Toby Bishop
Junior counsel

Toby Bishop

Call to Bar:2008

Chambers and Partners High Net Worth 2020, Chancery: Traditional

"an incredibly safe pair of hands” "excellent with clients - they all just adore him, he exudes a lot of confidence,” "technical and well read on the law, and excellent on his feet and on paper."

Toby specialises in succession and trusts litigation including contentious probate; 1975 Act claims; the removal of personal representatives and trustees; the administration of estates and trusts; proprietary estoppel; constructive and resulting trusts; and issues of domicile.

5 Stone Buildings - building sign
Chambers and Partners High Net Worth 2021, Chancery, Traditional

Very, very clever and he is extremely easy to deal with. He is great with clients and comes up with practical legal solutions to complex legal issues, Bishop knows what judges want, which is an immensely useful trait in a barrister.

Chambers and Partners UK Bar 2021, Chancery, Traditional

Excellent with clients - they all just adore him as he exudes a lot of confidence. Incredibly technical and well read on the law, he is excellent both on his feet and on paper. His written advice is always excellent.

Legal 500, Private Client: Trusts and Probate

Brilliant strategically and gets to the heart of the matter – he is great with clients and remains calm and unflappable under pressure. Star of the future.

Chambers and Partners High Net Worth 2021, Chancery, Traditional

A richly deserved reputation for excellence, according to a commentator. This exceptional chancery set advises clients on complex domestic and offshore matters. They are a fantastic set, says an instructing solicitor, who adds: If you’re going to pick the top chambers for private client work in London, 5 Stone would be at the top. They are fantastic, I can’t fault them. They have a good, broad range of private client and high net worth coverage, in that they have a lot of general chancery private client work across to Court of Protection to general tax advisory and tax support

Chambers and Partners UK Bar 2021, Chancery, Traditional

One of the pre-eminent traditional chancery sets in London and is notable for its strength and depth. A source says: There really are no weak links, from the youngest pupil to the oldest silk. This extremely strong group of silks and juniors regularly handles some of the most high-profile and high-value matters in this field

Chambers and Partners High Net Worth 2019, Chancery: Traditional

Widely regarded as one of the foremost sets in this area

Chambers and Partners High Net Worth 2020, Chancery: Traditional

he is incredibly technical and well read on the law, and excellent on his feet and on paper.

Chambers and Partners High Net Worth 2020, Chancery: Traditional

A source describes Bishop as "an incredibly safe pair of hands" and says that "his written advice is always excellent.

Chambers and Partners High Net Worth 2020, Chancery: Traditional

one of the pre-eminent traditional chancery sets in London and is notable for its strength and depth. A source says: "There really are no weak links, from the youngest pupil to the oldest silk." This extremely strong group of silks and juniors regularly handles some of the most high-profile and high-value matters in this field.

Legal 500 Private Client 2020: Trusts and Probate: Leading Juniors

Brilliant strategically and gets to the heart of the matter – he is great with clients and remains calm and unflappable under pressure.’… ‘star of the future

About Toby Bishop

Trusts, estates, and family provision

Toby’s notable cases in this practice area include:

  • Bhusate v Patel [2020] EWHC 52 (Ch) – the appeal against the Chief Master’s decision to grant permission for a 1975 Act claim 25 years and 9 months out of time was dismissed. It now appears where the estate has not been distributed and the claim is very strong, permission will be granted irrespective of the length and cause of a claimant’s delay in commencing the claim.
  • Re Ali; Rehman v Hamid [2019] EWHC 3692 (Ch) – this was a domicile and forum non-conveniens dispute. The estate consisted principally of English real estate, the testatrix had lived in England for 50 years, but died in Pakistan. Toby’s client succeeded in his application for a stay of the English probate claim, establishing the testatrix had remained domiciled in Pakistan and that the convenient forum was Pakistan, notwithstanding that it would be decided in accordance with English law
  • Re Bascoe; Barnaby v Johnson [2019] EWHC 3344 (Ch) – Toby’s client overcame challenges as to testamentary capacity; undue influence; fraud and a lack of knowledge and approval to prove his mother’s last will. The judgment includes a useful analysis of the weight to attach to hearsay evidence of attesting witnesses.
  • Bhusate v Patel [2019] EWHC 470 (Ch)this was an application under s.4 of the 1975 Act brought 26 years and 3 months after the applicant extracted letters of administration. Toby was led by Richard Wilson QC.
  • Ninian v Findlay [2019] EWHC 297 (Ch) – A retired captain of industry suffering from an incurable degenerative condition committed suicide with the assistance of Dignitas and his wife. His wife instructed Toby and John Critchley in her successful application for relief against the forfeiture rule.
  • Re Dora Wright: Elton-Campbell v Wright, unreported – a ToLATA claim, an executrix recovered possession of the estate’s property from the testatrix’ son together with mesne profits for 7 years use and resisting counter-claims of a constructive trust, proprietary estoppel and a debt.
  • Bhusate v Patel and others [2018] EWHC 2362 (Ch) – this was an application to strike out particulars of claim. The case offers guidance from the Chief Master on four issues: (1) whether the inferred and imputed common intention constructive trust analysis (Jones v Kernott) extends beyond the domestic consumer context into an intestacy; (2) the limitation period which applies to a spouse’s claim to a statutory legacy and capitalised life interest; and (3) the way in which the court approaches a strike out and summary judgment application in Part 8 proceedings; and (4) the extent to which a party may plead incompatible cases in the alternative. Toby was led by Richard Wilson QC.
  • RG v SG (unreported) – this case concerned financial abuse of a vulnerable adult. Toby was instructed by a professional deputy who had been appointed by the Court of Protection and authorised to institute proceedings to reconstitute P’s estate. Toby’s client obtained a freezing injunction and disclosure orders together with non-party disclosure orders. Toby’s client then succeeded in a summary judgement application obtaining a declaration and directions which restored that which remained of P’s estate.
  • Ramsey v Ramsey [2015] All ER (D) 32Toby’s client established the testatrix’ testamentary capacity and knowledge and approval of the contents of her will, notwithstanding a finding (supported by both parties’ experts) that the testatrix was suffering from moderate to severe vascular dementia.
Property

Toby’s notable cases in this practice area include:

  • Brothers v New World Hospitality [2017] EWHC 2455 (Ch) – this decision of Roth J concerned the duties owed to the Court when applying for ex-parte injunctive relief.  In dismissing an application to restore an interim injunction Roth J offered guidance on the circumstances in which it is appropriate to apply ex-parte without notice and the discharge of the duty to give full and frank disclosure. Toby was led by John McLinden QC.
  • Pembury v Panzer and Ors (unreported) – Toby successfully sought the striking out of particulars of claim on the basis that they contradicted and were inconsistent with an earlier version, and the Claim Form was struck out as disclosing no reasonable grounds for bringing a claim.  The decision was upheld on appeal.
  • EBS Self Administered Pension Plan Trustees Ltd v Gungor [2016] 11 WLUK 243  – Toby acted for the successful appellant in this case which concerned very late amendments.  In allowing Toby’s client’s appeal, Newey J identified that the following were not good reasons for a recorder to have allowed an application to amend on the first morning of trial: (1) English was not D’s first language (a legally represented party relies on its advisers); (2) the case was about money (most cases are about money); (3) The generosity of the 2-day trial listing; (4) the Cs not having complained about the subject matter of the claim for some time; (5) that D’s solicitors may or may not have been negligent; (6) that D’s proposed defence might have a real prospect of success and that C might obtain a windfall if D was not permitted to amend (this will almost universally be true, if it were not the party would not seek to amend).
Education and Qualifications
  • Bar Vocational Course: Outstanding, 3rd in order of merit.
  • Advanced International Advocacy Course, Keble, College, Oxford
Prizes and Scholarships
  • Harmsworth Scholar of Middle Temple
  • Middle Temple Prize for Outstanding Achievement on the BVC
Webinar Recordings

On Friday 4th June 2021, Toby recorded a webinar titled – Cross Examination – tarnishing the gold standard. A copy of the recording is available to view by clicking here [and hyperlink it to here.

On 18th December 2020, Toby recorded a webinar titled – Accessory liability: knowing receipt and dishonest assistance. A copy of the recording is available to view by clicking here [and hyperlink it to here.

On 20th November 2020, Toby recorded a webinar titled – Replacing custodians of estates and trusts. A copy of the recording is available to view at your convenience by clicking here. 

On 18th September 2020, Toby Bishop and Raj Arumugam recorded a webinar titled -Insolvent Estates and Trusts. A copy of the recording is available to view at your convenience by clicking here. 

On 14th August 2020, Toby recorded a webinar titled- Guiling the lily: The Witness Evidence Working Group’s Recommendations. A copy of the recording is available to view at your convenience by clicking here.

On 1st June 2020, Toby recorded a webinar titled -Domicile and Jurisdictions Disputes. A copy of this recording is available to view at your convenience by clicking here. 

Professional Memberships
  • Chancery Bar Association
  • ACTAPS (the Association of Contentious Trusts and Probate Specialists)
  • ConTrA (the Contentious Trusts Association)
Publications and lecturing

Toby writes about and delivers lectures and seminars on many aspects of his practice.

Recently this has included:

  • Insolvent Estates and Trusts- webinar available by clicking here 
  • Gilding the Lily: the Witness Evidence Working Group’s recommendations- webinar available by clicking here
  • Domicile and Jurisdiction Disputes – webinar available by clicking here
  • Out of time 1975 Act claims – 5 Stone Buildings’ Trusts and Estates conference 2020.
  • Time to call the Police – trusts and estates issues – ConTra March 2020 – speaking about the Forfeiture Rule which precludes a person from taking a benefit from an unlawful killing.
  • Contested Probate: Cases of Interest – at conferences held in spring 2020 in Oxford and Nottingham
  • The traditional concept of domicile – Simon Gore Legal Conferences, webinar in 2019, Elderly Client Conference 2019, together with James Ward and Joseph Austin of Kingsley Napley
  • Limitation periods for claims against constructive trustees – Simon Gore Legal Conferences, webinar in 2018, together with Roman Kubiak of Hugh James.
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