Rachel Toney

Introduction

1993-1997 Christ Church, Oxford University BA (Hons 1st Class) Law with Legal Studies in Europe

1995-1996 Konstanz University, Germany, LLM German/Comparative law

1998 called to the Bar (Lincoln's Inn. Wolfson Scholar (1997-1998); Sir Thomas More Bursary, Hardwicke Scholar (1998-1999))

2004 appointed Junior Counsel to the Crown Panel C

2008 appointed Junior Counsel to the Crown Panel B

2010 appointed Member of the Attorney General's Panel of Special Advocates

 

Particular Areas of Expertise

Commercial:

Rachel's wide-ranging commercial practice (contentious and non-contentious) includes all aspects of international trade, shipping and maritime work, contracts for the sale and carriage of goods (by road, rail and sea including domestic and international commodity disputes) together with insurance and re-insurance. Rachel is experienced in mediation as well as arbitration. Rachel's wide-ranging arbitration and court experience includes in particular breaches of charter disputes (including luxury yacht misrepresentation claims), collisions (including Maritime and Coastguard Agency prosecutions), shipping agency/management/brokerage agreement disputes, complex ship building disputes, short-landing claims, Inter Club Agreement disputes, contamination claims and non-contractual cargo disputes. Rachel is instructed directly by various P&I Clubs to advise members.

Described by Chambers UK as "outstanding", Rachel is recommended in shipping & commodities in the 2006-2009 Editions of both the Legal 500 and Chambers UK.

Employment:

Having carved a thriving practice in employment law, Rachel is regularly instructed on behalf of a wide-ranging variety of Respondents such as Health Care Trusts, employment agencies, national charities (such as the National Children's Home), leading high street retailers, auditors, accountants and Lloyd's of London. She has also more recently acted on behalf of a number of Claimants in cases which have received wide publicity in the National press. In the employment aspect of her Treasury Counsel (Panel B) practice, Rachel represents various Government entities and agencies (including in particular the Ministry of Justice, Ministry of Defence, Secretary of State for Transport, Her Majesty's Prison Service, Border & Immigration Agency, the House of Commons, Commissioners for Her Majesty's Revenue & Customs, Secretary of State for Business Enterprise and Regulatory Reform). Her practice encompasses all aspects of unfair dismissal, discrimination, breaches of contract and PI.

Rachel is recommended in employment in the 2008-2009 Editions of the Legal 500.

In March 2004 Rachel was appointed by the Attorney General as Junior Counsel to the Crown Panel C. She was promoted to Panel B in March 2008.

 

Significant Cases

Commercial/Shipping

"Project x" - representing Respondent purchaser of "superyacht" defending a claim for alleged losses and damage suffered as a result of an alleged wrongful repudiation of a written brokerage agreement and as a result of alleged breaches of Respondent's obligation of confidentiality arising under that agreement. Counterclaim arising out of various alleged breaches by the Claimant of clauses of the Agreement, fiduciary and other duties.

"V" - instructed as Junior Counsel in relation to a complex shipbuilding dispute. Instructed to advise ship builder in relation to numerous disputes with the buyer relating to interpretation and application of contractual clauses and issues relating to alleged breaches of duties of confidentiality.

GEAG v A & P - instructed to advise and represent proposed Claimant in its intended claim against German manufacturer and UK supplier of alleged faulty fully welded plate heat exchanger installed in major UK refrigeration plant.

"E" - instructed on behalf of purchaser of multi-million Euro "superyacht" in relation to a dispute which arose during construction of the "superyacht". Dispute concerns allegations regarding "changes and modifications", late delivery of decisions, late supply, costs overruns and time delays.

Grenco B.V v J & E Hall Limited, Jackstone Froster Limited & Others - Junior Counsel - represented Defendant suppliers of vertical stack plate freezers for industrial use on land and on-board ocean-going vessels. Defending substantial claims for damages and loss of profits for breach of contract and/or negligence concerning amongst other things the design and supply of aluminium freezers. Numerous points arising for consideration and advice in relation to expert issues of plate susceptibility to corrosion, corrosion inhibitors, design and integrity of marine freezer systems, weld procedures and general causation and mitigation.

MV SEA CRESTA - Junior Counsel - represented shippers and charterers at arbitration defending claims brought by Owners for damages arising out of the carriage of a cargo of Direct Reduced Iron from Trinidad to Canada. Issues arising in relation to the carriage of alleged dangerous cargo, the use and/or suitability of Thermocouples for monitoring temperature changes and the seaworthiness of the vessel.

SM v Secretary of State for Transport - instructed by and advising Defendant in relation to a substantial s278 Highways Act contribution dispute which has arisen with Developer of major (road) construction scheme.

AMEC v The Secretary of State for Transport Instructed by the Treasury - Junior Counsel for the Secretary of State for Transport in multi-million pound heavy contractual dispute. SoS for Transport was defending complex allegations of disruption and delay by the contractor. Multi-million pound counterclaim concerning overpayments, revisions of various extensions of time and reimbursement of liquidated damages etc. Wide-ranging civil engineering and programming issues.

Glencore International AG (and others) v Metro Trading International Inc, (and others) - [2001] 1 Lloyd's Rep 284 (Phase 1); [2002] EWCS Civ 524 (multi-party complex litigation - conflict of laws, relevant rules of Fujairah and English law, title to blended/commingled oil and priorities, jurisdictional issues, anti-suit injunctive relief).

"The GREAT PEACE" [2001] 151 NLJ 1696, [2002] 3 W.L.R. 1617 (represented salvors (Junior Counsel) in Court of Appeal in relation to claimfor unpaid hire. Leading case on mistake).

Voaden v Champion and Ors "The Baltic Surveyor" [2002] 1 Lloyd's Rep. 623 (quantum dispute in relation to sinking of Appellant's vessel).

Employment

Rachel is regularly instructed to advise and represent various Government entities and agencies on a wide variety of employment cases (including unfair dismissal and all aspects of discrimination in particular). Cases generally involve the handling of highly sensitive, confidential material and data. Wide-ranging experience of allegations involving alleged assaults on prisoners and prison officers, breaches and compromises of security and procedure. Complex issues of remedy.

Wooster v London Borough of Tower Hamlets - representing and successfully appeared on behalf of Mr Wooster before ET and Employment Appeal Tribunal in relation to his seven figure claim for (i.a.) unfair dismissal and age discrimination. In September 2009, the Appeal Tribunal, led by the President of the EAT, refused to overturn Tribunal's decision on age discrimination in a case said (by the Appellant Council) to be of significant importance to local authorities across the country. Appearing against Leading and Junior Counsel on behalf of Tower Hamlets, Rachel successfully argued on behalf of Mr Wooster that whilst it would have been unlawful for the Council to have kept Mr Wooster in employment for the sole purpose of obtaining his enhanced pension rights, the Council had discriminated against him by effectively deliberately ignoring its own redundancy and redeployment policy because of Mr Wooster's impending entitlement to early retirement benefits. Mr Wooster is arguing for what is thought to be the largest compensation award in UK age discrimination case history. Rachel is instructed to represent and appear on behalf of Mr Wooster before the Court of Appeal.

Pine v (1) Cinven Ltd (2) MP - represented Claimant in relation to her six figure claim for (i.a.) unfair dismissal, disability discrimination ("ME"), harassment and victimisation. Case received wide publicity in National press.

Rowden v BSkyB - advised and represented Claimant former Head of Acquisitions at Sky in relation to her six figure claim for (i.a.) unfair dismissal and sex discrimination (dismissal for a reason relating to pregnancy). Case received wide publicity in National press.

Dr W v Ministry of Defence - instructed on behalf of Claimant consultant anaesthetist (who had worked for the MoD in a hospital abroad) in High Court action for damages in relation to alleged breaches of contract of employment. Subsequently appeared as Junior Counsel led by Steven Gee QC at mediation.

CO&D plc v H - advised and represented Applicant company in High Court Application for interim injunctions (and Orders for Delivery up etc) in support of covenants in employment contract (unauthorised taking of confidential business information; restraint of trade and non-solicitation clauses).

W v Secretary of State for Trade and Industry - successfully represented Secretary of State for Business Enterprise and Regulatory Reform. Costs issues arising from a claim brought by Claimants that they were owed certain payments by either their employer or (given that the employer was placed into administration) the Secretary of State as guarantor of statutory payments from the National Insurance Fund. Interpretation of relevant insolvency proceeding for the purposes of Regulation 8(2)-(6) or 8(7) of the Transfer of Undertaking Regulations 2006.

N v Ministry of Justice - advised and successfully represented Respondent at complex remedy hearing. Case involved complex issues of apportionment of loss (physical and purely pecuniary) arising from separate breaches (race discrimination found to have taken place within Official Solicitor and Public Trustee's Office) and/or the state of the Claimant's health (pre-existing and otherwise). Advising the Official Solicitor.

A v HMPS - instructed on behalf of the Defendant in a matter proceeding in the Courts relating to alleged overpayment of salary and restitution of the same. Case raises issues of importance and interest (both in terms of law and policy) relating to alleged contractual variation, estoppel and change of position.

K v O - successfully represented Respondent company defending joined claims for unfair dismissal based upon "whistle-blowing" allegations. Advice in relation to applicability of TUPE Regulations (old and new).

Various cases on behalf of the National Children's Home (NCH) in particular defending complex allegations of discrimination (all aspects)

Rachel regularly advises clients in relation to employment policies, procedures and contracts, recovery of sums in relation to shares and share options and alleged personal injury arising from acts of discrimination.

 

Education

1993-1997     Christ Church, Oxford University BA (Hons 1^st Class)

                       Law with Legal Studies in Europe

                       Exhibitioner 1994-1997

 

1995-1996     Konstanz University, Germany, LLM (finalised December 1999)

                      German/Comparative law

 

1989-1993     Lutterworth Grammar School

                      GCSE, A-Levels and S-Levels (distinction)

 

Memberships and Languages

Member of COMBAR; British German Jurists Association; London Shipping Law Centre; British Maritime Law Association

Languages: fluent German, working knowledge of French