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Isabel McArdle

Call:  2008 

Profile

Isabel 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. 

Healthcare / Personal Injury Law
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.

Notable cases include:

Ian Paterson litigation, in which Isabel acts 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, in which Isabel 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 troubled Mid Staffordshire NHS Foundation Trust.

Challenger 2 litigation, in which Isabel is led by David Evans QC, in joined cases involving questions of combat immunity and the imposition of a duty of care in a warzone.

B v Ministry of Defence, Supreme Court, in which Isabel acted as junior counsel for the Defendant, led by Charles Gibson QC and Leigh-Ann Mulcahy QC. This major authority concerned nuclear testing in the South Pacific in the 1950s, and clarified the law on limitation in personal injury actions.  

L v Health and Care Professions Council, High Court, in which Isabel acted as junior counsel led by Neil Garnham QC for the Applicant clinical psychologist challenging the Respondent's Conduct and Competence Committee's decision to strike her off the register of her profession.

Public Law, Human Rights and Public Inquiries
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). 

Notable cases include:

MF v Secretary of State for Defence, in which Isabel acted for the Appellant. Judge Rowland clarified key aspects of the War Pensions Scheme.

The Al Sweady Public Inquiry (2010- 2014, Chairman: Sir Thayne Forbes) and Baha Mousa Public Inquiry (2010, Chairman: Sir William Gage), led by Neil Garnham QC, acting for the military witnesses. These Inquiries concerned events in Iraq following the invasion of 2003, and British handling of Iraqi detainees.

Indirect Tax          
Isabel has particular experience in VAT, for both taxpayers and HMRC, and also has experience in customs, excise and rating. 

Notable cases include:                                  

Paul Newey T/A Ocean Finance v HMRC, shortly to be heard in the Court of Appeal, in which Isabel acts for HMRC. This appeal concerns abuse of law in the context of an offshore structure, created to reduce VAT payable in the UK. Isabel is led by Owain Thomas QC.

Sub One Ltd T/A Subway v Commissioners for HMRC in the Court of Appeal and Upper Tribunal, led by Philippa Whipple QC, acting for the Appellant company. 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.

Qualifications

BA (Hons) in Jurisprudence, Brasenose College, University of Oxford (2007)
Lincoln’s Inn Lord Denning Scholarship (2007)
Lincoln’s Inn Hardwicke Scholarship (2007)

Publications

Isabel authors legal articles and chapters of textbooks, including contributing to APIL Personal Injury Law, Practice and Precedents (Lexis Nexis), and The Inquest Book (Hart Publishing).

She co-wrote Pupillage Inside Out: How to Succeed as a Pupil Barrister (Sweet & Maxwell, 2013).

Appointments

Attorney General's C Panel of Junior Counsel to the Crown, 2014

Memberships

Isabel is a member of the Constitutional and Administrative Law Bar Association, Personal Injury Bar Association, the Revenue Bar Association and VAT Practitioners Group.

Other information

VAT Registration No:  993 7665 51

 
 

Phone Clerk
020 7797 7500

Email Clerk

News

Philip Havers QC and Isabel Mcardle instructed by Hodge Jones Allen to act for APIL in a judicial review brought by the Association of British Insurers
Profits From The Sale of The Inquest Book Given to The Bar Pro Bono Unit
Is Crowdfunding the New Way of Financing Judicial Reviews?
Clodagh Bradley and Isabel McArdle appear in inquest into the death of a cyclist with undiagnosed ruptured spleen, following discharge from Stafford Hospital.