Toby Stewart
- Year called:
- 1989
- Email:
- tobystewart@ropewalk.co.uk
- Qualifications:
- LLB, University of Sheffield
- Practice areas:
- Personal Injury, Clinical Negligence, Disease, Fraudulent Claims, Regulatory, Costs
Toby Stewart was called to the Bar in 1989.
He is a specialist in personal injury, clinical negligence, disease, regulatory work, costs and fraudulent claims.
Personal Injury
He has a wide range of experience in the personal injury field, acting both for claimants and defendants.
Recent claims include highway tripping cases, road traffic accidents, occupiers’ liability claims, factory accidents, violence against employees from members of the public, claims by pupils against LEAs, construction site accidents, package holiday claims and claims for psychiatric injury by secondary victims.
In addition, he has particular specialist knowledge of limitation in personal injury cases, disease claims and clinical negligence.
He has also been involved in advising and representing defendant companies involving fatalities both in the coroner’s court and further to health and safety prosecutions.
He has represented a number of claimants suffering serious head injuries, both in court and under the CICA schemes.
Clinical Negligence
He is the Head of Ropewalk Chambers’ Clinical Negligence Special Interest Group.
He has considerable experience in this field, having acted in claims involving trust and private hospitals, consultants, nurses and general practitioners.
He was involved in a high profile claim involving allegations of negligence in treating Downs’ Syndrome babies suffering from AVSD.
Recent claims include claims against hospitals and doctors arising out of misdiagnosis or negligent care and treatment, involving complex issues of breach and causation.
Disease
He has extensive experience of industrial disease claims. He acts for claimants and defendants.
He was Junior Counsel to Pretty Polly Limited in the Nottinghamshire and Derbyshire textile workers test case deafness litigation, which tested important principles in noise induced hearing loss claims and set out guidance upon issues of liability and causation in cases involving noise levels below 90 dB(A), both in the High Court, the Court of Appeal and the Supreme Court.
He has acted for the rail industry in deafness and HAVS claims.
He has a vast experience of asbestos claims, as well other respiratory claims and has a particular interest in complex cases involving issues of causation.
He has recently represented defendants in HAVS litigation as well as claims arising from exposure to oil mists involving dermatitis and respiratory complaints such as extrinsic allergic alveolitis (EAA) and occupational asthma.
He has experience of claims involving work–related upper limb disorders.
He has appeared in numerous limitation hearings involving arguments about date of knowledge and Section 33 discretion in claims in involving deafness, HAVS and asbestos.
Fraudulent Claims
He has been involved for many years representing insurers defending claims involving allegations of fraud and cases of exaggeration, including the use of video surveillance evidence.
He regularly advises on tactics and procedure relating to the defence of such claims.
Regulatory
He has experience in Health and Safety Prosecutions, mainly arising out of breaches by companies of the Health and Safety at Work etc. Act 1974 and the health and safety regulations.
He has been involved in breaches concerning asbestos removal, construction sites, falls from height at work resulting in fatalities and numerous other accidents involving alleged breaches of regulations governing the workplace, work equipment and protective equipment.
He has undertaken work involving advice to employers on guilty/not guilty pleas, together with drafting Friskies schedules and presenting arguments in mitigation.
Costs
He has appeared for claimants and defendants on the detailed assessment of costs in personal injury claims.
He has recent experience of arguments relating to costs of test case litigation, as well as validity of CFAs, recoverability of staged insurance premiums and indemnity for costs relating to a failed counter-claim.
General
He was formerly an officer in the Royal Navy. He is married to a GP and has two children.
Interests away from the Bar include travel, skiing, raising money for good causes, tennis and squash.
Professional Membership
Personal Injuries Bar Association.
Professional Negligence Bar Association.
Testimonials
"Toby Stewart is particularly expert in industrial injury and disease."
"Very approachable, reliable."
Reported cases
Baker v Quantum Clothing Group Limited & Others [2011] UKSC 17, junior counsel to Pretty Polly Limited.
Baker v Quantum Clothing Group & Meridian Limited & Pretty Polly Limited [2009] EWCA Civ 499, Counsel to Pretty Polly Limited.
Parkes v Meridian Limited [2007] EWHC B1 (QB) (Nottinghamshire and Derbyshire Deafness Litigation, junior Counsel to Pretty Polly Limited).
Piper v JRI (Manufacturing) Limited (2006) 92 BLMR 141 (defective hip prosthesis; product liability).
Kristian Adey v Leeds HA & NHS Litigation Authority LTL 16.1.01 (clinical negligence – AVSD in downs syndrome patients).
Widdowson –v- Newgate Meat Company [1998] PIQR 138 (res ipsa loquitur in road traffic cases).
