Tobias Eaton

Tobias has developed a traditional common law practice gaining experience in a diverse number of fields of practice including immigration and asylum law, general civil litigation, regulatory crime, and family.

Tobias started out in local government practice, being retained Counsel for several local authorities around the country, even standing in as head of the civil and criminal litigation teams for one notable London local authority. He has thus gained extensive experience in matters as varied as food hygiene, health and safety, environmental prosecutions, planning, housing, property, education, and all other matters routinely dealt with by city and county councils. He has also been retained by the Home Office for several years both advising on immigration claims and appearing in appeals at tribunals all over the country.

Tobias has lectured at universities both on the solicitor’s training course and for undergraduate and postgraduate law faculties. He is a fully qualified mediator and has travelled out of the jurisdiction on many occasions to represent clients as far afield as Australia. He has developed a niche in entertainment, sports and intellectual property law having achieved a distinction in a LLM degree in the subject. He is also a keen sportsperson and thus retains a personal interest in lots of outdoor adventure.

Tobias range of experience means that he often takes on unusual or tricky cases and is known to ‘think outside the box’ and find solutions and compromises to even the most polarised disputes. He prides himself on being approachable and down to earth both in his approach to clients and in his advocacy before the courts.

1. Southward Housing Cooperative Ltd v Walker [2015] EWHC 1615 landmark case on the security of cooperative tenancies with Secretary of State intervening;
2. Pilot Housing Mediation Scheme 2013-2015 Devised and implemented social housing mediation pro bono pilot scheme for ADR with social landlords through Arden Chambers
3. M v Universal Music Publishing [2014] (recovery of royalties out of the jurisdiction) recovery of unpaid fees from record sales in Japan and South East Asia held in undisclosed accounts with Universal Group
4. 2012 LBH Review LB Haringey: Reviewing and drafting new bye laws for the London Borough of Haringey and specially to limit the rising use of mechanically propelled machines in public spaces such as motorised cars, drones, and other model aircraft; electric scooters and skateboards
5. R v Richard Hussey 2011 (application for reference to European Court of Human Rights)(unreported) concerning complaint about the right not to incriminate oneself for threat of prosecution in context of s172 RTA.
6. Lynch v Kirby [2010] All ER (D) 114 (Mar); [2010] EWHC 297: important development on the classic distinction between a licence and a tenancy
7. LB. Haringey v Tshilumbe [2009] All England Reports (Digest) 132(Oct); [2009] EWHC 2820 (Admin): Case stated to the divisional court with regard to food hygiene prohibition notices and the evidence required to demonstrate a breach in respect of the provision of food where a notice was in effect.
8. Lambeth London Borough Council v Onayomake: CA 19 Oct 2007: important case dealing with principles to be applied for an application for relief from sanction under the civil procedure rules.

LLB:  School of Oriental and African Studies University of London

LLM (distinction): Entertainment Law, University of Westminster

Certificate in Legal Method (distinction), Birkbeck College University of London

Bar Vocational Course: Inns of Court School of Law

Tobias has dealt with pretty much all matters which are litigated by local authorities including:

• General civil litigation,
• Planning prosecutions including breach of enforcement notices and breaches of planning conditions;
• Environmental crime including illegal waste disposal, noise nuisance, street obstruction and pollution;
• Education including school admission appeals
• Housing including possession claim; anti-social behaviour, illegal evictions and disrepair
• Food Hygiene
• Health and Safety prosecutions
• Crime including benefits prosecutions

Tobias has a strong Family Law practice, both in public and private family law matters. He has represented individuals, and local authorities in care proceedings and is able to provide sensitive, robust, and expert advice and representation.