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Name Rachel Toney was called to the Bar of England and Wales in 1998. Before commencing her career at the Bar, she read Law with Legal Studies in Europe at Oxford University and spent a year in Konstanz reading German Law before completing her LLM (in German) in comparative law. Rachel’s wide-ranging commercial practice includes all aspects of international trade, shipping and maritime work, contracts for the sale and carriage of goods together with insurance and re-insurance. Rachel is experienced in mediation as well as arbitration. Having also carved a practice in employment law, Rachel has been instructed on behalf of various Health Care Trusts, employment agencies, Home Office agencies (such as Her Majesty’s Prison Service), national charities (such as the National Children’s Home), leading high street retailers and Lloyd's of London. Her practice encompasses all aspects of unfair dismissal, discrimination, breaches of contract and PI. In March 2004 Rachel was appointed as Junior Counsel to the Crown –Panel C In March 2008 Rachel was appointed as Junior Counsel to the Crown - Panel B Described by Chambers UK as “outstanding”, Rachel is recommended in shipping & commodities in the 2006-2007 Editions of both the Legal 500 and Chambers UK PRACTICE AREAS General Commercial
Shipping and International Trade
Insurance and Reinsurance
Employment
EXAMPLES OF SIGNIFICANT / RECENT CASES Commercial/Shipping/International Trade Glencore International AG (and others) v Metro Trading International Inc, (and others) - multi- party complex litigation (conflict of laws, relevant rules of Fujairah and English law, title to blended/commingled oil and priorities, jurisdictional issues). Numerous interlocutory applications in relation to subsidiary claims including freezing injunction relief, second junior Counsel and junior Counsel in relation to Phase 1 and Phase 2 of the litigation [2001] 1 Lloyd's Rep 284 (Phase 1); most recently appeared as junior Counsel in Court of Appeal appealing first instance decision granting anti-suit injunction relief against shipowners [2002] EWCS Civ 524 "The GREAT PEACE" - instructed as junior Counsel on behalf of salvors in the Court of Appeal in relation to claim for unpaid hire. Arguably, now the leading case on mistake [2001] 151 NLJ 1696, [2002] 3 W.L.R. 1617. Court of Appeal did away with the equitable doctrine of common mistake overruling Solle v Butcher Voaden v Champion and Ors "The Baltic Surveyor" - instructed as junior Counsel to advise and appear on behalf of Respondents in Court of Appeal. Quantum dispute in relation to sinking of Appellants' vessel [2002] 1 Lloyd's Rep. 623 Grenco B.V v J & E Hall Limited, Jackstone Froster Limited & Others (2005- 2007) Junior Counsel - representing 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 (2005 - 2007) - Junior Counsel – representing shippers and charterers 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. AMEC v The Secretary of State for Transport (2004 – 2006) Instructed by the Treasury - Junior Counsel for the Secretary of State for Transport in multi-million pound heavy contractual dispute in relation to the construction of the new A249. 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. Heavily involved in drafting and presenting engineer witness evidence. Glassfibre Flagpoles Ltd – (2006) – instructed to attend mediation on behalf of Respondent company in relation to shipping dispute concerning agreement as to port customs/import fees and duties in India Ellison v TUI UK Ltd t/a Thomson Cruises (2006) – one of several cases in which Rachel has advised Thomson Cruises (and others) defending claims for personal injury allegedly sustained on Cruise ships/ferries “ELPIDA” (2006) – instructed on behalf of Claimant owners in relation to a collision, Greece “JACK O LANTERN”(2005) – instructed on behalf of Claimant racing yacht Owner in relation to claim for damages arising out of alleged demasting during the course of the Round Britain and Ireland race “KAMILLA”- (2005) – represented shipowners at arbitration to determine issues arising in relation to the interpretation and applicability of the Inter Club Agreement 1984. Novel points considered in relation to causation and categorisation of cargo claim (short delivery / loss due to unseaworthiness) in respect of which Owners sought an indemnity under the ICA “KESTREL”- (2005) – successfully represented Defendant fishing vessel owner in relation to a collision within Holyhead Harbour. Advised specifically in relation to the applicability of sections 190(3), (5) and (6) Merchant Shipping Act (time-bar and extensions) in circumstances where the collision was allegedly caused by prevailing weather conditions and/or swell “The HEATHER MAID” – (2004-2005) instructed to advise and appear at a week’s Admiralty Court trial on behalf of the insurer of a fishing vessel owner claiming against the owners of a cable laying vessel in relation to a collision off Northern Ireland H v HMM – (2004) advice in relation to breaches of shipping Agency Agreement, jurisdiction and alleged breaches of the Commercial Agents Directive Regulations “LADY KATHRYN” – (2004) arbitration - represented Claimant charterer alleging breaches of MYBA Charter Agreement and misrepresentations in relation to private charter of a ‘luxury’ yacht “G” – (2004) advising foreign vessel Owner in relation to maritime criminal prosecutions and extradition procedure (the Extradition Act 2003 and European Arrest Warrants) “MV PANOREA” – (2004) represented shipowners in a trial relating to breach of charter party and the alleged tender of non-contractual cargo “MV GALLANT” – appeared on behalf of shipowners in German arbitration (Hamburg), in relation to charterparty dispute referred to arbitration subject to the Rules of the German Maritime Arbitrator’s Association “MV MACLER” – appeared on behalf of shipowners in arbitration regarding short-landing of oil in China "The KODIMA" - aground Cornwall February 2002; instructed to advise in relation to priorities of liens Bim Kemi v Blackburn Chemicals - instructed as junior Counsel in 4 week trial - claims and cross claims for breaches of knowhow licence and distribution agreements. Presentation of complex evidence in relation to chemical specifications/compositions. "The JTS"- represented fishing vessel owners in relation to personal injury claim by crew member. Case involving issues arising from Court of Appeal judgment in "the Margaretha Maria". Instructed to attend mediation 2002. Oyster Marine Limited v Structural Polymer Technologies Limited & Structural Polymer Systems Limited "The ESSEX GIRL" - junior Counsel on behalf of claimant owners in relation to a claim involving alleged delamination and structural failing of a racing yacht; advised on numerous issues (substantive and procedural) in particular those concerning design, materials and build of the yacht. Instructed to attend mediation. "The SHANGHAI" - junior Counsel in unsafe port arbitration in which Owners successfully argued that a Pearl River terminal was unsafe for their tanker which grounded Maritime and Coastguard Agency - instructed by MCA in relation to breaches of maritime regulations including International Regulations for Preventing Collisions at Sea 1972 (as amended) Instructed in relation to various collision claims, carriage of goods cases (including numerous CMR disputes), contamination claims, demurrage claims and charter party disputes (regularly instructed directly by P&I Clubs to advise members), and matters of insurance/re-insurance and shipmanagement contracts. Employment K v O – 2007 – 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). O v “x” Borough Council - 2006 – represented Claimant Director working in social services environment. Instructed to appear at 5 week merits hearing bringing complex allegations of sex, race and disability discrimination and Equal Pay Act claims. P v E – 2006 – advising proposed Respondent drug company in connection with alleged unfair dismissal/sex and racial discrimination claims and potential significant ‘counterclaims’ in relation to various wrongdoings allegedly committed by proposed Claimant. Issues relating to worker/employee status and application of the Employment Act 2002 (Dispute Resolution) Regulations 2004 / section 98A(1) and (2) of the ERA 1996 (as inserted by EA 2002). Instructed to advise and represent Her Majesty’s Prison Service – 2005/2007: various cases. Advising particularly in relation to applicability and interpretation of and compliance with statutory disciplinary and grievance procedures. Particular issues of jurisdiction arising in relation to applicability of specific procedures of Home Office agency. Siviter v National Children’s Home (NCH) – 2006 – defending unlawful deduction of wages claim, DDA/ ‘stress’ claims Francis v NCH - 2005 – defending complex allegations of racial discrimination, sex discrimination, disability discrimination, sexual orientation discrimination and unfair dismissal. Instructed to represent NCH at 5 week tribunal hearing Freeman v NCH – defending disability discrimination claim brought against NCH in relation to an unsuccessful application for employment Jervis v Hertfordshire Partnership NHS Trust – represented Respondent Trust in lengthy case defending allegations of race and sex discrimination, personal injury and unfair dismissal. Numerous issues of complexity relating to both liability and quantum. Adekunle v Monsoon Accessorize Ltd - appeared on several occasions on behalf of Respondent retailer - on this occasion in relation to race discrimination, unlawful deduction of wages, breach of contract and unfair dismissal claim. Hall v Lloyd's of London - instructed on behalf of Lloyd's of London - defence of a claim for unfair dismissal concerning alleged breaches of health and safety regulations and alleged breaches of the Management of Health and Safety at Work Regulations SI 1996/153 (as amended) Probation Area/Board and National Probation Directorate – represented Applicant Manager in relation to unfair dismissal, discrimination and PIDA claims involving allegations of bullying and harassment Rachel is instructed to advise in relation to various employment policies, procedures, recovery of sums in relation to shares and share options, personal injury and legislation including Working Time Regulations 1998 (as amended), Data Protection Act 1998, Electronic Communications Act 2000, Regulation of Investigatory Powers Act 2000. Rachel is regularly advising in relation to the Employment Equality (Sexual Orientation) Regulations 2003, The Disability Discrimination Act 1995 (Amendment) Regulations 2003 and the Employment Act 2002/ Employment Act 2002 (Dispute Resolution) Regulations 2004 . APPOINTMENTS Junior Counsel to the Crown – Panel C March 2004 PUBLICATIONS “Arrests and Admiralty procedure” – article published in Shipping & Transport Lawyer Vol 4 No. 2 January 2004 AWARDS AND SCHOLARSHIPS Hardwicke Scholar (1998-1999) EDUCATION 1993 - 1997 Christ Church, Oxford University, BA (1st Class) 1995 - 1996 Konstanz University, Germany, LLM (finalised December 1999) 1989 - 1993 Lutterworth Grammar School LANGUAGES German (fluent) French (good working knowledge) |
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