Isaac has a specialist clinical negligence and personal injury practice. He has particular interest and expertise in clinical negligence, insurance indemnity disputes, credit hire and inquests, as well as more general personal injury work. A growing number of Isaac’s instructions relate to cases involving chronic pain, brain injuries and fatalities. Isaac is often instructed by defendants in cases involving allegations of fraud.
Isaac is an experienced advocate and appears in court most days.
He also provides written advice on liability, quantum, evidence and procedure, drafts statements of case and advises in conference.
In addition to his civil practice, Isaac is often instructed to represent families at inquests, particularly those arising from deaths in hospitals.
Isaac acts for claimants and defendants in all aspects of personal injury including road traffic accidents, employer’s liability, occupier’s liability, product liability, public liability, cases under the Highways Act and cases under the Animals Act.
Much of his work is for local government, including local authorities, highways authorities and schools.
Isaac is increasingly instructed in serious injury cases, including cases involving chronic pain, brain injuries and fatalities.
Many of Isaac’s instructions for defendants involve allegations of fraud, or indemnity issues (see below).
Examples of Isaac’s work include:
- Numerous ongoing matters involving allegations of fraud arising from surveillance and social media evidence.
- A v C – acted for the Claimant in a case brought under the Animals Act after she was injured by a neighbour’s dog. Settled following a settlement meeting for £50,000.
- Khalid v AXA (2017) – successfully had claim struck out for fraud upon conclusion of the Claimant’s evidence in a liability disputed road traffic accident. QOCS disapplied and costs ordered.
- English v Burnt Mill Academy Trust (2016) – instructed for Defendant where the Claimant was a schoolboy who fell over a bollard which served no purpose and was removed after the accident. Claim dismissed. Decision of HHJ Moloney QC. Reported on Westlaw and Lawtel.
Isaac has a varied and growing clinical negligence practice, and has acted or advised in cases including:
- negligent surgeries,
- pressure sores,
- delayed diagnoses,
- spinal cord injuries,
- cases involving sepsis,
- substandard dental care,
- failure to provide informed consent,
- injury at birth, including stillbirth cases,
- claims by secondary victims following negligent medical treatment
Isaac acts predominantly on behalf of claimants in his clinical negligence practice.
Isaac’s clinical negligence work includes drafting pleadings, drafting agendas for expert meetings, and advising on paper and in conference.
In addition to working on cases against hospitals and GPs, Isaac has been involved in cases involving claims against cosmetic practitioners and pharmacists.
Recent examples of Isaac’s clinical negligence work are:
- L v An NHS Trust – acting for a claimant rendered T3 Frankel B paraplegic by failure to evacuate spinal haematoma, as junior to William Audland QC (ongoing).
- B v An NHS Trust – acted for a claimant who suffered a ‘drop foot’ following failure to evacuate a post-operative haematoma. The case was advanced on the basis of consent arguments. Settled at a JSM for £70,000. Read case report here.
- Re Z (Deceased) – acted for the estate of a man who died due to mismanaged diabetes. Settled for £245,000.
- Re HC (Deceased) – acted for the estate in a delayed diagnosis of lung cancer case. Settled for £60,000.
- Ali v Carr (2017) – acted for the successful claimant in a cosmetic negligence case where damages were assessed in the High Court at £52,744.45, including PSLA of £18,000. Read case report here.
- X v An NHS Trust – acted for the successful claimant in a fatal case involving failure to treat sepsis which was settled for £55,000.
- Y v An NHS Trust – acted for the successful claimant in a case involving delayed diagnosis of lung cancer, which settled for £60,000.
Isaac is also instructed in inquests where clinical negligence is suspected.
Before coming to the Bar, Isaac worked in the clinical negligence department at Stewarts Law LLP. He gained extensive experience working on injury at birth cases, spinal injury cases (including cauda equina), and fatality cases.
His LLM dissertation focused on the effective utilisation of expert evidence by claimants in clinical negligence cases.
Isaac has experience of acting in inquests, especially those involving hospitals.
Isaac has been instructed both by families, and by other interested persons, including retirement homes. He has also been instructed by the insurers of the deceased in cases with a personal injury background.
In addition to representation at inquest hearings, Isaac advises interested persons in preparation for inquests, and is happy to attend pre-inquest reviews.
Isaac has recently acted in the following inquests of note:
- Re P – hospital inquest where the deceased had died from sepsis following a post-surgical infection. Isaac was instructed by the family.
- Re W – hospital inquest where the deceased had died following a failure to prescribe and administer anticoagulants. Isaac was instructed by the family. The Coroner made a finding of neglect.
- Re G – the deceased suffered smoke inhalation injuries after her Hotpoint dishwasher caught fire. Isaac was instructed by the family. Hotpoint instructed a silk.
- Re J –hospital inquest where a child had died from sepsis. The Coroner made a finding of neglect. A full case note is available on the 12KBW website. The case has also been reported in the The Sunday Times.
Isaac has considerable experience and expertise in representing defendants in credit hire matters. He is extremely familiar with all the leading decisions and is frequently asked to advise on behalf of insurers, both in respect of individual cases and in respect of general tactics and strategy.
He has written a number of articles and case comments on credit hire, including a comment on Stevens v Equity  EWCA Civ 93 published in the PI Brief Update Law Journal.
Isaac has a growing practice in advising insurers on policy and coverage disputes, particularly in the context of road traffic accidents. He is often instructed to draft defences or to advise in cases where indemnity disputes arise between insurers and their policyholders. He is also frequently instructed to advise insurers on their status as against other insurers.
He has recently advised in cases involving the following issues:
- Whether various types of use fell within the terms of a policy, including:
- use of a vehicle as a weapon;
- fast food delivery;
- Whether the correct insurer to conduct a defence was an EL or motor insurer, and how to resolve the issues between those insurers;
- Whether an uninsured defendant who conducted her own defence and satisfied her own judgment could be liable to the MIB in costs.
He frequently delivers training on insurance indemnity and cases involving the Motor Insurers’ Bureau (‘the MIB’). He has recently written a case comment on the important decision of Advantage Insurance v (1) Stoodley (2) Trinity Lane, which was concerned with the liability of insurers providing cover under a DOC extension. Click here to read the article.
He also acts for claimants in cases against the MIB.
A signification proportion of Isaac’s personal injury practice involves cases containing allegations of fraud including LVI, induced accidents, and fraudulent exaggeration.
Isaac is regularly instructed to advise in writing and in conference on behalf of defendants in cases where fraud is suspected.
He is familiar with the application of section 57 of the CJCA 2015, and has frequently had QOCS disapplied on the basis of findings of fundamental dishonesty.
In the recent case of Khalid v AXA (2017), Isaac successfully applied to strike out the claim upon the conclusion of the Claimant’s evidence. QOCS were disapplied. A report on the case can be found here.
In another recent case, (1) Howell (2) Walker v Brindley Asphalt Ltd (2017), Isaac represented the Defendant; following a two-day trial, C1’s claim was dismissed upon an application under section 57 CJCA 2015 for a finding of fundamental dishonesty, with an order for indemnity costs – a case summary can be found here.
Isaac has acted in numerous cases involving product liability disputes. Recent examples include:
- A fatal case where a woman died in a fire caused by a faulty dishwasher,
- Several cases in which consumers were injured by faulty cooking equipment,
- A case in which it was alleged that a consumer was injured when riding a faulty quad bike.
Isaac has experience in a range of professional negligence work. He has recently advised in a negligence case against solicitors for under-settlement of a personal injury claim.
He has also acted in numerous claims regarding the allegedly negligent installation and maintenance of boilers and security systems.
Isaac is particularly experienced in advising in complex multi-party contribution and indemnity proceedings arising out of injury or property damage.
Isaac is well-versed in all matters of costs relating to his areas of practice and is regularly instructed to appear in CCMCs and costs applications. He is happy to accept instructions to appear at detailed assessment hearings.
Isaac has experience of successfully arguing that third party costs orders should be made against credit hire companies.
LLM (Commendation), City University
BPTC (Very Competent), City University
GDL (Commendation), City University
MA (Oxon), English Language and Literature, Corpus Christi College, Oxford
GDL Scholarship, Gray’s Inn
Bedingfield Scholarship, Gray’s Inn
Arden Scholarship, Gray’s Inn
Personal Injury Bar Association (PIBA)
Professional Negligence Bar Association (PNBA)
Accidents Against Medical Accidents (AvMA)
Case note: Hotpoint dishwasher inquest