Oliver Isaacs

Year of Call: 2000
Email Address: oliver.isaacs@3pb.co.uk
Telephone: 020 7583 8055

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Overview

Having read Politics at Newcastle, Oliver Isaacs undertook a conversion course in Law in which he obtained a distinction. Prior to coming to the Bar, Oliver worked in a niche entertainment and media law firm carrying out a broad range of civil and commercial litigation.

Oliver is currently practising in most areas of Chambers' work with a particular emphasis in commercial and common law work including contract, sale of goods and employment.

Oliver has handled professional negligence cases relating to solicitors, builders, and architects, on behalf of both claimants and defendants, and is well versed in the particular issues relating to the quantification of damages and evaluation of "lost chances" which arise in such cases.

For more information see his specialist profiles.

Expertise

  • Commercial
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    Having read Politics at Newcastle, Oliver undertook a conversion course in Law in which he obtained a distinction. Prior to coming to the Bar, Oliver worked in a niche entertainment and media law firm carrying out a broad range of civil and commercial litigation.

    Commercial and business disputes still form a significant part of Oliver's practice. He provides commercial advice, drafts the full range of pleadings and is an effective advocate appearing in the High Court and County Court.

    In light of Oliver's expertise in employment law, he regularly advises:

    • Senior employees/directors and employers on the imposition and breach of fiduciary obligations/duties
    • Contractual disputes involving bonuses
    • Minority shareholders and unfair prejudice petitions
    • Partnership disputes
    • Disputes by members of LLP's
    • Joint Venture disputes between joint venture partners (in particular the imposition of fiduciary obligations between partners)
    • Permanent health insurance policy disputes and claims involving the mis-selling of such policies
    • Oliver regularly appears for both employers and employees in the High Court on restrictive covenants, breaches of confidentiality and generally in obtaining or defending the grant of injunctive relief.

    Notable Cases

    Rehman v Benfield (2006) EWCA Civ 1392
    Acknowledgment of Title under the Limitation Act 1980.

    Stepford Homes v Lee & Others (2012) LTL
    A claim for injunctive relief and ancillary orders against a former employee and the approach the Court should take to costs where a Claimant had decided not to pursue its claim for such ancillary orders but failed to inform the Defendants or the Court.

    Publications

    • 23rd Nov 2016

      Oliver Isaacs provides an update on Estate agents' fees - curing incomplete contracts by implying terms. If a developer agrees to pay an estate agent a finder's fee, what happens if the parties do not discuss what triggers the payment? If a contract is incomplete, can the court fill that gap by implying terms?

      Oliver Isaacs (Call 2000) analyses the most recent contribution of the Court of Appeal to that question in Wells v. Devani (2016) [2016] EWCA Civ 1106.

      View Publication
  • Employment and discrimination
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    Oliver is an experienced employment law barrister and joint deputy head of the employment group. He acts for both employers and employees in employment disputes and appears regularly in the Employment Appeal Tribunal, High Court and the Tribunals.

    Oliver is instructed by and appears against large multinationals and institutions.  He has particular expertise advising company directors and companies following the termination of service contracts. He regularly advises on restrictive covenants, bonus entitlements and minority shareholdings. He also has a particular niche in permanent health insurance benefits.

    Oliver’s employment tribunal work has included:

    • Representing one of the test Claimants in the “Nortel Networks” litigation (Parker v Others v Nortel Networks UK Limited (In administration), a claim involving over 250 employees who were seeking protective awards for failure to consult under TULR(C)A 1992
    • Representing a number of Claimants in a TUPE claim  involving the transfer of a Volkswagen advertising contract to a new agency
    • Appearing on behalf of European Credit Management Ltd (led on appeal by Paul Epstein QC) in the successful defence of a £4m equal pay/sex discrimination claim by a former employee
    • Representing a part-time Judge of the Employment Appeal Tribunal accused of discrimination
    • Representing NHS whistleblowers in claims both in the High Court and Tribunal.

    Oliver is regularly instructed to represent multiple Claimants, or defend high value or complex claims.  He is adept at driving the tactical approach to bringing or defending claims and regularly offered his advice on the Islam Channel (Sky TV).  He has also appeared on the programme "Legal Corner."

    Oliver is a member of ELBA and ELA. He is also an accredited mediation advocate.  He has been appointed to the barrister panel of ELAAS (the Employment Lawyers Appeals Advice Scheme).

    Reported cases:

    Smith v Gartner UK Ltd [2016] UKEAT/0279/15/LA – An appeal against the striking out of a Claimant’s claim of discrimination.  The claim arose from the failure to pay permanent health insurance benefits until an amended retirement age of 65yrs old.

    Holt v RES on Site Limited [2014] UKEAT 0410_13_2702 - Successfully resisting an unfair dismissal appeal where dismissing officer and appeal officer would not have reached the same conclusion on dismissal.  Employment Judge found dismissal fair having applying Taylor v OCS Group Ltd [2006] IRLR 613 EAT.

    Timbo v Grenwich Council for Racial Equality [2013] EqLR 1010 – An appeal against the ET’s decision to strike out a Claimant’s claim three days into a liability hearing and whether it is appropriate to strike out where there are disputed facts.

    F & G Cleaners v Saddington to [2012] IRLR 892 - An appeal on the principles to be applied to mitigation of loss in the context of a TUPE transfer.

    Stepford Homes v Lee & Others [2012] EWHC 4433 – A claim for injunctive relief and ancillary orders against a former employee and the approach the Court should take to costs where a Claimant had decided not to pursue its claim for such ancillary orders but failed to inform the Defendants or the Court.

    Hosso v ECM Ltd (No 2) [2011] EWCA Civ 1589 – A case addressing the demarcation between equal pay and sex discrimination. Oliver appeared in the ET, EAT and CA representing ECM in this long running dispute which resulted in the successful resistance of a claim valued at over £4 million.

    Walsh v Yellow Pages Sales Limited [2011] UKEAT/0103/11/DA - (sub nom Conant v Arriva Trains Wales) - A conjoined appeal where the EAT reviewed the authorities on when it is admissable for the Employment Tribunal to substitute its own view of the fairness for dismissal for that of the employer. Oliver appeared for Mr Walsh (in the EAT but not the ET) in successfully resisting Yellow Pages' appeal.

    Other cases:

    • Alukpe v South Thames College [2014] UKEAT 0395
    • Fullerton v Interrights [2010] UKEAT/0251/09
    • Spicknell v The Wilts and Dorset Bus Company [2010] UKEATPA/1715/09
    • Royal Bank of Scotland v Wilson [2009] UKEAT/0363/08
    • Hosso v ECM Ltd (No 1) [2008] All ER D 160
    • Gladwell v Secretary of State for Trade and Industry [2007] ICR 264
    • Mowels v Vox Displays Limited [2007] All ER (D) 40.

Recommendations

"an efficient and effective barrister, providing creative and commercial solutions to clients. Oliver is always approachable and is sensitive when dealing with clients; whilst able to deliver clear and practical advice even in difficult and complex situations"

"I was thoroughly delighted with his professionalism, his attention to detail and his frank and honest views...A fantastic barrister."

"a tenacious advocate and able to get to the root of the problem quickly."

"Oliver provides clear, practical advice on commercial and employment matters. I would certainly recommend him."

Client testimonials

Professional qualifications & appointments

  • Accredited Mediation Advocate

Professional bodies

  • Association of Regulatory & Disciplinary Lawyers
  • Employment Law Bar Association (ELBA)
  • London Common Law and Commercial Bar Association

Direct Access

Oliver Isaacs is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.

More Information

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