Mr Toby Randle > Fenwick Elliott LLP > London, England > Lawyer Profile

Fenwick Elliott LLP
ALDWYCH HOUSE
71-91 ALDWYCH
LONDON
WC2B 4HN
England

Work Department

Construction and energy

Position

A partner at Fenwick Elliott, Toby has over 25 years’ experience in construction, energy and civil engineering disputes. He qualified as a barrister in 1994.

His expertise is wide ranging and he is recognised as a leader in the field of international arbitration where he has significant experience of leading large teams of lawyers and experts in very substantial and complex arbitral proceedings.

He has represented UK and international clients in many jurisdictions including Saudi Arabia, Kuwait, Qatar, UAE, China, Turkey, Brazil, and USA in addition to various European countries. Where the applicable law of the Arbitration or the Contract has not been UK law, Toby has had great success in co-counselling with other law firms in separate jurisdictions.

Toby also has extensive experience of domestic TCC litigation, adjudication and mediation where he specialises in construction disputes of all shapes and sizes. Recently he has developed a particular focus on cladding issues and the implications of the Grenfell tragedy.

His approach is very commercial: focusing upon the elements of a legal problem which have the most significant financial or other commercial importance to his client. He focuses upon finding innovative and cost-effective solutions to the resolution of disputes by the early identification and focus upon the central issues and determining the most effective way to resolve them. Sometimes that involves a conciliatory and collaborative approach to avoid escalating the problem further. On other occasions a more aggressive approach is necessary. His experience encompasses all forms of dispute resolution including adjudication, arbitration, dispute boards, litigation and mediation. Some of the more innovative processes he has been involved with recently include binding expert determination and early neutral evaluation. Issues Toby commonly deals with include critical path delay analysis, disruption, prolongation and preliminaries thickening claims, compensation events, head office overheads, repudiation, termination, professional negligence, jurisdiction and enforcement.

Toby carries out regular tender appraisals and reviews and negotiates amendments to all the principle standard form contracts, appointments, warranties and bonds. Toby has experience of all principal contracts including JCT, ICE, NEC/ECC, I ChemE, I MechE, GC/Works and FIDIC and a variety of bespoke forms of domestic and international contracts. He has developed a particular expertise in the NEC forms. Toby also advises on dispute resolution procedures for major non-contentious projects, and prepares specific amendments for the various standard forms to suit individual clients’ requirements.

Career

Partner Fenwick Elliott 2006, associate 2004; senior solicitor Simmons and Simmons; Addleshaw Booth and Co; qualified as a solicitor 1998; called to the Bar 1994. Toby has specialised solely in construction and engineering issues throughout his career.

Toby contributed to the Standard Industry Precedents for Butterworths, and is a regular contributor to various construction publications. He also undertakes in-house training for clients on a variety of construction topics.

Languages

English

Memberships

  • Lincoln’s Inn-Called to the Bar 1994;
  • member of the Society of Construction Law;
  • member of the Adjudication Society;
  • member of the Chartered Institute of Arbitrators.

Education

The King’s School, Chester; University of Utrecht, University College, London (1992 BA (Hons) Geography).

Leisure

Scuba diving, golf, country sports.