Isabel Hitching KC

Construction & Engineering

Isabel is ranked as Recommended for Construction in the Lexology UK Bar Edition 2026.

Isabel has a long-established construction and engineering practice and is listed as a leading silk in the directories in both Construction and Construction Professional Negligence. She is instructed in contractual and professional negligence claims arising out of a wide variety of domestic, European and international construction and engineering projects.

Isabel has acted in disputes on a wide range construction projects ranging from refurbishments of super-prime London property, and the design and build of ‘the most important private house to be constructed in the country for many years’ (Cyden Homes Ltd (2) Geoffrey Dyson (3) Jacqueline Dyson v NMCN Developments Ltd v LJJ Ltd ), through construction of high rise tower blocks to design and build of domestic and international energy plants.  She acts for government and private employers, contractors, commercial and luxury domestic developers and professionals and their insurers. Recent and ongoing matters include interim and final account disputes, and liability disputes under all major standard term contracts (NEC, ICE, JCT, FIDIC etc).

Isabel has wide experience of High Court trials, domestic and international arbitrations and adjudications.  She regularly appears at appellate level including in the Supreme Court case on the adjudication regime Aspect v Higgins [2015] UKSC 38.  Isabel also acts as an arbitrator in domestic and international arbitrations.  Current appointments include acting as President of an ICC arbitration in relation to a dispute arising out of the construction of a power plant in Southern Africa (co-arbitrators are Lord Nicholas Wilson and Martin Bowdery KC).

Prior to her appointment to silk Isabel was the most senior specialist on the Attorney-General’s panel and has  has extensive experience advising and acting in relation to government PFI and framework agreements: road, rail, defence, energy and supply of IT services.  She continues to act for and against the government in silk.

Isabel has noted expertise in the issues arising in relation to high rise premises (including Remediation and Remediation Contribution Orders in the FTT and BLOs in the TCC).  She appeared in the first case on the Building Safety Act 2022 to establish the ability of a contractor to flow down liabilities to a sub-contractor LDC (Portfolio One) v (1) George Downing Construction Limited (2) ESL [2022] EWHC 3356 (TCC).

Infrastructure and energy: Isabel acts for both government and private companies in relation to construction and maintenance of roads, rail, tram systems, flood defences, prisons, court premises, MOD premises (individual and Joint Services), airfields, power and utilities (on and offshore oil and gas, wind, renewables and waste energy).  Isabel is also instructed by the Ministry of Defence) in cases concerning shipbuilding. 

IT: Isabel acts for government and private companies in relation to disputes arising out of the provision and operation of long-term hardware and software and IT support services for central and local government.  She is also defending the first litigated claim against a search engine optimization (‘SEO’) professional, working with domestic and US leading experts in this emerging professional field.

Given Isabel’s commercial and insurance expertise (in which she is also listed as a leading silk by the directories) she is able to provide construction and engineering clients a ‘joined up service’ acting in disputes over interpretation and enforcement of bonds in the context of sale of engineering plant and over finance obligations and structures (including offshore and bi-furcated Shariah compliant funding) in relation to property development, and insurance coverage issues including claims under CAR, PI, Property and Liability policies.

Selected Cases

Current cases include:

• Defending the first litigated claim against a search engine optimisation (‘SEO’) professional, working with domestic and US leading experts in this emerging professional field.
• Acting for main contractors in potential FTT Remediation Order proceedings arising out of alleged defective cladding and fire safety defects, and in parallel seeking to pass on any liabilities to third party professionals including architects, fire engineers, and specialist designers in TCC proceedings.
• Acting for a main contractors in a portfolio of claims relating to alleged defective cladding (water ingress and fire safety defects) to high rise tower blocks, defending claims and seeking to pass on liabilities to third parties including manufacturers of non-compliant materials, under Building Safety Act 2022 provisions.
• Acting for and against parties defending claims under Defective Premises Act brought long after completion of project due to extension of limitation periods by Building Safety Act 2022.
• Acting for a private individual against architects and contractors in relation to the defective refurbishment of a prestigious super-prime central London property, with gas and M&E defects rendering the property unsafe.

Further cases are listed under Professional Negligence.

Selected past cases:

• LDC (Portfolio One) v (1) George Downing Construction Limited (2) ESL [2022] EWHC 3356 (TCC) test case post Grenfell and the Building Safety Act 2022 establishing the strict obligation of sub-contractors to comply with building regulations and the ability of the contractor to flow down their entire losses.
• Cyden Homes Ltd (2) Geoffrey Dyson (3) Jacqueline Dyson v NMCN Developments Ltd v LJJ Ltd. The claim concerned a property described as ‘the most important private house to be constructed in the country for many years’.  I acted successfully for the third party specialist sub-contractors brought in to the final round of litigation between the employers and main contractors (following eight adjudications and a Court of Appeal decision) obtaining a mediated resolution (2022).
• Connect Plus (M25) Ltd v Highways England Company Ltd [2018] EWHC 140 (TCC) Successfully acted on behalf of the Highways Agency, identifying and interpreting the regime for calculation of sums due to the operating company in respect of critical incidents under the PFI for the maintenance and operation of the M25.
• Tetronics (International) Ltd v (1) HSBC Bank plc (2) BlueOak Arkansas LLC [2018] EWHC 201 (TCC) Isabel acted for Tetronics, who sold engineering plant to a US company. Obtained and preserved an interim injunction against HSBC preventing it from paying out on an on demand bond until the conclusion of an arbitration. Satisfied the court that HSBC was on notice of fraud – the first reported case where this has been achieved in the English courts. Interim injunction subsequently discharged on balance of convenience.
• (1) White (2) Weybridge Enterprises Ltd v (1) PSM Residential Ltd et al [2017] EWHC 1925 (TCC) and [2017] EWHC 3500 (TCC) Isabel acted for developers of a high value private residential property seeking to set aside a settlement agreement reached with second level funders on the grounds of fraud including the fraudulent procuring and provision of a certificate of practical completion.
• Acting in adjudications and negotiations for the Environment Agency in relation to a range of projects from footpaths to flood defences. Working effectively to lead a multi-disciplinary team of to ensure productive outcomes in context of long term projects.
• GE Energy Power Conversion UK Ltd v Anixter Ltd et al Successfully acted for 4th party manufacturer of components which allegedly failed in generators manufactured by GE for use in the oil and gas industry. Issues of traceability of the components through the contractual chain and cause of failure.
• Aspect Contracts (Asbestos) Ltd v Higgins Construction PLC Supreme Court: [2015] UKSC 38 Court of Appeal: [2013] EWCA Civ 1514 First instance: [2013] EWHC 1322 (TCC) – Preliminary issue concerning identification of the cause of action and applicable limitation period for a party paying monies following an adjudication decision to seek a final determination and, if successful, recovery.
• Worked closely with an extensive legal and expert team in relation to claims for breach of a gas infrastructure agreement and abuse of dominant position.

News

• Isabel Hitching KC speaking at EWI Conference
• What is the impact for mediation of Churchill v Merthyr Tydfil and the new amendments to the CPR, and how will client advice change?

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Events

• What is the impact for mediation of Churchill v Merthyr Tydfil and the new amendments to the CPR, and how will client advice change?
• Crown Office Chambers to speak at the BILA Virtual Lecture, 14 November 2024

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Articles

• Isabel Hitching KC secures unanimous Court of Appeal dismissal of appeal in World War II bomb damage coverage case.
• Courts have the power to order compulsory ADR – Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416. Decision considered by Isabel Hitching KC member of the Civil Procedure Rule Committee.

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Qualifications

• MA (First Class), Christ Church, Oxford
• BCL, Christ Church, Oxford
• Open Scholar, Open Exhibitioner, Radcliffe Exhibitioner and Dixon Scholar Christ Church, Oxford
• Lord Justice Sachs Scholarship, Middle Temple
• Queen Mother Scholarship, Middle Temple
• Inns of Court Studentship
• Former non-stipendiary lecturer in law Christ Church Oxford
• Accredited Adjudicator (TecBar)
• Accredited Arbitrator (LCIA)

Memberships

• Civil Procedure Rule Committee
• Professional Negligence Bar Association
• Commercial Bar Association
• London Common Law & Commercial Bar Association
• Society of Construction Law (and past committee member)
• Technology & Construction Bar Association (and past committee member)
• Joint editor of Emden’s Construction Law
• London Court of International Arbitration
• Former member of Attorney General’s Treasury Panel. Continues to act for government as silk.
• Past member of Bar Standards Board Equality & Diversity Committee
• Past member and vice-chair of Bar Standards Board Qualifications Committee
• Past member of Bar Council and Bar Council International Committee

Rankings