Rachel Toney

Rachel Toney Shipping & Trade 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 international trade, shipping and maritime work (“dry” shipping – all aspects including a wide variety of bills of lading/charterparty disputes, indemnity claims, Agency Agreement disputes, contamination and cargo claims; “wet” shipping/Admiralty claims, primarily collisions/breach of International Regulations including jurisdictional and procedural issues), contracts for the sale and carriage of goods together with insurance and re-insurance. Rachel is experienced in mediation as well as arbitration.

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 for both Shipping & Commodities and Employment law in Chambers & Partners and the Legal 500, where she has been described as ‘outstanding’. 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)

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

Rachel Toney is a favourite junior at the set, whose practice covers both dry and wet matters. 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)

Shipping Cases:

“E” - instructed on behalf of a (Respondent) Purchasing Company of multi-million Euro 162 metre “superyacht” in relation to a dispute with the Builder which arose during construction of the “superyacht”. The dispute and issues between the parties concern allegations regarding “changes and modifications”, late delivery of decisions, late supply, costs overruns and time delays. The superyacht is the largest of its kind ever to have been built. Rachel has most recently been heavily involved (as Junior Counsel) in preparations for the Preliminary Issues trial (proceeding in LMAA arbitration). This included a number of visits (as sole Counsel) to the foreign shipyard and Vessel whilst under construction (and to meet in conference with clients and foreign lawyers also advising in relation to the on-going dispute) and responsibility for preparation and presentation of the technical evidence. Further to the outcome of the Preliminary Issues Arbitration, Rachel is now heavily involved in advising, drafting and general preparations in relation to the Defence of (and Counterclaim in relation to) the “Main (multi-million Euro) Claim”.

E v B - Rachel is instructed on behalf of a purchaser of a multi-million Euro “superyacht” defending a substantial claim proceeding in (LMAA) arbitration 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 the Respondent’s obligation of confidentiality arising under that agreement. Counterclaim arises out of various alleged breaches by the Claimant of clauses of the Agreement, fiduciary and other duties. There are complex legal issues in relation to the alleged breaches of confidentiality and breaches of fiduciary duties relating to the alleged receipt of “secret commissions”.

MC - Rachel is instructed on behalf of the Claimant insurers of a passenger cruise vessel in on-going Admiralty litigation against Transport for London in relation to an allision between the vessel and Westminster Bridge which is said to have caused considerable damage to (and the near loss of) the vessel on the Thames. In summary, the Claimant alleges that TfL had failed in their duties to maintain and properly repair the bridge and to ensure that the pier buttresses (and the relatively narrow low water channel through the arch) were sufficiently marked to enable vessels to transit safely (the Defendant denies any breach). The Defendant (TfL) alleges negligence on the part of the Master (which is denied). Complex expert issues as to structural integrity, maintenance and repair of the various parts of the bridge structures involved and engineering complexities vis-à-vis causation of damage to vessel in light of chosen method of buttress protection.

G and others and TC plc - Rachel is instructed on behalf of the insurers of a Thames Clipper in relation to an intended Admiralty action regarding a collision with (and alleged destruction of) a cutter. Multi-party advice in relation to liability and personal injury quantum.

S v Secretary of State for Defence - as part of her Attorney-General Panel work, Rachel is instructed on behalf of the Secretary of State for Defence advising in relation to an intended Admiralty claim for damages intimated by the insurers of a proposed Claimant in relation to an alleged allision which took place in the Eastern Solent.

“GS” - Rachel is instructed on behalf of Claimant Owners in relation to an LMAA Arbitration Charterparty dispute concerning shipment of an alleged dangerous cargo of bulk iron ore. Case also involves consideration of issues and argument in relation to legal principles concerning very recent Court of Appeal authority on demurrage time-bars.

Grenco BV v J & E Hall Limited, Jackstone Froster Limited & Others - Rachel 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.

MV SEA CRESTA - Rachel acted as Junior Counsel on behalf of 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.

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

“Jack O Lantern” - Rachel was 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.

“Lady Kathryn”  - Rachel represented Claimant charterer at Arbitration alleging breaches of MYBA Charter Agreement and misrepresentations in relation to private charter of a luxury yacht.

“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.

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.

“The Great Peace”  [2001] 151 NLJ 1696, [2002] 3 W.L.R. 1617 - 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. Court of Appeal did away with the equitable doctrine of common mistake overruling Solle v Butcher.
Voaden v Champion and Ors

“The Baltic Surveyor” [2002] 1 Lloyd’s Rep. 623 - 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.

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)