“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”
Toby practises across all areas of public and international law, with particular expertise in environment and human rights law. He returned to practice in May 2022 after three and a half years acting as Deputy Director, International Law for the New Zealand Government.
Toby advises and represents States, corporations, public bodies, NGOs and individuals in complex disputes. He is adept at leading multi-disciplinary teams to deliver successful litigation outcomes.
As counsel, Toby’s international human rights work has included acting as:
As Deputy Director of International Law for the New Zealand Government, Toby was responsible for representing and advising the New Zealand Government on international human rights and international humanitarian law matters. He managed New Zealand’s communications to the UN Human Rights Committee, advised on the international law aspects of New Zealand’s COViD response, contributed to the development of the Christchurch Call to Eliminate Terrorist and Violent Extremist Content Online, and led the development of cross-government strategic advice on mitigating the risk of aiding or assisting internationally wrongful acts, in response to the Inspector-General of Intelligence and Security’s report on alleged complicity of the New Zealand intelligence agencies with the CIA detention programme. Toby also co-led the development of a New Zealand Detention Policy Framework, arising out of the report of the Government Inquiry into Operation Burnham and other matters, an inquiry into alleged war crimes and human rights abuses carried out by New Zealand Defence Force in Afghanistan.
As counsel, Toby has acted in complex international disputes arising out of environmental pollution, including:
As Deputy Director of International Law for the New Zealand Government, Toby was responsible for representation and advice to the New Zealand Government on all aspects of international environmental law. He was New Zealand’s legal adviser and lead negotiator on loss and damage at COP26 and has advised on all aspects of the UNFCCC and Paris Agreement, including in the context of domestic climate change litigation, proposals for carbon border adjustment mechanisms (CBAMs), and the operation of Article 6 of the Paris Agreement. He oversaw New Zealand’s legal advice relating to the Convention on Biological Diversity and its Nagoya Protocol, as well as in relation to the suite of obligations arising under international chemicals and waste conventions.
As Deputy Director of International Law for the New Zealand Government, Toby led the team responsible for law of the sea through two major negotiations: a negotiation at the United Nations of a new treaty on biodiversity beyond national jurisdiction (BBNJ); and the negotiation at the International Seabed Authority (ISA) of a regulatory framework to govern mining of the seabed beyond national jurisdiction. He contributed to 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, and the drafting of 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 situation in the South China Sea.
Toby also has expertise in international fisheries law, having engaged in New Zealand’s participation in regional fisheries management organisations (RFMOs) and negotiations in the UN General Assembly and the FAO. He advised the New Zealand Government on the international law aspects of establishing a large marine sanctuary in New Zealand’s exclusive economic zone.
Toby has experience across a diverse range of domestic public law matters, having advised and acted for corporations, government departments, arms-length bodies, local government, NGOs, and individuals. He has expertise in public inquiries, planning and environmental law, immigration and asylum, healthcare, social security, community care. He is a member of the UK Attorney-General’s B panel of counsel.
Toby was counsel to the Chagossian Committee Seychelles and acted in 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), judicial review proceedings relating to the UK Government’s decisions to refuse to allow those exiled from the Chagos Islands to return home.
Toby has acted in unlawful detention / false imprisonment claims, asylum and trafficking claims, and general Points Based System judicial reviews. He has acted for government as well as individuals. Notable cases include:
In the social security / healthcare field, Toby has advised and acted for claimants and for the Department of Health and Department for Work and Pensions in judicial reviews, Upper Tribunal appeals, and in the Court of Appeal. Notable cases included:
Toby has also advised and acted in a range of other areas of public law, including in mental health tribunals and mental health judicial reviews (R (M) v London Borough of Hammersmith and Fulham [2011] EWCA Civ 77), and freedom of information appeals.
Toby has regularly appeared in planning inquiries and judicial review proceedings on a range of environment and planning matters. He has advised a range of clients on planning and environmental law matters, including in particular on Environmental Impact Assessment and compliance with the Habitats Regulations. He has advised local authorities on the development of their Local Plans and NGOs in relation to their advocacy and legal strategy. Notable appearances include acting for:
Toby has extensive experience, across multiple jurisdictions, in public inquiries.
Selwyn College, Cambridge University (Oct 1998 – June 2001)
City University, London (Oct 2005 – June 2006)
London School of Economics (Oct 2006 – Jun 2007)
CEDR accredited mediator and a member of the Chartered Institute of Arbitrators.
Legal consultant/associate producer for BBC Radio 4’s flagship legal programme ‘Unreliable Evidence’ (2007-12) and BBC World’s ‘The Legal World’ (2011).
Prior to his career as a lawyer, Toby was an award-winning actor in film, television and theatre.
Toby is committed to protecting and respecting your privacy. In order to provide legal services to his clients, including advice and representation services, Toby needs to collect and hold personal data. Toby’s Privacy Notice contains full details of when, why and how he will store and process personal data. To read his Privacy Notice, please click here.
“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”
Contact Toby: tobyfisher@matrixlaw.co.uk | +44 (0)20 7404 3447
Contact Toby's Practice Team (Team X): TeamX@matrixlaw.co.uk
Toby practises across all areas of public and international law, with particular expertise in environment and human rights law. He returned to practice in May 2022 after three and a half years acting as Deputy Director, International Law for the New Zealand Government.
Toby advises and represents States, corporations, public bodies, NGOs and individuals in complex disputes. He is adept at leading multi-disciplinary teams to deliver successful litigation outcomes.
Toby is committed to protecting and respecting your privacy. In order to provide legal services to his clients, including advice and representation services, Toby needs to collect and hold personal data. Toby’s Privacy Notice contains full details of when, why and how he will store and process personal data. To read his Privacy Notice, please click here.