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MEET:

Toby Fisher

“Toby is a superb lawyer and communicator who gets to to the heart of complex issues extremely quickly, while always retaining a strong sense of strategic purpose and direction”

Called: 2008

Toby practices across all areas of public and international law, with particular expertise in environment and human rights. He acts for States, corporations, central and local government, NGOs and individuals.

He has acted at all levels in the UK domestic system up to the Supreme Court, as well as in cases before the International Court of Justice, European Court of Justice, European Court of Human Rights, and Inter-American Court of Human Rights. He has led communications to UN Treaty Bodies and complaints to the National Contact Points of the OECD and to the World Bank’s Compliance Advisor/Ombudsman.

Between 2019 and 2022, Toby was Deputy Director, International Law for the New Zealand Government, where he advised on international environmental law, law of the sea, international human rights and humanitarian law, He led negotiations at the UNFCCC climate change conferences, at the International Seabed Authority, and in other multilateral fora.

Toby is an international lawyer with more than 15 years’ experience as a barrister in London as well as three years as the Deputy Director of International Law for New Zealand’s Ministry of Foreign Affairs and Trade. He is on the UK Attorney-General’s B panel of public international law counsel.

This page is split into three sections: (i) International Environmental Law/Law of the Sea; (ii) International Human Rights Law; and (iii) International Trade and Investment Law.

International Environmental Law / Law of the Sea

Toby acts in both public and private international law matters. He represents governments, corporations, NGOs and individuals. Notable recent and ongoing instructions include:

Alongside his disputes practice, Toby has a significant advisory element to his international environmental law practice, including recently advising:

  • Pew Trusts on a range of issues relating to international deep-sea mining (ongoing): see published opinions here, here and here.
  • A small island state on strategies to dissuade or delay unilateral activity in the seabed beyond national jurisdiction.
  • WWF on the continuing legality of the krill fishery managed under the Convention on the Conservation of Antarctic Marine Living Resources (2025).
  • A global NGO on investor rights and remedies in North Sea oil and gas fields if the UK were to end all new licensing (2025).
  • The Clean Air Taskforce on the development of an EU methane import standard (2024)

As Deputy Director, International Law for the New Zealand Ministry of Foreign Affairs and Trade (2019 – 2022), Toby was responsible for international law matters relating to climate change, biodiversity, oceans, and Antarctica. Among other things, he:

  • Supported the negotiation and promotion of the Pacific Islands Forum Leaders’ Declaration on Preserving Maritime Zones in the Face of Climate-Change Related Sea Level Rise.
  • Acted as Head of Delegation at the International Seabed Authority, developing New Zealand’s position on the Exploitation Mining Code and the response to Nauru’s triggering of the two-year rule.
  • Acted as Legal Adviser and Lead Negotiator on loss and damage, markets, and oceans issues at COP26.
  • Advised the New Zealand Government on domestic climate change litigation, carbon border adjustment mechanisms (CBAMs), and the operation of Article 6 of the Paris Agreement post COP26.
  • Advised on negotiations on the BBNJ treaty
  • Drafted New Zealand’s Third Person Note to the UN Secretary-General on the application of the UN Convention on the Law of the Sea to the South China Sea.
  • Managed New Zealand’s engagement with a range of regional fisheries management organisations, including WCPFC, SPRFMO, CCAMLR, and CCSBT.

Toby is member of the ICCA Panel of Experts responsible for devising a draft conciliation annex to the UNFCCC and Paris Agreement. He is the author of the chapter on climate change law in Garners Environmental Law and has particular expertise on the operation of carbon markets under Article 6 of the Paris Agreement.

International human rights law

Toby practices across both public and private international law. He represents governments, corporations, NGOs and individuals. Notable recent and ongoing instructions include:

  • Counsel for Mario Peters in Mario Peters v Attorney‑General of St Helena (2026), a constitutional claim challenging to the Civil Litigation (Costs) Ordinance 2025 for violation of the right of access to justice (ongoing).
  • Counsel for the Muddusjärvi Reindeer Herders’ Cooperative in UN Human Rights Committee complaint against Finland arising out of alleged violation of ICCPR Articles 27 (right to enjoy one’s culture) and 17 (privacy and family life) resulting from Finland’s failure to support indigenous Sámi reindeer herding communities in their adaptation to the impacts of climate change (ongoing).
  • Counsel to New Zealand in International Court of Justice proceedings brought by Ukraine against Russia relating to allegations of genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (2022 – 2025);
  • Counsel for Kyklos and Global GAP in Inter-American Court of Human Rights advisory proceedings concerning state obligations in response to the climate emergency within the framework of international human rights law (2025)
  • Counsel for Tanzanian claimants in Wambura & others v Barrick TZ Ltd and North Mara Gold Mine Ltd (2022-2024), a claim arising from alleged human‑rights abuses by police at the North Mara Gold Mine.

Alongside his disputes practice, he has a significant advisory element to his practice, including recently advising:

  • Multiple high net worth individuals facing requests for Interpol Red Notices or Diffusions on the compliance of such requests with the Interpol Constitution, data processing rules and/or international human rights norms.
  • The Ukrainian Orthodox Church on international human rights law remedies related to infringements of religious freedom resulting from Law 8371 of the Verkhovna Rada (2024-2025);
  • A global NGO on potential international human rights or international criminal law remedies to secure justice in respect of financial‑sector executives complicit in war crimes in Gaza (2024).

In his role as Deputy Director, International Law for the New Zealand Ministry of Foreign Affairs and Trade, Toby led the team responsible for general international law issues, on matters including the use of force, international human rights and humanitarian law, sanctions, counter-terrorism, malicious cyber activity, foreign interference, outer space, extradition, and private international law. Highlights included:

  • Managing New Zealand’s representations to the UN Human Rights Committee in response to communications alleging a breach of New Zealand’s obligations under the ICCPR.
  • Leading the development of New Zealand’s public position-statement on The Application of International Law to State Activity in Cyberspace.
  • Leading cross‑government strategic advice on mitigating the risk of aiding/assisting internationally wrongful acts.

International trade and investment law

Toby acts advise on the full range of international trade and investment law issues. Notable instructions include:

  • Counsel for Friends of the Earth in Woodhouse Investment Pte Ltd and West Cumbria Mining (Holdings) Ltd v United Kingdom (ICSID), an amicus intervention in these investor-state arbitral proceedings relating to an alleged violation of the FET standard in the 1975 UK-Singapore BIT arising out of a change in regulatory environment (as a result of climate change considerations) that led to the quashing of planning permission for a new coal mine in the UK (ongoing).
  • Counsel to the UK Department for Business and Trade defending threatened and subsequently abandoned proceedings relating to safeguard quotas in steel (residual quota caps) (2025).
  • Advising Woolworths New Zealand Limited on compatibility of proposed grocery divestment measures with investment protections under the ANZ CER Protocol on Investment (2023)
  • Advising a State on legal issues related to the 2017 boycott of Qatar by Saudi Arabia, UAE, Egypt and Bahrain (Jun–Nov 2017).

In his role as Deputy Director, International Law for the New Zealand Ministry of Foreign Affairs and Trade, Toby advised extensively on the overlap between international trade and investment law and international environmental law.

Toby is an environment and planning lawyer and experienced litigator and advocate, with particular expertise in planning, climate change, biodiversity, rivers, oceans and fisheries. He has more than 15 years’ experience as a barrister in London as well as three years as Deputy Director, International Environmental Law for New Zealand’s Ministry of Foreign Affairs and Trade. He is on the UK Attorney-General’s B panel of public law counsel.

Toby is the author of the chapters on climate change law and emissions trading in Garners Environmental Law and is a member of the Council of the UK Environmental Law Association.

Domestic environment and planning law

Toby’s domestic environment and planning practice is a combination of litigation and advisory work. He regularly acts in planning judicial reviews and section 288 appeals. Recent highlights include:

  • Counsel to Defra in responding to the information notice served by the Office for Environmental Protection alleging a failure to ensure the achievement of Good Environmental Status in the marine waters of the marine strategy area (ongoing 2026).
  • Counsel to Andrew Gibbon in Gibbon v Marine Management Organisation, an ongoing challenge to the decision of the MMO to grant a marine licence to PD Teesport Ltd to dispose of potentially toxic sludge at sea (ongoing 2026).
  • Counsel to Andrew Boswell in a successful pre-action challenge to the Secretary of State for Business and Trade’s decision to adopt the Industrial Strategy without first carrying out a lawful review of the strategy against the Environmental Policy Principles Statement (2025).
  • Counsel to Blue Marine in its appeal to the Court of Appeal against the order of the High Court in R (Blue Marine Foundation) v Secretary of State for Environment, Food and Rural Affairs [2025] EWHC 734 (Admin), an application for judicial review challenging the determination of fishing opportunities in UK waters at levels exceeding the scientific advice on sustainable TACs.
  • Counsel to Chris Packham in R (Packham) v Secretary of State for Energy Security and Climate Change, a successful judicial review claim challenging the abandonment of key policies in the Carbon Budget Delivery Plan (2025).
  • Counsel to Portsmouth City Council advising generally on all habitats aspects of its proposed Local Plan and successfully challenging (twice), by way of pre-action correspondence, the Secretary of State’s erroneous decisions that there are no imperative reasons of overriding public interest justifying adverse effects on protected habitats (ongoing 2026).
  • Counsel to Rights Community Action in a successful pre-action challenge to the decision of East Lindsey District Council to approve the making, and formal adoption, of the Skegness Gateway Local Development Order, thereby granting planning permission to more than 1000 market home in flood zone 3 (2025).
  • Counsel to Defra in defending threatened but abandoned claims for judicial review challenging the Secretary of State’s decisions to make (2025):
    • The Thames Estuary Cockle Fishery (No 2) (Variation) Order 2025; and
    • The Cambridge Waste Water Treatment Plan Relocation Development Consent Order 2025.
  • Counsel to the Health and Safety Executive in defending a threatened but abandoned claim for judicial review by Wild Justice, alleging a failure to make adequate arrangements for the enforcement of relevant obligations relating to the storage and use of second generation anticoagulant rodenticides (2025)
  • Counsel for the Secretary of State for Housing Communities and Local Government in successfully defending section 288 proceedings of the decisions of planning inspectors to grant planning permission for housing developments in Horsham (2025) and Kings Lynn (2025).
  • Counsel for Friends of the Earth in Friends of the Earth v Secretary of State for Housing, Levelling Up and Communities [2024] EWHC 2349 (Admin), a successful section 288 challenge to the decision to grant planning permission for the UK’s first new deep coal mine in 30 years.
  • Counsel to CPRE in R (CPRE) v Secretary of State for Transport [2023] EWHC 2917, a judicial review claim challenging the decision to grant development consent for the A57 Link Roads Scheme.
  • Counsel to Friends of the Earth v Secretary of State for Levelling Up, Housing and Communities [2023] EWHC 3255, the leading case on the duty of candour in section 288 proceedings.
  • Counsel to Coal Action Network in Coal Action Network v Merthyr Tydfil County Borough Council and the Welsh Ministers (2023), a judicial review claim challenging the failure of the local authority and Welsh Ministers to take enforcement action against Merthyr South Wales Limited in relation to an 11 month period of coal extraction without planning permission.
  • ACCC/C/2017/150 (United Kingdom), a successful complaint to the Aarhus Compliance Committee alleging the UK’s failure to comply with Articles 3 and 8 of the Aarhus Convention in the enactment of the EU Withdrawal Act 2018.

Toby’s international environmental law practice is set out in detail in the International Law section of this profile. Highlights include acting as:

Toby acts and advises individuals, NGOs, corporates, and government departments on a wide range of public and regulatory law. He is a member of the Attorney-General’s B Panel of counsel. For Toby’s experience in environmental judicial review, see the environmental law section of this profile.

General public law

Toby advises and acts for a range of central government departments as well as for individuals, corporations and NGOs in judicial review proceedings. Recent instructions of note include:

  • Acting for the Department for Business and Trade in threatened proceedings by Greenpeace to challenge the Secretary of State’s decision to continue licensing UK Seabed Resources to carry out exploration activities in the area beyond national jurisdiction (ongoing).
  • Acting for the Secretary of State for Environment, Food and Rural Affairs in judicial review proceedings challenging the vires of charges raised by the Food Standards Agency for official controls carried out by veterinarians (ongoing).
  • Acting for Liberty in Liberty v Equality and Human Rights Commission [2025] EWHC 1504 (Admin), a challenge to the EHRC’s consultation on amendments to its guidance following the For Women Scotland judgment (2025).
  • Acting for the UK Department for Business and Trade in threatened proceedings relating to safeguard quotas in steel (residual quota caps) (2025).
  • Acting for the Secretary of State for Environment Food and Rural Affairs in defending threatened proceedings to challenge:
    • the closure of the Sustainable Farming Subsidy (2025);
    • The Thames Estuary Cockle Fishery (No 2) (Variation) Order 2025; and
    • The Cambridge Wastewater Treatment Plan Relocation Development Consent Order 2025.

Overseas Territories and Crown Dependencies

Toby acts in and advises on judicial review claims relating to the acts of governments of Overseas Territories and Crown Dependencies. He was involved in long-running litigation on behalf of the Seychelles Chagossians seeking a right of return (see R (Hoareau) v Secretary of State for Foreign and Commonwealth Affairs [2016] EWHC 2102 (Admin) and R (Hoareau and Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2019] EWHC 221 (Admin)). More recently, his instructions include:

  • R (Mario Peters) v Attorney-General of St Helena (ongoing), a constitutional claim challenging the Civil Litigation (Costs) Ordinance 2025 for violation of the right of access to justice (ongoing).
  • Advising Tamil asylum seekers detained on the British Indian Ocean Territory on litigation options.
  • Advising the Government of Guernsey in relation to statutory appeals against decisions relating to the open market housing register.

Regulatory

Toby advises and acts for individuals, corporates, and regulators in a range of regulatory disputes. Recent matters include:

  • Advising Defra on a range of matters relating to the Producer Obligations (Packaging and Packaging Waste) Regulations 2024 and the predecessor regime (2026).
  • Acting for a corporate client in an appeal before the GRC relating to alleged non-compliance with the Energy Savings Opportunity Scheme (2026).
  • Acting for Defra in ongoing judicial review proceedings challenging the vires for charges raised by the Food Standards Agency for official controls carried out at premises in England and Wales (2025)
  • Acting for Stop Uighur Genocide in a proposed claim against the Financial Conduct Authority’s anticipated decision to approve the listing of Shein on the London Stock Exchange.
  • Successfully defending the Health and Safety Executive against threatened, then abandoned, claims for judicial review relating to i) the vires for the Pesticides Annual Charge (2025); and ii) the discharge of regulatory obligations in respect of Second Generation Anti-Coagulant Rodenticides (2025).
  • Successful judicial review claims challenging the Animal and Plant Health Agency‘s decisions i) to revoke authorisation to import frozen day-old chicks (2024); and ii) to revoke approval for an approved finishing unit (2024).
  • Challenging the decision of the Environment Agency to grant an environmental permit for the operation of a waste coincineration plant (2024).
  • Successfully defending Ofsted in two judicial review claims challenging the outcome of school inspection reports: see R (All Saints Dunstable) v Ofsted [2024] EWHC 1792 (Admin) and R (Thomas Telford School) v Ofsted [2024] EWHC 880 (Admin).
  • Acting as the appeal body to determine appeals against the decisions of the Environment Agency under the Waste Electrical and Electronic Equipment Regulations 2013 (ongoing).

Immigration

Toby’s immigration practice is focused primarily on unlawful detention and family reunion. Recent cases include:

  • R (AH) v SSHD [2025] EWHC 3269 (Admin), a precedent-setting claim where the High Court found that the system operated at Brook House IRC violated Article 3 ECHR.
  • R (ZP) v SSHD (2025), a successful claim for judicial review challenging the claimant’s ongoing detention in circumstances where the Home Office was refused to provide section 95 or schedule 10 support.
  • R (IS) v SSHD (2024) (2025), two successful claims for judicial review of the Home Office’s refusal to facilitate reunion of an Afghan family on account of a refusal to treat visa applications as valid without biometrics but where the family could not safely make the journey to register biometrics.

Education

Toby acts for parents, schools, universities, and Ofsted in education judicial review claims. Recent cases include:

  • Successfully defending Ofsted against two judicial review claims challenging the outcome of school inspection reports: see R (All Saints Dunstable) v Ofsted [2024] EWHC 1792 (Admin) and R (Thomas Telford School) v Ofsted [2024] EWHC 880 (Admin).
  • Successfully challenging, by way of judicial review, two decisions by the Student Loans Company to refuse to grant student loans to children on section 3C leave.
  • Advising FCDO Families on potential remedies for misapplication by the Student Loans Company of section 1(4) of paragraph Education (Student Support) Regulations 2011 to the children of diplomats posted abroad.

Local Government

Toby regularly advises a range of local government clients on environment and planning, housing, highways, and property disposal matters. He is currently (Feb 2026) engaged in pre-action correspondence on behalf of a local community association challenging

Other

Toby appears in a range of other public law or public law adjacent matters including freedom of information appeals and appeals against decisions of the disclosure and barring service.

Toby is regularly instructed in international group claims arising out of environmental pollution or human rights violations abroad caused by a company domiciled in England and Wales. Recent cases include:

Toby has extensive experience, across multiple jurisdictions, in public inquiries. Previous instructions include:

  • Counsel to the British Business Bank in the Covid Inquiry (2024-2025)
  • Counsel to Lord Evans, Chair of the Committee on Standards in Public Life, in the Infected Blood Inquiry (2022)
  • Counsel to New Zealand’s Ministry of Foreign Affairs and Trade in the Government Inquiry into Operation Burnham and other matters, a judicial inquiry into alleged war crimes and human rights abuses by the New Zealand Defence Force in Afghanistan (Oct 2018 – Jun 2020).
  • Counsel to New Zealand’s Ministry of Foreign Affairs and Trade in the Royal Commission into the terrorist attack on Christchurch masjidain on 15 March 2019, a judicial inquiry into the Christchurch terrorist attack (May 2019 – Apr 2020).
  • Counsel to the New Zealand State Services Commissioner in the Government Inquiry into the Appointment Process for a Deputy Commissioner of Police (Jul – Dec 2018).
  • First Junior Counsel to the Independent Inquiry into Child Sexual Abuse (Apr 2015 – Dec 2016), an inquiry into the extent to which state and non-state institutions had failed in their duty of care to protect children against sexual exploitation.
  • Co-counsel for the South African Human Rights Commission in the Marikana Commission of Inquiry, a judicial inquiry into i) the events of 16 August 2012 at Marikana, South Africa, where 34 striking miners were shot dead by police; and ii) the extent to which a mining company, Lonmin plc, and various arms of South African national and local government, had complied with their environmental and human rights obligations (Oct 2012 – Feb 2015).
  • Junior counsel to the Leveson Inquiry into the culture, practices and ethics of the press, arising out of the ‘phone hacking’ scandal (Apr 2012 – Nov 2013).

Toby’s ESG practice draws on his expertise in international human rights and environmental law and his experience advising, and litigating against, companies in the extractives, agribusiness and retail sectors.

He acts for both complainants and respondents in:

  • proceedings before the OECD’s National Contact Points (most recently acting for WPP plc in a complaint brought by Adfree Cities and New Weather Institute alleging a failure to comply with the OECD Guidelines for Multinational Enterprises by allegedly contributing to the adverse climate impacts of its “high emitting” clients (ongoing).
  • proceedings before the World Bank’s Compliance Advisor/Ombudsman (previously acting for the Women of Marikana in respect of the IFC’s investment in Lonmin plc).
  • making representations to and appeals from the Paris Agreement Crediting Mechanism on the environmental and human rights impacts of carbon crediting projects (recently advising an NGO client on the relevant procedures)

Toby has a particular interest in supply chain due diligence, with a focus on risks arising from modern slavery and environmental crime. In 2025, he worked with Jamas Hodivala KC for:

  • Stop Uighur Genocide in a proposed claim for judicial review of the Financial Conduct Authority’s anticipated decision to approve the listing of Shein on the London Stock Exchange. Shein is alleged to source much of its product from factories in Xinjiang using forced labour. The proposed claim was likely one of several reasons Shein abandoned its planned listing.
  • Mighty Earth in opposing the listing of JBS on the New York Stock Exchange. JBS is alleged to be responsible for widespread illegal deforestation in the Amazon. Working with US attorneys, they advised on a notice to the NYSE highlighting the risk that the Stock Exchange itself might violate money laundering legislation if it approved the listing of JBS securities

Toby also advises a range of clients on ESG reporting and supply chain risks in the context of evolving domestic, European, and international regulations. Most recently, he has advised on:

  • risks in the supply chain of minerals extracted from the deep seabed under licences issued (outside the UNCLOS framework) by the United States.
  • risks for scope 3 reporting arising from upstream methane emissions in the supply chain.
  • deforestation risks in the supply chain

Having been New Zealand’s legal advisor through the negotiation of the Article 6.4 mechanism under the Paris Agreement, Toby has particular expertise in carbon markets and advises clients on the risks and opportunities they provide.

Toby advises individuals and corporate entities on the application the UK’s sanctions regimes. He is the co-author of the chapter on sanctions in National Security Law, Practice and Procedure (Ward and Blundell, 2nd ed). As Deputy Director, International Law for the New Zealand Government, he oversaw New Zealand’s implementation of UN Sanctions and its establishment of an autonomous sanctions regime to apply sanctions against Russia.

  • Garner’s Environmental Law (Lexis Nexis Butterworths): chapters on climate change law and renewable energy law.
  • Human Rights Practice (Simor, ed): chapter on freedom of expression
  • National Security Law, Practice and Procedure (Ward and Blundell, 2nd ed): chapter on sanctions
  • Judicial Review (Supperstone, Goudie and Walker): chapter on judicial review procedure
  • UN Minnesota Protocol on the Investigation of Potentially Unlawful Death (2017): coordinator/contributing author

London School of Economics (Oct 2006 – Jun 2007)

LLM (International Human Rights Law): Distinction

 

City University, London (Oct 2005 – June 2006)

Graduate Diploma in Law: Distinction

Lord Mansfield Scholar

 

Selwyn College, Cambridge University (Oct 1998 – June 2001)

BA (Hons) Social and Political Sciences: Double First Class (2nd highest in year)

Cambridge Commonwealth Scholar

Toby is committed to protecting and respecting your privacy. In order to provide legal services to their clients, including advice and representation services, Toby needs to collect and hold personal data. This includes their client’s personal data and the personal data of others who feature in the matter upon which they are instructed. To read Toby’s privacy notice in full, please see here.

Toby is regulated by the Bar Standards Board and accepts instructions under Standard Contractual Terms. To find out more information on this and the way we work at Matrix, including our fee transparency statement, please see our see our service standards

DIRECTORY RECOMMENDATIONS

"Toby Fisher is able to provide really practical and insightful solutions to take our matters forward." "Toby is a very impressive barrister. He's really on top of things and very good to deal with."

Chambers & Partners, 2025, Public International Law

"Toby is excellent. He has good judgement, sets clients at ease with his grasp of matters, and makes strong submissions, both in writing and on his feet. He is increasingly becoming one of the go-to barristers in environmental and planning challenges, especially those involving climate change."

Legal 500, 2025, Planning

"Toby is very intelligent, and hones in on the key legal issues of a case swiftly and confidently."

Legal 500, 2024, Environment
Matrix Chambers
24 HOUR ASSISTANCE
+44 (0)20 7404 3447
Called: 2008

“Toby is a superb lawyer and communicator who gets to to the heart of complex issues extremely quickly, while always retaining a strong sense of strategic purpose and direction”

MAIN AREAS OF PRACTICE

  • Commercial Public Law
  • International Arbitration
  • Investigations
  • Private International Law
  • Public International Law
  • Public Law
  • Civil Liberties and Human Rights
  • Environmental Law and Natural Resources
  • Health and Social Care (including welfare benefits)
  • Immigration, Asylum and Free Movement
  • Local Government Law
  • Public Law: Information, Data and Privacy
  • ESG
  • International Law
  • International Environmental Law and Law of the Sea

Toby Fisher

Contact Toby: tobyfisher@matrixlaw.co.uk | +44 (0)20 7404 3447

Contact Toby's Practice Team (Team X): TeamX@matrixlaw.co.uk


Toby practices across all areas of public and international law, with particular expertise in environment and human rights. He acts for States, corporations, central and local government, NGOs and individuals.

He has acted at all levels in the UK domestic system up to the Supreme Court, as well as in cases before the International Court of Justice, European Court of Justice, European Court of Human Rights, and Inter-American Court of Human Rights. He has led communications to UN Treaty Bodies and complaints to the National Contact Points of the OECD and to the World Bank’s Compliance Advisor/Ombudsman.

Between 2019 and 2022, Toby was Deputy Director, International Law for the New Zealand Government, where he advised on international environmental law, law of the sea, international human rights and humanitarian law, He led negotiations at the UNFCCC climate change conferences, at the International Seabed Authority, and in other multilateral fora.

International Law

Toby is an international lawyer with more than 15 years’ experience as a barrister in London as well as three years as the Deputy Director of International Law for New Zealand’s Ministry of Foreign Affairs and Trade. He is on the UK Attorney-General’s B panel of public international law counsel.

This page is split into three sections: (i) International Environmental Law/Law of the Sea; (ii) International Human Rights Law; and (iii) International Trade and Investment Law.

International Environmental Law / Law of the Sea

Toby acts in both public and private international law matters. He represents governments, corporations, NGOs and individuals. Notable recent and ongoing instructions include:

Alongside his disputes practice, Toby has a significant advisory element to his international environmental law practice, including recently advising:

  • Pew Trusts on a range of issues relating to international deep-sea mining (ongoing): see published opinions here, here and here.
  • A small island state on strategies to dissuade or delay unilateral activity in the seabed beyond national jurisdiction.
  • WWF on the continuing legality of the krill fishery managed under the Convention on the Conservation of Antarctic Marine Living Resources (2025).
  • A global NGO on investor rights and remedies in North Sea oil and gas fields if the UK were to end all new licensing (2025).
  • The Clean Air Taskforce on the development of an EU methane import standard (2024)

As Deputy Director, International Law for the New Zealand Ministry of Foreign Affairs and Trade (2019 – 2022), Toby was responsible for international law matters relating to climate change, biodiversity, oceans, and Antarctica. Among other things, he:

  • Supported the negotiation and promotion of the Pacific Islands Forum Leaders’ Declaration on Preserving Maritime Zones in the Face of Climate-Change Related Sea Level Rise.
  • Acted as Head of Delegation at the International Seabed Authority, developing New Zealand’s position on the Exploitation Mining Code and the response to Nauru’s triggering of the two-year rule.
  • Acted as Legal Adviser and Lead Negotiator on loss and damage, markets, and oceans issues at COP26.
  • Advised the New Zealand Government on domestic climate change litigation, carbon border adjustment mechanisms (CBAMs), and the operation of Article 6 of the Paris Agreement post COP26.
  • Advised on negotiations on the BBNJ treaty
  • Drafted New Zealand’s Third Person Note to the UN Secretary-General on the application of the UN Convention on the Law of the Sea to the South China Sea.
  • Managed New Zealand’s engagement with a range of regional fisheries management organisations, including WCPFC, SPRFMO, CCAMLR, and CCSBT.

Toby is member of the ICCA Panel of Experts responsible for devising a draft conciliation annex to the UNFCCC and Paris Agreement. He is the author of the chapter on climate change law in Garners Environmental Law and has particular expertise on the operation of carbon markets under Article 6 of the Paris Agreement.

International human rights law

Toby practices across both public and private international law. He represents governments, corporations, NGOs and individuals. Notable recent and ongoing instructions include:

  • Counsel for Mario Peters in Mario Peters v Attorney‑General of St Helena (2026), a constitutional claim challenging to the Civil Litigation (Costs) Ordinance 2025 for violation of the right of access to justice (ongoing).
  • Counsel for the Muddusjärvi Reindeer Herders’ Cooperative in UN Human Rights Committee complaint against Finland arising out of alleged violation of ICCPR Articles 27 (right to enjoy one’s culture) and 17 (privacy and family life) resulting from Finland’s failure to support indigenous Sámi reindeer herding communities in their adaptation to the impacts of climate change (ongoing).
  • Counsel to New Zealand in International Court of Justice proceedings brought by Ukraine against Russia relating to allegations of genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (2022 – 2025);
  • Counsel for Kyklos and Global GAP in Inter-American Court of Human Rights advisory proceedings concerning state obligations in response to the climate emergency within the framework of international human rights law (2025)
  • Counsel for Tanzanian claimants in Wambura & others v Barrick TZ Ltd and North Mara Gold Mine Ltd (2022-2024), a claim arising from alleged human‑rights abuses by police at the North Mara Gold Mine.

Alongside his disputes practice, he has a significant advisory element to his practice, including recently advising:

  • Multiple high net worth individuals facing requests for Interpol Red Notices or Diffusions on the compliance of such requests with the Interpol Constitution, data processing rules and/or international human rights norms.
  • The Ukrainian Orthodox Church on international human rights law remedies related to infringements of religious freedom resulting from Law 8371 of the Verkhovna Rada (2024-2025);
  • A global NGO on potential international human rights or international criminal law remedies to secure justice in respect of financial‑sector executives complicit in war crimes in Gaza (2024).

In his role as Deputy Director, International Law for the New Zealand Ministry of Foreign Affairs and Trade, Toby led the team responsible for general international law issues, on matters including the use of force, international human rights and humanitarian law, sanctions, counter-terrorism, malicious cyber activity, foreign interference, outer space, extradition, and private international law. Highlights included:

  • Managing New Zealand’s representations to the UN Human Rights Committee in response to communications alleging a breach of New Zealand’s obligations under the ICCPR.
  • Leading the development of New Zealand’s public position-statement on The Application of International Law to State Activity in Cyberspace.
  • Leading cross‑government strategic advice on mitigating the risk of aiding/assisting internationally wrongful acts.

International trade and investment law

Toby acts advise on the full range of international trade and investment law issues. Notable instructions include:

  • Counsel for Friends of the Earth in Woodhouse Investment Pte Ltd and West Cumbria Mining (Holdings) Ltd v United Kingdom (ICSID), an amicus intervention in these investor-state arbitral proceedings relating to an alleged violation of the FET standard in the 1975 UK-Singapore BIT arising out of a change in regulatory environment (as a result of climate change considerations) that led to the quashing of planning permission for a new coal mine in the UK (ongoing).
  • Counsel to the UK Department for Business and Trade defending threatened and subsequently abandoned proceedings relating to safeguard quotas in steel (residual quota caps) (2025).
  • Advising Woolworths New Zealand Limited on compatibility of proposed grocery divestment measures with investment protections under the ANZ CER Protocol on Investment (2023)
  • Advising a State on legal issues related to the 2017 boycott of Qatar by Saudi Arabia, UAE, Egypt and Bahrain (Jun–Nov 2017).

In his role as Deputy Director, International Law for the New Zealand Ministry of Foreign Affairs and Trade, Toby advised extensively on the overlap between international trade and investment law and international environmental law.

Environmental law

Toby is an environment and planning lawyer and experienced litigator and advocate, with particular expertise in planning, climate change, biodiversity, rivers, oceans and fisheries. He has more than 15 years’ experience as a barrister in London as well as three years as Deputy Director, International Environmental Law for New Zealand’s Ministry of Foreign Affairs and Trade. He is on the UK Attorney-General’s B panel of public law counsel.

Toby is the author of the chapters on climate change law and emissions trading in Garners Environmental Law and is a member of the Council of the UK Environmental Law Association.

Domestic environment and planning law

Toby’s domestic environment and planning practice is a combination of litigation and advisory work. He regularly acts in planning judicial reviews and section 288 appeals. Recent highlights include:

  • Counsel to Defra in responding to the information notice served by the Office for Environmental Protection alleging a failure to ensure the achievement of Good Environmental Status in the marine waters of the marine strategy area (ongoing 2026).
  • Counsel to Andrew Gibbon in Gibbon v Marine Management Organisation, an ongoing challenge to the decision of the MMO to grant a marine licence to PD Teesport Ltd to dispose of potentially toxic sludge at sea (ongoing 2026).
  • Counsel to Andrew Boswell in a successful pre-action challenge to the Secretary of State for Business and Trade’s decision to adopt the Industrial Strategy without first carrying out a lawful review of the strategy against the Environmental Policy Principles Statement (2025).
  • Counsel to Blue Marine in its appeal to the Court of Appeal against the order of the High Court in R (Blue Marine Foundation) v Secretary of State for Environment, Food and Rural Affairs [2025] EWHC 734 (Admin), an application for judicial review challenging the determination of fishing opportunities in UK waters at levels exceeding the scientific advice on sustainable TACs.
  • Counsel to Chris Packham in R (Packham) v Secretary of State for Energy Security and Climate Change, a successful judicial review claim challenging the abandonment of key policies in the Carbon Budget Delivery Plan (2025).
  • Counsel to Portsmouth City Council advising generally on all habitats aspects of its proposed Local Plan and successfully challenging (twice), by way of pre-action correspondence, the Secretary of State’s erroneous decisions that there are no imperative reasons of overriding public interest justifying adverse effects on protected habitats (ongoing 2026).
  • Counsel to Rights Community Action in a successful pre-action challenge to the decision of East Lindsey District Council to approve the making, and formal adoption, of the Skegness Gateway Local Development Order, thereby granting planning permission to more than 1000 market home in flood zone 3 (2025).
  • Counsel to Defra in defending threatened but abandoned claims for judicial review challenging the Secretary of State’s decisions to make (2025):
    • The Thames Estuary Cockle Fishery (No 2) (Variation) Order 2025; and
    • The Cambridge Waste Water Treatment Plan Relocation Development Consent Order 2025.
  • Counsel to the Health and Safety Executive in defending a threatened but abandoned claim for judicial review by Wild Justice, alleging a failure to make adequate arrangements for the enforcement of relevant obligations relating to the storage and use of second generation anticoagulant rodenticides (2025)
  • Counsel for the Secretary of State for Housing Communities and Local Government in successfully defending section 288 proceedings of the decisions of planning inspectors to grant planning permission for housing developments in Horsham (2025) and Kings Lynn (2025).
  • Counsel for Friends of the Earth in Friends of the Earth v Secretary of State for Housing, Levelling Up and Communities [2024] EWHC 2349 (Admin), a successful section 288 challenge to the decision to grant planning permission for the UK’s first new deep coal mine in 30 years.
  • Counsel to CPRE in R (CPRE) v Secretary of State for Transport [2023] EWHC 2917, a judicial review claim challenging the decision to grant development consent for the A57 Link Roads Scheme.
  • Counsel to Friends of the Earth v Secretary of State for Levelling Up, Housing and Communities [2023] EWHC 3255, the leading case on the duty of candour in section 288 proceedings.
  • Counsel to Coal Action Network in Coal Action Network v Merthyr Tydfil County Borough Council and the Welsh Ministers (2023), a judicial review claim challenging the failure of the local authority and Welsh Ministers to take enforcement action against Merthyr South Wales Limited in relation to an 11 month period of coal extraction without planning permission.
  • ACCC/C/2017/150 (United Kingdom), a successful complaint to the Aarhus Compliance Committee alleging the UK’s failure to comply with Articles 3 and 8 of the Aarhus Convention in the enactment of the EU Withdrawal Act 2018.

Toby’s international environmental law practice is set out in detail in the International Law section of this profile. Highlights include acting as:

Public and Regulatory Law

Toby acts and advises individuals, NGOs, corporates, and government departments on a wide range of public and regulatory law. He is a member of the Attorney-General’s B Panel of counsel. For Toby’s experience in environmental judicial review, see the environmental law section of this profile.

General public law

Toby advises and acts for a range of central government departments as well as for individuals, corporations and NGOs in judicial review proceedings. Recent instructions of note include:

  • Acting for the Department for Business and Trade in threatened proceedings by Greenpeace to challenge the Secretary of State’s decision to continue licensing UK Seabed Resources to carry out exploration activities in the area beyond national jurisdiction (ongoing).
  • Acting for the Secretary of State for Environment, Food and Rural Affairs in judicial review proceedings challenging the vires of charges raised by the Food Standards Agency for official controls carried out by veterinarians (ongoing).
  • Acting for Liberty in Liberty v Equality and Human Rights Commission [2025] EWHC 1504 (Admin), a challenge to the EHRC’s consultation on amendments to its guidance following the For Women Scotland judgment (2025).
  • Acting for the UK Department for Business and Trade in threatened proceedings relating to safeguard quotas in steel (residual quota caps) (2025).
  • Acting for the Secretary of State for Environment Food and Rural Affairs in defending threatened proceedings to challenge:
    • the closure of the Sustainable Farming Subsidy (2025);
    • The Thames Estuary Cockle Fishery (No 2) (Variation) Order 2025; and
    • The Cambridge Wastewater Treatment Plan Relocation Development Consent Order 2025.

Overseas Territories and Crown Dependencies

Toby acts in and advises on judicial review claims relating to the acts of governments of Overseas Territories and Crown Dependencies. He was involved in long-running litigation on behalf of the Seychelles Chagossians seeking a right of return (see R (Hoareau) v Secretary of State for Foreign and Commonwealth Affairs [2016] EWHC 2102 (Admin) and R (Hoareau and Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2019] EWHC 221 (Admin)). More recently, his instructions include:

  • R (Mario Peters) v Attorney-General of St Helena (ongoing), a constitutional claim challenging the Civil Litigation (Costs) Ordinance 2025 for violation of the right of access to justice (ongoing).
  • Advising Tamil asylum seekers detained on the British Indian Ocean Territory on litigation options.
  • Advising the Government of Guernsey in relation to statutory appeals against decisions relating to the open market housing register.

Regulatory

Toby advises and acts for individuals, corporates, and regulators in a range of regulatory disputes. Recent matters include:

  • Advising Defra on a range of matters relating to the Producer Obligations (Packaging and Packaging Waste) Regulations 2024 and the predecessor regime (2026).
  • Acting for a corporate client in an appeal before the GRC relating to alleged non-compliance with the Energy Savings Opportunity Scheme (2026).
  • Acting for Defra in ongoing judicial review proceedings challenging the vires for charges raised by the Food Standards Agency for official controls carried out at premises in England and Wales (2025)
  • Acting for Stop Uighur Genocide in a proposed claim against the Financial Conduct Authority’s anticipated decision to approve the listing of Shein on the London Stock Exchange.
  • Successfully defending the Health and Safety Executive against threatened, then abandoned, claims for judicial review relating to i) the vires for the Pesticides Annual Charge (2025); and ii) the discharge of regulatory obligations in respect of Second Generation Anti-Coagulant Rodenticides (2025).
  • Successful judicial review claims challenging the Animal and Plant Health Agency‘s decisions i) to revoke authorisation to import frozen day-old chicks (2024); and ii) to revoke approval for an approved finishing unit (2024).
  • Challenging the decision of the Environment Agency to grant an environmental permit for the operation of a waste coincineration plant (2024).
  • Successfully defending Ofsted in two judicial review claims challenging the outcome of school inspection reports: see R (All Saints Dunstable) v Ofsted [2024] EWHC 1792 (Admin) and R (Thomas Telford School) v Ofsted [2024] EWHC 880 (Admin).
  • Acting as the appeal body to determine appeals against the decisions of the Environment Agency under the Waste Electrical and Electronic Equipment Regulations 2013 (ongoing).

Immigration

Toby’s immigration practice is focused primarily on unlawful detention and family reunion. Recent cases include:

  • R (AH) v SSHD [2025] EWHC 3269 (Admin), a precedent-setting claim where the High Court found that the system operated at Brook House IRC violated Article 3 ECHR.
  • R (ZP) v SSHD (2025), a successful claim for judicial review challenging the claimant’s ongoing detention in circumstances where the Home Office was refused to provide section 95 or schedule 10 support.
  • R (IS) v SSHD (2024) (2025), two successful claims for judicial review of the Home Office’s refusal to facilitate reunion of an Afghan family on account of a refusal to treat visa applications as valid without biometrics but where the family could not safely make the journey to register biometrics.

Education

Toby acts for parents, schools, universities, and Ofsted in education judicial review claims. Recent cases include:

  • Successfully defending Ofsted against two judicial review claims challenging the outcome of school inspection reports: see R (All Saints Dunstable) v Ofsted [2024] EWHC 1792 (Admin) and R (Thomas Telford School) v Ofsted [2024] EWHC 880 (Admin).
  • Successfully challenging, by way of judicial review, two decisions by the Student Loans Company to refuse to grant student loans to children on section 3C leave.
  • Advising FCDO Families on potential remedies for misapplication by the Student Loans Company of section 1(4) of paragraph Education (Student Support) Regulations 2011 to the children of diplomats posted abroad.

Local Government

Toby regularly advises a range of local government clients on environment and planning, housing, highways, and property disposal matters. He is currently (Feb 2026) engaged in pre-action correspondence on behalf of a local community association challenging

Other

Toby appears in a range of other public law or public law adjacent matters including freedom of information appeals and appeals against decisions of the disclosure and barring service.

Group Claims

Toby is regularly instructed in international group claims arising out of environmental pollution or human rights violations abroad caused by a company domiciled in England and Wales. Recent cases include:

Inquiries

Toby has extensive experience, across multiple jurisdictions, in public inquiries. Previous instructions include:

  • Counsel to the British Business Bank in the Covid Inquiry (2024-2025)
  • Counsel to Lord Evans, Chair of the Committee on Standards in Public Life, in the Infected Blood Inquiry (2022)
  • Counsel to New Zealand’s Ministry of Foreign Affairs and Trade in the Government Inquiry into Operation Burnham and other matters, a judicial inquiry into alleged war crimes and human rights abuses by the New Zealand Defence Force in Afghanistan (Oct 2018 – Jun 2020).
  • Counsel to New Zealand’s Ministry of Foreign Affairs and Trade in the Royal Commission into the terrorist attack on Christchurch masjidain on 15 March 2019, a judicial inquiry into the Christchurch terrorist attack (May 2019 – Apr 2020).
  • Counsel to the New Zealand State Services Commissioner in the Government Inquiry into the Appointment Process for a Deputy Commissioner of Police (Jul – Dec 2018).
  • First Junior Counsel to the Independent Inquiry into Child Sexual Abuse (Apr 2015 – Dec 2016), an inquiry into the extent to which state and non-state institutions had failed in their duty of care to protect children against sexual exploitation.
  • Co-counsel for the South African Human Rights Commission in the Marikana Commission of Inquiry, a judicial inquiry into i) the events of 16 August 2012 at Marikana, South Africa, where 34 striking miners were shot dead by police; and ii) the extent to which a mining company, Lonmin plc, and various arms of South African national and local government, had complied with their environmental and human rights obligations (Oct 2012 – Feb 2015).
  • Junior counsel to the Leveson Inquiry into the culture, practices and ethics of the press, arising out of the ‘phone hacking’ scandal (Apr 2012 – Nov 2013).

ESG

Toby’s ESG practice draws on his expertise in international human rights and environmental law and his experience advising, and litigating against, companies in the extractives, agribusiness and retail sectors.

He acts for both complainants and respondents in:

  • proceedings before the OECD’s National Contact Points (most recently acting for WPP plc in a complaint brought by Adfree Cities and New Weather Institute alleging a failure to comply with the OECD Guidelines for Multinational Enterprises by allegedly contributing to the adverse climate impacts of its “high emitting” clients (ongoing).
  • proceedings before the World Bank’s Compliance Advisor/Ombudsman (previously acting for the Women of Marikana in respect of the IFC’s investment in Lonmin plc).
  • making representations to and appeals from the Paris Agreement Crediting Mechanism on the environmental and human rights impacts of carbon crediting projects (recently advising an NGO client on the relevant procedures)

Toby has a particular interest in supply chain due diligence, with a focus on risks arising from modern slavery and environmental crime. In 2025, he worked with Jamas Hodivala KC for:

  • Stop Uighur Genocide in a proposed claim for judicial review of the Financial Conduct Authority’s anticipated decision to approve the listing of Shein on the London Stock Exchange. Shein is alleged to source much of its product from factories in Xinjiang using forced labour. The proposed claim was likely one of several reasons Shein abandoned its planned listing.
  • Mighty Earth in opposing the listing of JBS on the New York Stock Exchange. JBS is alleged to be responsible for widespread illegal deforestation in the Amazon. Working with US attorneys, they advised on a notice to the NYSE highlighting the risk that the Stock Exchange itself might violate money laundering legislation if it approved the listing of JBS securities

Toby also advises a range of clients on ESG reporting and supply chain risks in the context of evolving domestic, European, and international regulations. Most recently, he has advised on:

  • risks in the supply chain of minerals extracted from the deep seabed under licences issued (outside the UNCLOS framework) by the United States.
  • risks for scope 3 reporting arising from upstream methane emissions in the supply chain.
  • deforestation risks in the supply chain

Having been New Zealand’s legal advisor through the negotiation of the Article 6.4 mechanism under the Paris Agreement, Toby has particular expertise in carbon markets and advises clients on the risks and opportunities they provide.

Sanctions

Toby advises individuals and corporate entities on the application the UK’s sanctions regimes. He is the co-author of the chapter on sanctions in National Security Law, Practice and Procedure (Ward and Blundell, 2nd ed). As Deputy Director, International Law for the New Zealand Government, he oversaw New Zealand’s implementation of UN Sanctions and its establishment of an autonomous sanctions regime to apply sanctions against Russia.

Publications

  • Garner’s Environmental Law (Lexis Nexis Butterworths): chapters on climate change law and renewable energy law.
  • Human Rights Practice (Simor, ed): chapter on freedom of expression
  • National Security Law, Practice and Procedure (Ward and Blundell, 2nd ed): chapter on sanctions
  • Judicial Review (Supperstone, Goudie and Walker): chapter on judicial review procedure
  • UN Minnesota Protocol on the Investigation of Potentially Unlawful Death (2017): coordinator/contributing author

Education

London School of Economics (Oct 2006 – Jun 2007)

LLM (International Human Rights Law): Distinction

 

City University, London (Oct 2005 – June 2006)

Graduate Diploma in Law: Distinction

Lord Mansfield Scholar

 

Selwyn College, Cambridge University (Oct 1998 – June 2001)

BA (Hons) Social and Political Sciences: Double First Class (2nd highest in year)

Cambridge Commonwealth Scholar


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DIRECTORY RECOMMENDATIONS

"Toby Fisher is able to provide really practical and insightful solutions to take our matters forward." "Toby is a very impressive barrister. He's really on top of things and very good to deal with."

Chambers & Partners, 2025, Public International Law

"Toby is excellent. He has good judgement, sets clients at ease with his grasp of matters, and makes strong submissions, both in writing and on his feet. He is increasingly becoming one of the go-to barristers in environmental and planning challenges, especially those involving climate change."

Legal 500, 2025, Planning

"Toby is very intelligent, and hones in on the key legal issues of a case swiftly and confidently."

Legal 500, 2024, Environment