Toby Watkin KC

Call: 1996

Silk: 2022

Toby is an established and experienced practitioner dealing with all areas of property-related work.

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Property

Toby has appeared in many major cases in the Supreme Court, Privy Council and Court of Appeal in relation to property related matters, and regularly appears in complex and significant cases the High Court, the Upper Tribunal (Lands Chamber) and all the specialist property courts and tribunals. Recent appearances in the higher courts have included the first case ever to reach the Supreme Court in relation to easements (Regency Villas v Diamond Resorts), a landmark Supreme Court decision relating to the law of town and village greens (TW Logistics v. Essex County Council), and the Court of Appeal’s definitive statement of the principles relating to the correction of ‘obvious’ drafting mistakes within property instruments (Monsolar v. Woden Park).

His practice covers the full scope of property litigation, with particular emphasis on litigation and advice relating to:

development, including rights of light and restrictive covenants and other potential impediments to development;
commercial landlord and tenant, including rent review and terminal dilapidations;
the Electronic Communications Code;
injunctions to protect buildings and infrastructure in the context of public protest and ‘urban exploring’;
the law of mortgages and receivers.

Having taken silk in 2022, Toby was shortlisted for Real Estate Silk of the Year in the Chambers and Partners Awards 2025. Client recommendations within the most recent editions of the legal directories include:

“a dominant figure at the property bar” – Chambers and Partners (2026)

“a real heavyweight KC” – Chambers and Partners (2026)

“has the unbelievably skilled ability as an advocate to make the most complex subjects seem very straightforward” – Chambers and Partners (2026)

“undoubtedly a star. His ability to get to the crux of the issues is unparalleled” – Chambers and Partners (2026)

“uber-bright and very user-friendly” - Legal 500 (2026)

He is joint head of the Property Group at Landmark Chambers.

Development-related work

Toby is highly regarded for his strategic advice in relation to potential impediments to development arising from third party rights, particularly rights of light, easements and restrictive covenants, and issues in relation to overage and sale agreements relating to development sites. Toby regularly lectures on rights of light, restrictive covenants and other development-focussed issues. In 2025 he obtained a rare ‘negative’ declaration from the High Court that a future redevelopment of a multi-storey car park in Manchester would not infringe the leasehold easements of those entitled to park within it (GMS (Parking) Ltd v. Mather).

Commercial Landlord & Tenant

Toby’s practice encompasses all aspects of commercial landlord & tenant, including issues relating to the Landlord and Tenant Act 1954. He has particular experience in rent review and terminal dilapidations issues arising in the context of leases of major infrastructure and of complex properties. He is the only barrister to have appeared on behalf of the landlord at all stages of what is believed to be the most complex rent review case in English legal history (Annington v. Ministry of Defence) and has provided advice and representation in relation to issues arising in connection with railway stations, oil terminals, ports, airports and many landmark UK buildings.

Electronic Communications Code

Toby has an extensive and busy practice relating to the Electronic Communications Code. He has practiced in this area for more than 20 years (including under the predecessor of the current Code) and is widely regarded as one of the leading silks in this field. He has appeared in many of the most important cases over the last few years, including: Cornerstone v. Keast, Vodafone v. Icon Tower Infrastructure (known as Steppes Hill), EE/Hutchison 3G v. AP Wireless (known as Vache Farm) and AP Wireless II (UK) Limited v. On Tower UK Limited (known as Ewefields Farm).

Protest Injunctions & Urban Exploring

Toby has particular and significant experience in obtaining injunctions to protect land and buildings from trespass, either by protesters or by ‘urban explorers’. He is expert in the intricate procedural and legal issues which arise in relation to claims brought against ‘persons unknown’. In this field he has acted for the owners of oil-related installations and many major energy companies (including in Shell UK v. Persons Uknown and Valero Energy v Persons Unknown), the O2 Arena (in Ansco Arena Ltd v. Law), Chelsea Football Club (in Chelsea FC v Brewer) the owners of the Bullring, Manchester Arndale, Brent Cross and 12 other major shopping centres (in Intu v Taylor) and the owners or developers of many of the tall buildings under construction across the City of London (in Multiplex Construction v. Law and many other cases).

Mortgages and Receivers

Toby has extensive experience of issues relating to mortgages, charges (including charging orders) and Law of Property Act receivership. He represented the successful claimant in the landmark Court of Appeal decision of Medforth v. Blake, overturning the established law in relation to the duties of a receiver and manager.

Alternative Dispute Resolution

Toby is regularly instructed in relation to different forms of alternative dispute resolution. As well as frequently representing clients in arbitration, expert determination and mediation, he is himself a qualified mediator and arbitrator, a Member of the Chartered Institute of Arbitrators (MCIArb) and an Associate of the Hong Kong Institute of Arbitrators (AHKIArb), and is regularly appointed as an arbitrator, expert or legal assessor.

Commercial Landlord and Tenant

Although majority of Toby’s practice now relates to commercial property, he has wide experience in all areas of all landlord and tenant (including private residential and social housing). Toby is regularly instructed in relation to:

Dilapidations claims: Toby is currently involved in a number of high value dilapidations claims. He recently acted for the successful landlord in a dispute relating to the replacement of a heating system within a prestigious West End residential development.
Forfeiture: Toby regularly advises landlords and tenants in relation to the forfeiture of leases. He recently appeared for the successful landlord in litigation surrounding the forfeiture of a lease within the County Hall development on London’s South Bank, and has written a forthcoming article in relation to the ability of parties to agree relief from forfeiture.
1954 Act lease renewals: Toby has recently advised the central bank of a European country in relation to the lease renewal of its UK headquarters and a major west-end landowner in relation to the opposition of a lease renewal of a west end store.
Insolvency and disclaimer of leases: Toby regularly advises clients in relation to the effects of tenant insolvency. He has recently advised a major bank in relation to the disclaimer of the lease of a major industrial site in the west midlands, and as to resulting issues affecting subtenants and guarantors.
Service Charges: Toby has considerable experience of residential service charge disputes. Although he has previously acted for tenants, most of his work is now for major landlords. In the last few months he has acted for two different major landlords in relation to high value service charge disputes litigated within the Leasehold Valuation Tribunal.
Rent review: Toby regularly advises in relation to issues surrounding rent review, and is currently involved in a very high value rent review dispute in relation to London commercial premises.

Although most of Toby’s work is now commercial, he has considerable experience in residential landlord and tenant, including in the field of social housing, and still regularly appears for landlords in the LVT in service charge disputes. In Lambeth v O’Kane [2006] HLR 2 Toby appeared for the successful landlord in the Court of Appeal in a dispute about the informal creation of leases.

Conveyancing Disputes

Toby regularly advises in relation to disputes arising from agreements for the purchase of land, and land registration. In HWE Timm Ltd v Timm Toby appeared for the successful claimant in a claim relating to the circumstances in which a pending action land charge should be discharged to permit the sale of land to fund the litigation.

In the last few months:

He appeared for the successful right-owner in a claim before the Adjudicator to Her Majesty’s Land Registry to remove the burden of a right of way registered against the title to adjacent land.
He appeared for the successful proposed purchaser in a claim to recover the deposit from the proposed vendors of a former wool mill in the North East after a failure to complete the purchase.
He successfully resisted a claim by a developer within London’s Docklands for damages against a proposed purchaser for failing to complete an off-plan purchase.
He has recently advised in relation to the enforceability of various provisions within a sale, build and leaseback agreement of a large mixed-use development.
He has recently advised a group of purchasers of off-plan properties within a large residential development in relation to the recovery of their deposits upon the collapse of the development scheme.

Mortgages, Charges, Charging Orders and Securitisation

Toby is regularly involved in cases relating to mortgages and receivers. He appeared for the successful claimant in one of the leading cases relating to the duties of receivers, Medfordth v. Blake & Others [2000] Ch 86, which established (contrary to the view of the Privy Council in Downsview Nominees v. First City Corp Ltd) that Law of Property Act receivers and mangers, and those appointed under agricultural mortgages, owed a duty to the mortgagor and anyone with an interest in the equity of redemption to manage the property with due diligence. Toby has also lectured a number of times on topics connected with mortgages and receivership.

Professional Negligence Claim Related to Property

Toby regularly advises and acts in relation to professional negligence claims arising out of property work. For example, in the last few months he has advised or appeared in claims relating to:

A valuer’s negligent valuation of commercial premises
A solicitors’ negligent failure to protect a pending land action by registration
A managing agent’s negligent failure diligently to pursue insurance claims on behalf of its instructing landlord
A solicitor’s negligent failure to preserve the tenant’s security under the Landlord & Tenant Act 1954
A structural engineer’s negligence in approving premises as being structurally adequate to support a tenant’s use, resulting in a £500k dilapidations claim against the tenant
A solicitor’s negligence claim arising out of a fraudulent residential purchase agreement.

Specialisms

Commercial Landlord and Tenant

Conveyancing Disputes

Mortgages, Charges, Charging Orders and Securitisation

Professional Negligence Claim Related to Property

Boundary and Ownership Disputes

Building Safety

Easements and Profits a Prendre

Insolvency

Land Registration and Adverse Possession

Property Development including Overage disputes

Protestor Injunctions

Restrictive Covenants

Rights of Light

Telecommunications

Trusts of Land and other Equitable Claims

Village Greens, Commons and Manorial Rights

“a dominant figure at the property bar”"

– Chambers and Partners (2026)

Recent Personal Highlights

Personal Highlights

news

MIPIM 2026 Meet our team Website Linked In

19 02 2026

Meet our team in Cannes during MIPIM 2026

news

16 10 2025

Landmark Chambers Recognised in Chambers and Partners UK Bar Guide 2026

news

28 08 2025

Landmark Chambers receives six nominations at the 2025 Chambers UK Bar Awards

news

12 02 2024

Meet our team in Cannes during MIPIM 2024

news

12 02 2024

Landmark in two of The Lawyer’s Top 10 Appeals of 2024

Full Presentation

21 11 2023

Property Law Nuts & Bolts seminar series, Part 2: Costs - all change please - slides

Toby Watkin KC, Tom Morris, Katherine Traynor, and Sophie Gibson

Full Presentation

12 10 2023

Land Use Conference 2023

The Rt. Hon. Lord Carnwath of Notting Hill, David Elvin KC, David Holland KC, Jenny Wigley KC (Joint Head of Chambers), Paul Brown KC, Rupert Warren KC, David Forsdick KC,…

news

13 02 2023

R (Annington Property & others) v Secretary of State for Defence; Annington Property v…

Qualifications and achievements

Qualifications

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

Memberships

Chancery Bar Association
Chartered Institute of Arbitrators (MCIArb)
Hong Kong Institute of Arbitrators (AKHIArb)
Property Bar Association (Committee Member 2004 -2014; Treasurer 2008-2010; Secretary 2011-2014)

Recommendations

"Toby is a real heavyweight KC. He is a dominant figure at the property bar."
"He has the unbelievably skilled ability as an advocate to make the most complex subjects seem very straightforward."
"Toby is undoubtedly a star. His ability to get to the crux of the issues is unparalleled."

Real Estate Litigation, Chambers and Partners, 2026
"Toby is a resolute advocate, excellent at keeping judges on side whilst effectively advocating and cross-examining and dedicated in pursuing good points."

Property Litigation, Legal 500, 2025
"Toby is an absolute legend, he is lethal in cross-examination." "Frighteningly clever. Toby is a leading KC." "He has a very impressive court presence, fair, reasonable and knowledgeable."

Real Estate Litigation, Chambers and Partners, 2024
"Toby is a robust and tenacious advocate. He is terrier-like in pursuing good points and is excellent at keeping judges on side whilst effectively advocating and cross-examining." "Toby is reassuring in conference with lay clients, trustworthy, dependable and an extremely safe pair of hands."

Property Litigation, Legal 500, 2024
"Toby explains complex issues in the most straightforward manner. He is very approachable." "He is a brilliant strategist and advocate who is realistic and pragmatic. He also understands the client."

Real Estate Litigation, Chambers and Partners, 2023
"Toby is reassuring in conference with lay clients, trustworthy, dependable and an extremely safe pair of hands."

Property Litigation, Legal 500, 2023
"Toby is a dream to work with. He is very calm and good with clients, experts and witnesses." "His pleadings and written work are very accomplished." "A real team player who gives robust advice, and he is superb on his feet, particularly in cross-examination."

Real Estate Litigation, Chambers and Partners, 2022
"A robust and confident advocate with an impressive intellect and good bedside manner - he's an excellent all-rounder." "A real team player who gives robust advice and is superb on his feet, particularly in cross-examination." "He's not afraid to say it how he sees it, and he gives practical advice and guidance."

Real Estate Litigation, Chambers and Partners, 2021
"Toby is an exceptionally strong senior junior. He is reassuring in conference with lay client, trustworthy and dependable and an extremely safe pair of hands."

Property Litigation, Legal 500, 2022
"Highly forensic and commercial in his approach with tenacious cross examination of difficult witnesses."

Legal Directories
"An encyclopaedic brain", being "fiercely intelligent, commercial, great with clients and a pleasure to work with", and as doing "an excellent job of getting to grips with complex and heated property disputes."

Legal Directories
"His quality of advice, responsiveness and approachability are excellent." "Very knowledgeable and easy to work with." "Very approachable barrister who is willing to make the difficult call."

Legal Directories