Polly Limited in the Nottinghamshire and Derbyshire textile workers test case deafness litigation, which tested important principles in noise induced hearing loss claims and set out guidance upon issues of liability and causation in cases involving noise levels below 90 dB(A), both in the High Court, the Court of Appeal and the Supreme Court.

He has acted for the rail industry in deafness and HAVS claims.

He has a vast experience of asbestos claims, as well other respiratory claims and has a particular interest in complex cases involving issues of causation.

He has represented defendants in HAVS litigation as well as claims arising from exposure to oil mists involving dermatitis and respiratory complaints such as extrinsic allergic alveolitis (EAA) and occupational asthma.

He has experience of claims involving work–related upper limb disorders, including CTS.

He has appeared in numerous limitation hearings involving arguments about date of knowledge and Section 33 discretion in claims in involving deafness, HAVS and asbestos.

Clinical Negligence

He is the Head of Ropewalk Chambers’ Clinical Negligence Team.

He has considerable experience in this field, having acted for both Claimants and Defendants in claims involving trust and private hospitals, consultants, nurses and general practitioners.

He was involved in a high profile claim involving allegations of negligence in treating Downs’ Syndrome babies suffering from AVSD.

Recent claims include claims against hospitals and doctors arising out of misdiagnosis or negligent care and treatment, involving complex issues of breach and causation.

Personal Injury

Toby has a wide range of experience in the personal injury field, acting both for Claimants and Defendants.

Recent claims include:

  • Serious head injuries
  • Highway tripping cases
  • Road traffic accidents
  • Occupiers’ liability claims
  • Factory accidents
  • Violence against employees from members of the public
  • Claims by pupils against LEA’s
  • Construction site accidents
  • Claims involving vicarious liability

In addition, he has particular specialist knowledge of limitation in personal injury cases.

He has also been instructed to advise and represent defendant companies involving fatalities both in the Coroner’s Court and further to health and safety prosecutions.

Counter Fraud

Toby has been involved for many years representing insurers defending claims involving allegations of fraud and cases of exaggeration.

He has particular experience in cases involving the use of video surveillance evidence.

He regularly advises on tactics and procedure relating to the defence of such claims.

Criminal Regulatory

Toby has experience of numerous Health and Safety Prosecutions, mainly arising out of alleged breaches by companies of the Health and Safety at Work etc. Act 1974 and the health and safety regulations.

He has been involved in breaches concerning:

  • Asbestos removal
  • Construction sites
  • Falls from height
  • Fatalities
  • Work equipment
  • Protective equipment

He has undertaken work involving advice to employers on guilty/not guilty pleas, together with drafting Friskies schedules and presenting arguments in mitigation.

Costs

Toby has appeared on hearings in relation to costs budgeting and on the detailed assessment of costs in personal injury claims.

He has recent experience of:

  • Costs of test case litigation
  • Validity of CFA’s
  • Recoverability of staged insurance premiums
  • Indemnity for costs relating to a failed counter-claim

Notable Cases

Toby has appeared in a range of notable cases including:

Baker v Quantum Clothing Group Limited & Others [2011] UKSC 17, junior counsel to Pretty Polly Limited

Baker v Quantum Clothing Group & Meridian Limited & Pretty Polly Limited [2009] EWCA Civ 499, Counsel to Pretty Polly Limited

Parkes v Meridian Limited [2007] EWHC B1 (QB) (Nottinghamshire and Derbyshire Deafness Litigation, junior Counsel to Pretty Polly Limited)

Piper v JRI (Manufacturing) Limited (2006) 92 BLMR 141 (defective hip prosthesis; product liability)

Kristian Adey v Leeds HA & NHS Litigation Authority LTL 16.1.01 (clinical negligence; AVSD in downs syndrome patients)

Widdowson –v- Newgate Meat Company [1998] PIQR 138 (res ipsa loquitur in road traffic cases)

Recommendations

Recent recommendations for Toby include:

“He is a sharp, incisive, and user-friendly advocate. He's great with clients and has a brilliant bedside manner.’

Chambers and Partners 2015 – Personal Injury

“Toby Stewart is particularly expert in industrial injury and disease.”

“Very approachable, reliable.”

Legal 500 - Personal Injury and Clinical Negligence

"He is just outstanding, and is excellent with clients too. His ability to cut through the detail in complex matters and really get down to the minutiae of the claim is what I like about him." "His robust advice is unwavering and he is very approachable."

Chambers and Partners 2016 - Personal Injury

Areas of Work

  • Disease
  • Clinical Negligence
  • Personal Injury
  • Counter Fraud
  • Criminal Regulatory
  • Costs

Professional Memberships

  • Personal Injuries Bar Association
  • Professional Negligence Bar Association

Recent Publications

Recent News

  • Chambers UK Bar 2017

    Toby Stewart has been ranked in the Chambers UK Bar 2017 for Personal Injury (Band 2).

    He is a well-regarded barrister with a wealth of experience in disease claims. Solicitors draw attention to his excellent interpersonal skills.

    Strengths:

    "Toby is very thorough, has a tremendous bedside manner with clients and is very approachable."

    "Toby is excellent with clients: he has a nice, reassuring manner and a clear and calm approach."

    Recent work:

    Successfully represented the defendant in the case of Gibbs -v- Western Landscapes Limited, a disease case. 

  • Legal 500 UK Bar 2016 Leading Junior

    Toby has been listed as a Tier 1 Leading Junior in the Legal 500 UK 2016 guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Personal Injury and Clinical Negligence.

    "He has an excellent presence in court and with clients."

    Please click here for more information.

  • Chambers UK Bar 2016

    Toby has been ranked in the Chambers UK Bar Guide 2016 for personal injury.

    He is renowned for his work on industrial disease and employers' liability claims. His recent caseload includes fatal accidents, hand-arm vibration syndrome (HAVS) and asbestos claims. He is praised for his exceptional preparation. 

    "He is just outstanding, and is excellent with clients too. His ability to cut through the detail in complex matters and really get down to the minutiae of the claim is what I like about him."

    "His robust advice is unwavering and he is very approachable." 

    Recently, Toby successfully defended Lesney Products against a complex HAVS claim. 

Sign Up to our Publications