Scope of Duty and Causation: Chester v Afshar Revisited - Jun 2019
Isabel McArdle has extensive experience in healthcare law (including clinical negligence, cross-over public law matters, personal injury and inquests), public law (including human rights and public inquiries) and indirect tax. She acts for Claimants and Defendants and was appointed to the Attorney General’s C Panel in 2014.Clinical Negligence
Isabel’s experience is wide ranging and includes birth injuries, wrongful birth, surgical complications, and orthopaedic injuries. She has particular experience in human rights claims arising in the healthcare setting.
Her inquest experience has had an emphasis on surgical problems and general practice diagnosis and referral.
- Ian Paterson litigation: (Acted for various Claimants against a Consultant Breast Surgeon facing allegations including performing an unauthorised mastectomy technique and unnecessary surgical procedures.)
- Inquest into the Death of John Moore-Robinson: (Acted for the family of the Deceased, whose internal bleeding was not diagnosed at A&E, resulting in his death shortly after. This was a second inquest, involving care provided by the Mid Staffordshire NHS Foundation Trust.)
Isabel has particular experience in VAT, for both taxpayers and HMRC, and also has experience in customs, excise and rating.
- Paul Newey T/A Ocean Finance v HMRC: Acts for HMRC in this appeal concerning abuse of law in the context of an offshore structure, created to reduce VAT payable in the UK. Recently heard in the Court of Appeal.
- Universal Cycles Ltd, Brands Holdings Ltd & SportsDirect.com Retail Ltd v HMRC: Resisted an application for permission to bring judicial review challenging decisions relating to customs duty, anti-dumping duty and VAT on imported bicycles.
- Sub One Ltd T/A Subway v Commissioners for HMRC: Acted for the Appellant company in the Court of Appeal and Upper Tribunal. The case involves key issues of European law and domestic legislation concerning the VAT liability of the supply of takeaway food which has been heated.
Isabel’s experience includes in particular personal injuries within the human rights context.
- Challenger 2 litigation: Led in joined cases involving questions of combat immunity and the imposition of a duty of care in a warzone.
- B v Ministry of Defence: Acted as junior counsel for the Defendant in the Supreme Court. This major authority concerned nuclear testing in the South Pacific in the 1950s, and clarified the law on limitation in personal injury actions.
Isabel practises in both Claimant and Defendant public law and human rights cases, including in the fields of healthcare, tax, and immigration. She appears regularly in judicial review proceedings in the High Court and Upper Tribunal (Immigration and Asylum Chamber).
- Association of British Insurers v The Lord Chancellor, Association of Personal Injury Lawyers (Interested Party): Acted for the Interested Party, successfully supported the Lord Chancellor in resisting an application for interim relief and judicial review, challenging the Lord Chancellor’s decision to announce the result of her review of the discount rate, used to calculate future personal injury losses, in early 2017.
- MF v Secretary of State for Defence: For the Appellant. Judge Rowland clarified key aspects of the War Pensions Scheme.
- The Al Sweady Public Inquiry (2010-2014, Chairman: Sir Thayne Forbes): Led for the military witnesses. This Inquiry concerned events in Iraq following the invasion of 2003, and British handling of Iraqi detainees.
- Baha Mousa Public Inquiry (2010, Chairman: Sir William Gage): Led for the military witnesses. These Inquiry concerned events in Iraq following the invasion of 2003, and British handling of Iraqi detainees.
Owain Thomas QC and Isabel McArdle successful in Abuse of Law Appeal - Apr 2018
Owain Thomas QC and Isabel McArdle appear in Court of Appeal in Abuse Case and Tax Avoidance - Feb 2018
Owain Thomas QC and Isabel McArdle successful in resisting permission in tax judicial review - Feb 2018
Philip Havers QC and Isabel Mcardle represent APIL in a judicial review brought by the Association of British Insurers - Jan 2017
Profits from the sale of the Inquest Book given to the Bar Pro Bono Unit - Nov 2016
Is Crowdfunding the New Way of Financing Judicial Reviews? - Nov 2016
Clodagh Bradley and Isabel McArdle appear in inquest into the death of a cyclist with undiagnosed ruptured spleen - Sep 2014
Owain Thomas wins for HMRC in Court of Appeal VAT dispute with Sub-One represented by Philippa Whipple QC and Isabel McArdle - Jun 2014
New appointments to the Attorney General’s A and C Panels - Feb 2014
Pupillage Inside Out: new guide to pupillage by Isabel McArdle and former 1COR pupil Daniel Sokol is published - Jun 2013
Nine members of 1COR involved in Al-Sweady Public Inquiry - Mar 2013
Owain Thomas wins for HMRC in VAT dispute with Sub-One represented by Philippa Whipple QC and Isabel McArdle - Oct 2012
Team of four from 1COR in Supreme Court win in nuclear testing limitation case - Mar 2012