Barry Isaacs
Areas of Specialisation:
commercial/chancery; reconstruction/insolvency; company; professional
negligence; insurance; banking; civil procedure.
Summary of Practice:
Recent cases in the areas of
financial
reconstruction and insolvency include:
-
Re Whistlejacket
Capital Ltd [2008] EWHC 463 (Ch) and [2008] EWCA 575; Re Cheyne Finance plc [2007] EWHC 2116 (Ch), [2008] BCC
182 and [2008] EWHC 648 (Ch); Rhinebridge plc; Golden
Key Ltd; in relation to declarations of insolvency, payment obligations,
priorities, and restructuring of structured investment vehicles;
-
Advising
creditors of other SIVs such as Sigma Finance Inc and
Orion Finance Corp;
-
advising the FSA
on possible reforms to the framework for dealing with banks in distress;
-
Dolphin Quays v Mills [2007] 4 All ER 503 and [2008] EWCA Civ 385, a claim that
receivers personally pay the costs of unsuccessful proceedings brought as
agents of the mortgagor.
Recent
cases relating to commercial and financial transactions and fraud
include:
-
Mainstream Properties Ltd v Young
[2008] AC 1, HL, the
leading case on inducing breach of contract;
-
acting for the government of
-
acting for MG Rover group liquidators on claims by shareholders and Land Rover based on restitution and
subrogation;
-
acting for Natwest Bank plc in proceedings for a declaration of
priority between mortgagees [2007] EWHC 287 (Ch).
Barry has appeared in a
number of major commercial trials, including Three Rivers DC v Bank of
England, the Bermuda Fire & Marine Insurance litigation (9-month
trial in Bermuda), and NEMGIA v AGF.
Barry is a qualified actuary, and has been involved in many insurance-related
matters. He has recently advised or appeared for:
-
Equitas on a restructuring by way of Part VII transfer;
-
Prudential
Assurance Company on a reattribution of its inherited estate;
-
solvent WFUM
Pools’ companies on a cut-off scheme of arrangement;
-
a
Barry acted for Equitable Life Assurance Society in relation to its scheme-based reconstruction [2002] 2 BCLC 510 and in relation to misselling claims which were not compromised by the scheme. He appeared for Lloyd’s of London in disputes with various Names and in Re OT Computers [2004] 1 All ER (Comm) 320; [2004] Ch 317, CA (third-party rights against insurers).
Barry has particular expertise
relating to privilege, disclosure and procedure. He appeared in the
Court of Appeal or House of Lords in the following cases arising from the BCCI
collapse:
[2005]
1 AC 610, HL (legal professional privilege)
[2005] EWCA Civ 933, CA
(hearings in private)
[2005] EWCA Civ 889, CA
(cross-examination)
[2004]
QB 916, CA (legal professional privilege)
[2003]
2 AC 237, HL (summary judgment)
[2003]
1 WLR 210, CA (disclosure)
[2003]
QB 1556, CA (legal professional privilege)
Other
reported cases include:
Re Crompton’s Leisure [2007] BCC 214 (administration)
Re a
Company (No 2507 of 2003) [2003] 2 BCLC 346 (costs)
Re Stallton Distribution [2002] BCC 486
(administration)
Munns v Perkins [2002] BPIR 120
(remuneration)
Society of
Lloyd’s v Waters [2001] BPIR 698 (bankruptcy)
Re Mathew [2001]
BPIR 531 (statutory demand)
Cevello v Currys Group [2000] BPIR 976 (procedure)
Judd v
Brown [1999] BPIR 517, CA; [1997] BPIR 470 (sale of matrimonial property)
Re Raval [1998] BPIR 389 (sale of matrimonial home)
Re Salters Hall School [1998] BCC 503 (remuneration)
McMahon v
AGF [1997] 2 BCLC 191 (damages)
Re Pendigo [1996] BCC 608 (costs)
Career and Qualifications:
1994 - present
Barrister
1991 -
1993 Henderson Investors
plc
Investment Manager, Venture Capital
1987 - 1991 Bain
& Company
Strategy Consultant
1989 Associate
of the Society of Actuaries
1989
1987