Isabel Buchanan

Acting for the Appellant in an appeal brought under s.192 of the Communications Act 2003 against a decision contained in a statement made by Ofcom in September 2021, relating to Openreach's new proposed pricing arrangements for FTTP services. 

Advising Government Departments on the ECHR compliance of proposed legislation and policy.  

Acting for the Claimant (with Charlotte Kilroy QC and Tom Lowenthal) in her successful claim against the Commissioner of Police of the Metropolis and the National Police Chiefs' Council.  The Investigatory Powers Tribunal found that the police had breached Articles 3, 8, 10, 11 and 14 ECHR in deploying undercover police officers to spy on protest groups in the late 1990s and 2000s. 

Successfully acted for the appellant in an appeal against refusal of asylum.  

Represented the Secretary of State in a successful application for judicial review of the Parole Board's refusal to reconsider a release direction made in error.  The High Court held that the Parole Board's decision was a nullity and there was therefore no valid release direction.  In obiter comment, the Court noted, however, that the Secretary of State has no power to 're-refer' a prisoner's case to the Parole Board.  (With Sir James Eadie QC and Jason Pobjoy.)

Acting for the ASA in defence of a County Court claim brought in relation to investigation of a complaint, and a related application for strike out and/or summary judgment. 

Acting for the claimant in a judicial review challenging the Home Secretary's decision (i) not to consider, and apply her "Exclusion from the UK" policy to, a dossier of material provided by the claimant in support of his request for exclusion of the interested party; and (ii) not to notify the claimant of whether a decision has been made and give reasons for that decision. 

Provision of advice to a financial services company in relation to a regulatory investigation.  With Javan Herberg QC.

Providing advice to a foreign public body on the scope and effect of freedom of information legislation.  With Monica Carss-Frisk QC.

Successfully represented the Appellant (an EU citizen) in an appeal against a deportation made against her.  

Acting (with Jason Pobjoy and others) for the claimant in a judicial review challenging the legality of the regime imposing a fee for applications by children for registration as a British citizen.  

Acting for the appellant in her appeal to the Upper Tribunal against rejection of her deportation appeal. 

Successfully acted (with Jason Pobjoy) for the claimants in a challenge to the SSJ's failure to put in place measures to ensure that prison officers in a contracted-out prison were adequately trained in the strip searching of female and transgender prisoners.  

Acting for the claimant in an application for permission to proceed with judicial review following rejection of his claim for asylum.  

Acting for the appellant in an appeal against a deportation order. 

Acting for a group of Libyans said to be members of or affiliated to the LIFG in connection with their detention in the UK, detention and torture abroad and subjection to domestic sanctions (with Thomas de la Mare QC and others).

Acting for the claimants in a number of cases concerning strip searches in prisons (with Jason Pobjoy).  

Advising the claimant in relation to a potential judicial review challenging the FCO’s failure to act in relation to British nationals seeking to return from refugee camps in Syria.  

Acting for the claimant, a child, in their claim for registration as a British citizen.   

Acting for a claimant bringing a challenge before the ECtHR in relation to the UK’s violation of Articles 6, 8 and 13 of the ECHR.

Advising an individual making an application for asylum.

Providing pro bono advice in relation to an asylum claim.  

Acting for the Equality and Human Rights Commission, advising and preparing submissions on the human rights and equality implications of the Grenfell Tower tragedy including, in particular, in relation to the right to life under Article 2 ECHR, the right to adequate and dignified housing, the right to non-discrimination and equality, and children's rights under the Convention on the Rights of the Child (with Jason Pobjoy).   

Advising an overseas entity on susceptibility of certain government decisions to judicial review (with David Pannick QC).

Advising a public body on the legality of charges imposed by the police for the provision of special police services (with Nick De Marco QC).

Advising a charity on the merits of a potential judicial review claim (unled). 

Acting for a football club in a high profile arbitral challenge to financial fair play rules in English football (assisting Nick De Marco).

Acting for the Secretary of State in a judicial review challenging the Secretary of State’s decision to maintain a prisoner’s Category A status (assisting Ivan Hare). 

Advising a claimant in relation to a potential challenge to a decision of the Chief Coroner relating to the training requirements for coroners (assisting Ivan Hare).

Acting for the General Medical Council resisting the appellant’s appeal against the decision of a Fitness to Practise Panel (assisting Ivan Hare). 

Advising the Secretary of State for Justice as to the extent of disclosure required in a judicial review claim (assisting Ivan Hare).

Acting for the General Medical Council resisting the appellant’s appeal against the decision of a Fitness to Practise Panel (assisting Ivan Hare).

Acting for the General Medical Council in a judicial review challenging rule 6(b) of the Schedule to the General Medical Council (Legal Assessors and Legally Qualified Persons) Rules Order of Council 2015 as unlawful and in breach of article 6 of the European Convention on Human Rights (assisting Ivan Hare).

Advising the General Medical Council on whether allowing registered doctors to serve in the armed forces was compatible with international humanitarian law (assisting Ivan Hare). 

Appearing for the Secretary of State in these cases challenging the Secretary of State’s policy on release of prisoners with a whole life tariff or (as in Du’s case) a tariff which is likely to extend beyond their lifetime on the basis of Article 5 of the ECHR.  The cases follow the ECtHR’s decision in Vinter v United Kingdom (2012) 55 EHRR 34 (assisting Ivan Hare who, in Vinter, appeared with James Eadie QC).

Acting for the Secretary of State in a judicial review challenging the Secretary of State’s decision to refuse the claimant’s application for asylum and finding that the claimant could be returned to Iraq (assisting Ivan Hare).

Advising a potential claimant in a judicial review claim as to possible grounds of review and the merits of a claim against HMRC (assisting Ivan Hare).

Acting for the Secretary of State in a judicial review challenging the Secretary of State’s policy of accepting the recommendation of a High Court judge in a detention at Her Majesty’s Pleasure tariff review, the Secretary of State’s decision not to allow the claimant to make submissions on the High Court judge’s representation, the Secretary of State’s refusal to review the High Court judge’s decision not to disclose a victim impact statement (assisting Ivan Hare). 

Advising the Secretary of State for the Home Department as to the merits of a judicial review challenge to an immigration detention decision (assisting Ivan Hare). 

Acting for Her Majesty’s Inspector in a claim for negligent misstatement (assisting Ivan Hare).  

Acted for the General Medical Council in these related appeals concerning the circumstances in which a Fitness to Practise Panel can proceed in the absence of a doctor and the admissibility of fresh evidence on appeal to the High Court (assisting Ivan Hare).

Acting for the Secretary of State resisting the claimant’s application for permission to appeal to the Supreme Court (assisting Ivan Hare). 

Acting for the Secretary of State in resisting an application for permission to proceed with judicial review challenging the Secretary of State’s decision to temporarily suspend a fisheries management agreement with the States of Guernsey and to temporarily suspend licences issued to fishing vessels of the States of Guernsey (assisting James Segan).

Acting for Defra in defence of a challenge by Greenpeace to the UK’s allocation method for fishing quota and effort, on ground of alleged incompatibility with EU law (assisting James Segan).

Acting for the SFO in a judicial review claim concerning the SFO’s procedure for handling of documentary evidence potentially attracting legal professional privilege (assisting James Segan).

Advice to a commercial fishing company as to whether EU Regulation 404/2011 required the installation of a vessel monitoring system (“VMS”) on-board their vessels and advice as to the merits of a potential judicial review claim challenging a government decision not to grant a licence to vessels without a VMS (assisting James Segan).  

Acting for the Claimant (with Charlotte Kilroy QC and Tom Lowenthal) in her successful claim against the Commissioner of Police of the Metropolis and the National Police Chiefs' Council.  The Investigatory Powers Tribunal found that the police had breached Articles 3, 8, 10, 11 and 14 ECHR in deploying undercover police officers to spy on protest groups in the late 1990s and 2000s. 

Successfully acted for the appellant in an appeal against refusal of asylum.  

Acted for C4 in an appeal against the Secretary of State’s decision to deprive C3, C4 and C7 of their British citizenship. Allowing their appeal, SIAC found that the decision to deprive C3, C4 and C7 of their citizenship breached s.40(4) of the British Nationality Act 1981 since a consequence of the decision would be to leave them stateless.

Delivering training in Lebanon to two Lebanese Bar Associations on international and domestic law standards prohibiting torture and the role of human rights lawyers in upholding those standards (with Timothy Otty QC and Natasha Simonsen).  

Providing advice to a foreign NGO on the rule of law and the right to property.  With Jeffrey Jowell QC and Naina Patel. 

Acted (on issues related to international law and assurances) for Her Royal Highness Princess Haya bint Al Hussein (the “Mother”) in family law proceedings that concerned her, His Highness Sheikh Mohammed bin Rashid Al Maktoum (the “Father”) and their two children. The proceedings concerned a process of fact-finding and the application of international law relevant to assurances and human rights. By judgments published in March 2020, the High Court found that (i) the Father had been involved in the abduction of one of his daughters from the UK and the forcible return of another daughter to Dubai, and had conducted a campaign of harassment against the Mother; and (ii) no weight could be placed on assurances and waivers of immunity provided by the Father and the UAE. The Father appealed the decision to publish those judgments to the Court of Appeal, which dismissed the appeal. The Father was refused permission to appeal by the Supreme Court. Led by Timothy Otty QC.

Successfully acted (with Jason Pobjoy) for the claimants in a challenge to the SSJ's failure to put in place measures to ensure that prison officers in a contracted-out prison were adequately trained in the strip searching of female and transgender prisoners.  

Acting (with Jason Pobjoy and others) for the claimant in a judicial review challenging the legality of the regime imposing a fee for applications by children for registration as a British citizen.  

Acting for a group of Libyans said to be members of or affiliated to the LIFG in connection with their detention in the UK, detention and torture abroad and subjection to domestic sanctions (with Thomas de la Mare QC and others).

Acting for the claimants in a number of cases concerning strip searches in prisons (with Jason Pobjoy).  

Providing advice on the international law applicable to freedom of expression and the right to a fair trial.  

Providing pro bono advice in relation to an asylum claim.  

Acting for the Equality and Human Rights Commission, advising and preparing submissions on the human rights and equality implications of the Grenfell Tower tragedy including, in particular, in relation to the right to life under Article 2 ECHR, the right to adequate and dignified housing, the right to non-discrimination and equality, and children's rights under the Convention on the Rights of the Child (with Jason Pobjoy).   

Providing advice on the likelihood of violations of Convention rights (and the rule of law) in a foreign jurisdiction. 

Successfully defended a tort claim brought by 22 Peruvian nationals regarding a protest in Peru.  The matter raised issues of foreign act of state, choice of law and corporate liability for alleged human rights abuses by the Peruvian National Police (with Shaheed Fatima QC and Hanif Mussa).  

Acting for the Secretary of State in a judicial review challenging the Secretary of State’s decision to maintain a prisoner’s Category A status (assisting Ivan Hare). 

Advising an applicant on the convention and charter rights potentially relevant to applications under ss. 790ZF and 790ZG (assisting Ivan Hare).

Advising the Secretary of State for the Home Department as to the merits of a judicial review challenge to an immigration detention decision (assisting Ivan Hare). 

Acting for the General Medical Council in a judicial review challenging rule 6(b) of the Schedule to the General Medical Council (Legal Assessors and Legally Qualified Persons) Rules Order of Council 2015 as unlawful and in breach of article 6 of the European Convention on Human Rights (assisting Ivan Hare).

Appearing for the Secretary of State in these cases challenging the Secretary of State’s policy on release of prisoners with a whole life tariff or (as in Du’s case) a tariff which is likely to extend beyond their lifetime on the basis of Article 5 of the ECHR.  The cases follow the ECtHR’s decision in Vinter v United Kingdom (2012) 55 EHRR 34 (assisting Ivan Hare who, in Vinter, appeared with James Eadie QC).

Acting for the Secretary of State in a judicial review challenging the Secretary of State’s decision to refuse the claimant’s application for asylum and finding that the claimant could be returned to Iraq (assisting Ivan Hare).

Acting for the Secretary of State in a judicial review challenging the Secretary of State’s policy of accepting the recommendation of a High Court judge in a detention at Her Majesty’s Pleasure tariff review, the Secretary of State’s decision not to allow the claimant to make submissions on the High Court judge’s representation, the Secretary of State’s refusal to review the High Court judge’s decision not to disclose a victim impact statement (assisting Ivan Hare). 

Successfully acted for the Claimants (with Tom Croxford QC) on their application for an injunction enforcing restrictive covenants. 

Acting for the ASA in defence of a County Court claim brought in relation to investigation of a complaint, and a related application for strike out and/or summary judgment. 

Acting for HNA Group (the Respondents to an appeal before the Supreme Court) in a claim under a guarantee relating to a charterparty which raised issues of torture and bribery.  The Supreme Court held that in assessing the reliablity of evidence, a Court should take into account any reasonable grounds for suspecting that such evidence was obtained by torture.  

Claim for enforcement of foreign arbitral award worth in excess of US$1bn involving applications for search, freezing and information orders in England and various foreign jurisdictions including the Cayman Islands, Mauritius, the USA and India (with Andrew Scott and Tony Peto QC).  

Assisting Harish Salve SA on matters of English law relevant to ongoing litigation in India.  

Advice on the scope of common interest privilege and its application in the context of a dispute between companies and shareholders. 

Representing investment funds, owned by the Libyan Investment Authority, in 10-day trial in the Cayman Islands. The case raises a number of complex issues involving the interaction between the UN, EU, UK and Cayman sanctions regimes and the application of private and public Libyan law (with Jason Pobjoy and Dinah Rose QC).

Successfully defended a tort claim brought by 22 Peruvian nationals regarding a protest in Peru.  The matter raised issues of foreign act of state, choice of law and corporate liability for alleged human rights abuses by the Peruvian National Police (with Shaheed Fatima QC and Hanif Mussa).  

Counsel for the Claimant in a commercial property dispute relating to appointment of directors and unjustified enrichment (unled). 

Acting for the claimant in a claim in unjust enrichment, challenging the police power to charge for the provision of policing services under s. 25 of the Police Act 1996 (assisting Nick De Marco).

Acting for the claimant in a claim for breach of a series of finance agreements (assisting Nick De Marco).

Advising an applicant on the convention and charter rights potentially relevant to applications under ss. 790ZF and 790ZG (assisting Ivan Hare).

Acting for the claimant in a claim for a declaration, an injunction and damages for breach of contract (assisting James Segan).  

Advising a potential claimant in a claim for breach of contract on formation and variation of that contract. 

Acting for the Appellant in an appeal brought under s.192 of the Communications Act 2003 against a decision contained in a statement made by Ofcom in September 2021, relating to Openreach's new proposed pricing arrangements for FTTP services. 

Represented Visa who successfully defended an application for relief under CPR rr.6.15, 6.16 and 6.17.  The Chancery Division held that service of unsealed amended claim forms is not good service (with Brian Kennelly QC).    

Representing Visa in a large number of claims brought by UK and European retailers relating to interchange fees arising out of Visa card transactions (with Brian Kennelly QC and Jason Pobjoy). 

Advice as to the treatment of no-challenge clauses under article 101(1) of the Treaty on the Functioning of the European Union (assisting James Segan). 

Successfully represented the Appellant (an EU citizen) in an appeal against a deportation made against her.  

Acting for Defra in defence of a challenge by Greenpeace to the UK’s allocation method for fishing quota and effort, on ground of alleged incompatibility with EU law (assisting James Segan).

Advice to a commercial fishing company as to whether EU Regulation 404/2011 required the installation of a vessel monitoring system (“VMS”) on-board their vessels and advice as to the merits of a potential judicial review claim challenging a government decision not to grant a licence to vessels without a VMS (assisting James Segan).  

Acted for C4 in an appeal against the Secretary of State’s decision to deprive C3, C4 and C7 of their British citizenship. Allowing their appeal, SIAC found that the decision to deprive C3, C4 and C7 of their citizenship breached s.40(4) of the British Nationality Act 1981 since a consequence of the decision would be to leave them stateless.

Acting for HNA Group (the Respondents to an appeal before the Supreme Court) in a claim under a guarantee relating to a charterparty which raised issues of torture and bribery.  The Supreme Court held that in assessing the reliablity of evidence, a Court should take into account any reasonable grounds for suspecting that such evidence was obtained by torture.  

Acted (on issues related to international law and assurances) for Her Royal Highness Princess Haya bint Al Hussein (the “Mother”) in family law proceedings that concerned her, His Highness Sheikh Mohammed bin Rashid Al Maktoum (the “Father”) and their two children. The proceedings concerned a process of fact-finding and the application of international law relevant to assurances and human rights. By judgments published in March 2020, the High Court found that (i) the Father had been involved in the abduction of one of his daughters from the UK and the forcible return of another daughter to Dubai, and had conducted a campaign of harassment against the Mother; and (ii) no weight could be placed on assurances and waivers of immunity provided by the Father and the UAE. The Father appealed the decision to publish those judgments to the Court of Appeal, which dismissed the appeal. The Father was refused permission to appeal by the Supreme Court. Led by Timothy Otty QC.

Providing advice to a foreign NGO on the rule of law and the right to property.  With Jeffrey Jowell QC and Naina Patel. 

Delivering training in Lebanon to two Lebanese Bar Associations on international and domestic law standards prohibiting torture and the role of human rights lawyers in upholding those standards (with Timothy Otty QC and Natasha Simonsen).  

Acting for a group of Libyans said to be members of or affiliated to the LIFG in connection with their detention in the UK, detention and torture abroad and subjection to domestic sanctions (with Thomas de la Mare QC and others).

Providing advice on the international law applicable to freedom of expression and the right to a fair trial.  

Advising a charity on the scope of the UK’s obligations under international human rights law, international humanitarian law and international criminal law in relation to children in armed conflict. 

Acting for a claimant bringing a challenge before the ECtHR in relation to the UK’s violation of Articles 6, 8 and 13 of the ECHR.

Support provided to Sir Jeffrey Jowell QC in his giving expert evidence in extradition proceedings on the rule of law and protection of fundamental rights and constitutional guarantees in contemporary Turkey. Such evidence was accepted and relied upon by the Court.

Acting for the Equality and Human Rights Commission, advising and preparing submissions on the human rights and equality implications of the Grenfell Tower tragedy including, in particular, in relation to the right to life under Article 2 ECHR, the right to adequate and dignified housing, the right to non-discrimination and equality, and children's rights under the Convention on the Rights of the Child (with Jason Pobjoy).   

Representing investment funds, owned by the Libyan Investment Authority, in 10-day trial in the Cayman Islands. The case raises a number of complex issues involving the interaction between the UN, EU, UK and Cayman sanctions regimes and the application of private and public Libyan law (with Jason Pobjoy and Dinah Rose QC).

Providing advice on the likelihood of violations of Convention rights (and the rule of law) in a foreign jurisdiction. 

Advising the General Medical Council on whether allowing registered doctors to serve in the armed forces was compatible with international humanitarian law (assisting Ivan Hare). 

Appeared for appellants in an important constitutional appeal from Trinidad and Tobago concerning the retrospective repeal of a limitation period for certain criminal offences (assisting James Segan who appeared with Michael Beloff QC).

Providing advice on the effect of certain sanctions regimes on employment contracts.  

Advising on the application of the UK's Magnitsky sanction regime; in particular on making submissions to the UK Government under that regime.

Representing investment funds, owned by the Libyan Investment Authority, in 10-day trial in the Cayman Islands. The case raises a number of complex issues involving the interaction between the UN, EU, UK and Cayman sanctions regimes and the application of private and public Libyan law (with Jason Pobjoy and Dinah Rose QC).

Successfully acted for the appellant in an appeal against refusal of asylum.  

Acting for the claimant in a judicial review challenging the Home Secretary's decision (i) not to consider, and apply her "Exclusion from the UK" policy to, a dossier of material provided by the claimant in support of his request for exclusion of the interested party; and (ii) not to notify the claimant of whether a decision has been made and give reasons for that decision. 

Successfully represented the Appellant (an EU citizen) in an appeal against a deportation made against her.  

Acting (with Jason Pobjoy and others) for the claimant in a judicial review challenging the legality of the regime imposing a fee for applications by children for registration as a British citizen.  

Acting for the appellant in her appeal to the Upper Tribunal against rejection of her deportation appeal. 

Acting for the claimant in an application for permission to proceed with judicial review following rejection of his claim for asylum.  

Acting for the claimant, a child, in their claim for registration as a British citizen.   

Providing pro bono advice in relation to an asylum claim.  

Acting for the appellant in an appeal against a deportation order. 

Advising the Secretary of State for the Home Department as to the merits of a judicial review challenge to an immigration detention decision (assisting Ivan Hare). 

Advising an individual making an application for asylum.

Successfully acted for the Claimants (with Tom Croxford QC) on their application for an injunction enforcing restrictive covenants. 

Acting for the respondent in an age discrimination claim.  

Advising a claimant in relation to the merits of a potential victimisation claim against their employer. 

Successfully acted (unled) for the claimant in his claim for unfair and wrongful constructive dismissal.

Advising and acting for a group of claimants bringing a claim in the Employment Tribunal under s.189 of TULR(C)A in relation to a collective redundancy.  

Providing advice on the effect of certain sanctions regimes on employment contracts.  

Acting for the respondent in a claim of unfair dismissal and discrimination (assisting Nick De Marco).

Acting for the claimant in a claim for damages following the termination of the claimant’s employment contract without notice (assisting Nick De Marco). 

Acted for the respondent in direct discrimination, harassment and victimisation claim (assisting Ivan Hare). 

Acting for a number of care home workers in relation to their High Court breach of contract claim for unpaid wages (assisting Diya Sen Gupta).

Advising on the interrelation of statutory and contractual claims in the Employment Tribunal and contractual claims in the High Court (assisting Diya Sen Gupta). 

Acting for a claimant in a High Court stigma damages claim against a bank (assisting Tom Linden QC and Diya Sen Gupta).

Acting for the claimant in a team move case (assisting Paul Goulding QC and Diya Sen Gupta).

Acting for Citibank N.A. defending various claims by former Foreign Exchange traders arising from their dismissal for sharing client confidential information in Bloomberg Chats.  These cases have been widely reported in the press. (Assisting Diya Sen Gupta.)

Provision of advice to a sports body on matters of internal governance.  

Acting for a sports agent in connection with a disciplinary investigation (with Nick De Marco QC). 

Advising on the availability of third party cost orders in the event of costs having been awarded against a bankrupt party (assisting Nick De Marco).

Acting for a football club in a high profile arbitral challenge to financial fair play rules in English football (assisting Nick De Marco).

Acting for the claimant in a potential Rule K arbitration (assisting Nick De Marco). 

Acting for the player resisting FIFA’s appeal to the Court of Arbitration for Sport against the decision of the Saudi Arabian Anti-Doping Appeals Panel (assisting Nick De Marco).

Acting for the claimant in a claim in unjust enrichment, challenging the police power to charge for the provision of policing services under s. 25 of the Police Act 1996 (assisting Nick De Marco).

Acting for the respondent to a charge brought by The FA for breach of the Football Agents Regulations 2009 (assisting Nick De Marco).

Acting for the player defending a charge of an anti-doping rule violation following use of an inhaler (assisting Nick De Marco).

Acting for the RFU in a successful disciplinary prosecution for attempted trafficking of a human growth hormone (assisting James Segan).