| Toby Boutle's practice comprises
litigation, drafting and advisory work across the whole range of chancery
matters.
He advises regularly on trusts, probate
and the administration of estates, as well as claims under the 1975 Act
and Court of Protection matters. Toby is one of the co-authors of Tolley's
Inheritance Tax Planning, which is updated annually.
Toby is recommended in the property
litigation section of the Legal 500, where he has been described as 'bright
and determined'. His property litigation experience includes claims concerning
co-ownership, restrictive covenants, easements, adverse possession, vendors'
liens and boundaries, as well as landlord and tenant disputes. Toby has
appeared in several cases before the Adjudicator to the Land Registry.
In addition, Toby has experience
of professional negligence matters, including acting as junior in a substantial
professional negligence claim concerning the conduct of ancillary relief
proceedings.
Having been called to the Bar in
July 2004, Toby joined Ten Old Square in 2005, following the completion
of his pupillage. Toby has a first class degree in Politics, Philosophy
and Economics; he graduated from Magdalen College, Oxford in 2000. He has
a Postgraduate Diploma in Law from the City University; he was awarded
the Lord Mansfield and Lord Bowen Scholarships by Lincoln's Inn. Prior
to being called to the Bar, Toby worked as a full-time speechwriter to
the then Leader of the Opposition, William Hague.
Toby is a member of the Chancery
Bar Association and an associate member of the Property Bar Association;
he is also a member of the Ecclesiastical Law Society.
Recent reported cases:
Re Collis (2010) COP 27/10/10,
[2011] NLJ 18 - decision of Senior Judge Lush of the Court of Protection
concerning the test for capacity for the execution of an instrument creating
a lasting power of attorney
Brown v. Bimson [2010] All ER (D)
325 (Jul) - claim for the rectification of a will
Kershaw v. Micklethwaite [2010]
EWHC 506 (Ch) - claim for the removal of personal representatives under
s50 of the Administration of Justice Act 1985
Turner v. Turner [2007] All ER
(D) 238 (May) - contentious probate claim
Sherrington v. Sherrington [2007]
All ER (D) 09 (Jan) (Court of Appeal) - appeal on costs relating to application
to bring a 1975 Act claim out of time
Tobys published work:
'Removing Personal Representatives'
- in the Law Society's Probate Yearbook 2011 - An Overview of AJA 1985,
s50 and SCA 1981, s116
'Deeds of Variation - Problems
that can arise in practice' in the Probate Yearbook 2010
'Hostile Claims by Beneficiaries
The burden of costs' in Trusts & Trustees (2009) Vol 15, No 1 Considers
the judgment in Close Trustees (Switzerland) SA v. Vildósola [2008]
EWHC 1267 (Civ).
'Proprietary estoppel What sort
of representation is required?' Probate Yearbook 2009 Analyses the Court
of Appeal's decision in Thorner v. Major [2008] EWCA Civ 732, [2008] 2
FCR 435.
Tolley's Inheritance Tax Planning
(Co-author).
'Fair Payment' (2007) 151 Solicitors
Journal 16, 524 Considers the fixed costs regime in possession
claims.
'Challenging the Commons' (2004)
154 New Law Journal 1466 Considering the constitutional status of the
1949 Parliament Act.
Toby
Boutle is a self-employed, independent barrister whose practice is governed
by the Code of Conduct of the Bar of England and Wales. He is registered
with The Bar Standards Board [Bar Ref 46882] and is fully insured with
the Bar Mutual Indemnity Fund [BMIF Ref 2360/058] to provide legal services,
please refer to the BMIF
website for full details of the world-wide cover provided. He is registered
for VAT under the reference 864163026. If you wish to contact Toby Boutle
please do so by telephone to 00 44 (0) 20 7405 0758 or by email to clerks@tenoldsquare.com
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