Toby Watkin KC > Chambers of David Holland KC and Reuben Taylor KC > London, England > Lawyer Profile

Chambers of David Holland KC and Reuben Taylor KC
Landmark Chambers
180 FLEET STREET
LONDON
EC4A 2HG
England

Position

Toby is an established and experienced practitioner dealing with all areas of property-related work. Called to the bar in 1996, Toby joined Landmark Chambers in 2010 after many years in Lincoln’s Inn. He has appeared in significant cases in the Supreme Court, Privy Council, Court of Appeal in relation to property related matters, and regularly appears in the High Court, the County Court and all the specialist property courts and tribunals in England & Wales.

Toby is instructed in all areas of property litigation, including Real Property Disputes, Conveyancing & Land Registration, Landlord & Tenant disputes, issues relating to Mortgages & Receivers, and Property-related Professional Negligence.  He has significant experience of cases involving the Electronic Communications Code (new and old).  He regularly lectures and writes on property-related matters.

Toby is frequently involved in very high-profile property litigation. In the last few months he has appeared in two major cases on the law of easements: Regency Villas v. Diamond Resorts (whether a general right to use recreational facilities within a resort was capable existing as an easement – judgment of the Supreme Court awaited) and Starham v. Greene King [218] EGLR 8 (whether a general right to ‘use’ land was capable of existing as an easement or restrictive covenant, or was a mere licence). In 2017 Toby acted for the successful landowner in a multi-million pound dispute with a national housebuilder relating to the remediation of land in the Northeast for housing development. In 2018 he acted for the successful landlord (London Borough of Southwark) in relation to high-profile litigation relating to the Dulwich Hamlet Football Club, which was widely reported in the national press.

He has significant experience in obtaining injunctions to protect land and buildings from trespass, either by protesters or by ‘urban explorers’.  He is very familiar with the intricate procedural and legal issues which arise in relation to claims brought against ‘persons unknown’.   In this field he has recently acted for Chelsea Football Club (Chelsea FC v. Brewer & Orts, 2017) the Bullring, Manchester Arndale, Brent Cross and 12 other major shopping centres (Intu v. Taylor & Otrs (LTL 27.4.18))  and a number of tall buildings under construction across the City of London (Multiplex Construction v. Law & Otrs).

He is valued for his hands-on, commercial approach to problems, for his clear advice, and for his great experience as a trial advocate.  Toby also has wide experience of Alternative Dispute Resolution, and is both an ADR Group accredited mediator and a qualified arbitrator (MCIArb: AHKIArb).

As well as his litigation practice Toby is often asked to advise in relation to points arising from transactional work, and drafted of tenancy agreements and other instruments for a large social landlord, as well as the disciplinary rules for two professional bodies.  Toby also assisted in the drafting of the Funding Code under the Access to Justice Act 1999.

For 10 years Toby served on the committee of the Property Bar Association (for 3 years each as its Treasurer and Secretary).  He is also a member of the Chancery Bar Association, the Chartered Institute of Arbitrators and the Hong Kong Institute of Arbitrators.

Memberships

Since 2004 he has been a committee member of the Property Bar Association, and was its treasurer from 2008 to 2010. He is a member of the Chancery Bar Association and was a founder member of the Social Housing Law Association. He is a member of the Chartered Institute of Arbitrators (MCIArb). In 2005 Toby was appointed as Secretary to the Investigation Committee of the Academy of Experts (its disciplinary investigation body). He is also a qualified ADR Group Accredited Mediator.

Education

Toby is a graduate in law of John’s College, Cambridge and was called to the bar by the Inner Temple. He was awarded scholarships by both.

Lawyer Rankings

London Bar > Property litigation

(2022 Silks)Ranked: Tier 1

Toby Watkin KCLandmark ChambersToby is reassuring in conference with lay clients, trustworthy, dependable and an extremely safe pair of hands.

Landmark Chambers had another outstanding year and solidified themselves as a leading set for property litigation; boasting a wealth of experience from the more general landlord-tenant and real property issues, to the more specialist insolvency-related litigation, right to mange cases and Covid-19 rent arrears matters. The senior ranks were strengthened by Toby Watkin KC and Galina Ward KC taking silk, the only new property litigation silks in 2022. Tom Weekes KC acted for the appellants before the  Supreme Court in the high-profile Fearn v Trustees of the Tate Gallery case concerning the Tate Modern’s viewing gallery. Toby Watkin KC has acted for the real estate company in Annington Property Ltd v Ministry of Defence, one of the largest and most complex series of rent review arbitrations ever conducted. The sets strength in depth was illustrated in Firstport Property Services v Settlers Court RTM; where juniors Simon Allison, Kimberley Ziya and Rupert Cohen successfully represented the appellant in a landmark Supreme Court decision, shifting the law surrounding the right to manage with significant consequences for the government’s legislative proposals to the existing scheme. Justin Bates has developed an impressive specialism in leasehold disputes and the addition of Andy Creer from Gatehouse Chambers adds further telecoms expertise.

Landmark Chambers had another outstanding year and solidified themselves as a leading set for property litigation; boasting a wealth of experience from the more general landlord-tenant and real property issues, to the more specialist insolvency-related litigation, right to mange cases and Covid-19 rent arrears matters. The senior ranks were strengthened by Toby Watkin KC and Galina Ward KC taking silk, the only new property litigation silks in 2022. Tom Weekes KC acted for the appellants before the  Supreme Court in the high-profile Fearn v Trustees of the Tate Gallery case concerning the Tate Modern’s viewing gallery. Toby Watkin KC has acted for the real estate company in Annington Property Ltd v Ministry of Defence, one of the largest and most complex series of rent review arbitrations ever conducted. The sets strength in depth was illustrated in Firstport Property Services v Settlers Court RTM; where juniors Simon Allison, Kimberley Ziya and Rupert Cohen successfully represented the appellant in a landmark Supreme Court decision, shifting the law surrounding the right to manage with significant consequences for the government’s legislative proposals to the existing scheme. Justin Bates has developed an impressive specialism in leasehold disputes and the addition of Andy Creer from Gatehouse Chambers adds further telecoms expertise.