Rachel Toney

Rachel Toney Commercial Profile

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 general commercial practice (contentious and non-contentious) including conflict or laws/jurisdictional issues,  international and domestic disputes, international trade, shipping and maritime work, contracts for the sale and carriage of goods, insurance and re-insurance. Rachel is experienced in mediation as well as arbitration. Rachel has a substantial employment practice, see separate employment profile.

In March 2004 Rachel was appointed as Junior Counsel to the Crown – Panel C. She was promoted to Panel B in March 2008. In 2010 Rachel was appointed as a member of the Attorney General’s Panel of Special Advocates.

Rachel is recommended as a leading barrister where she has been described as ‘exceptional’. They note:

The "tenacious" Rachel Toney "has the complete package - pragmatism, intelligence and client skills," sources say. Her practice covers a wide range of commercial disputes including international trade, shipping, sale and carriage of goods and insurance matters. (Chambers & Partners 2012)

Rachel Toney of Stone Chambers is praised for "her ability to whip very messy cases into fantastic shape." She is "very pragmatic and certainly has an excellent technical grasp of the law." (Chambers & Partners 2012)

Rachel Toney ‘gives confidence about the depth of legal analysis and advice provided, yet brings a commercial perspective’ to the table. (Legal 500 2011)

... "a barrister with phenomenal attention to detail" (Chambers & Partners 2011)

She impresses with her “ability to communicate legal detail at an understandable level,” and with her “good technical mind which allows her to assimilate complex information coming at her from different perspectives.” (Chambers & Partners 2011)

Rachel Toney ‘is very bright, and delivers no-nonsense advice’. (Legal 500 2009)

Commercial Cases:

Grenco BV v J & E Hall Limited, Jackstone Froster Limited & Others - acted as Junior Counsel on behalf of 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.

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

A v H  - Junior Counsel in relation to potential claims against land management company regarding (i.a.) conduct at Planning Inquiry; concerned tenders for planning permissions for development sites for motorway service stations; possible breaches of joint venture agreement.

AMEC v The Secretary of State for Transport (Instructed by the Treasury) - Rachel acted as 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. Heavily involved in drafting and presenting engineer witness evidence.

SM v Secretary of State for Transport - instructed by and advising Defendant in relation to a substantial s278 Highways Act contribution dispute which arose with Developer of major (road) construction scheme.
 “V”  - instructed as Junior Counsel in relation to a complex shipbuilding dispute. Advising ship builder in relation to numerous contractual disputes with the buyer relating to interpretation and application of contractual clauses and issues relating to alleged breaches of duties of confidentiality.

“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.

“Project Y”  - instructed on behalf of Purchaser of multi-million Euro “superyacht” to advise and appear at LMAA Arbitration in relation to disputes which arose with the Builder during on-going construction of the “superyacht”. Disputes concern allegations regarding “changes and modifications”, late delivery of decisions, late supply, costs overruns and time delays.

H v HMM - advice in relation to breaches of shipping Agency Agreement, jurisdiction and alleged breaches of the Commercial Agents Directive Regulations.

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.

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); appeared as junior Counsel in Court of Appeal appealing first instance decision granting anti-suit injunction relief against shipowners [2002] EWCS Civ 524.

Employment:

Rachel also has a full employment practice, please see Rachel Toney employment profile.

> Click to view Rachel Toney Shipping & Trade Profile

Appointments:

Junior Counsel to the Crown – Panel C 2004

Junior Counsel to the Crown – Panel B 2008

Member of the Attorney General’s Panel of Special Advocates - 2010

Awards and Scholarships:

Hardwicke Scholar (1998-1999)

Sir Thomas More Bursary (1998-1999)

Wolfson Scholar (1997-1998)

Exhibitioner at Christ Church (1994-1997)

Education:

Languages:    

German (fluent) & French (good working knowledge)