Product Liability
Isabel is a highly experienced barrister with a specialist practice in complex product liability disputes, particularly where technical and scientific issues are at the core of liability, causation and scope of loss. She is frequently instructed in high-profile, high value cases and has a deep understanding of engineering and scientific evidence, developed through years of litigation in the Technology and Construction Court. She has a loyal following among leading solicitors’ firms and lay clients who value the fact that she combines intellectual rigour with a team working and strategic approach. She is regularly instructed in test cases.
Isabel is currently leading Elizabeth Boon on what is set to be the test case concerning cladding manufacturer liability under the Building Safety Act 2022, reflecting her prominent role in defective construction product claims. She also has significant experience handling defective product cases across sectors—from electrical fires to defective engineering equipment in power plants.
Prior to her appointment to silk Isabel was most senior specialist on the Attorney General’s panel (instructed via Government Legal Department). She developed extensive experience advising the government on highly technical product liability disputes ranging from defective pipework in prisons (MOJ), through defective flood barriers (Environment Agency) to defective mechanical and electrical installations in aircraft carriers (MOD/Cabinet Office). She continues to act for Attorney General in silk advising on high value, politically sensitive matters. She is currently advising the UK Government on significant PPE-related claims.
Her expertise extends to emerging technologies, including acting in the first known case involving SEO software disputes and advising on insurance and liability frameworks for automated vehicles. She has acted over many years for and against central and local government in relation to defective computer hardware and software disputes.
Isabel is experienced in acting in cases where damage caused is not only financial but catastrophic injury. Notably, whilst still a junior she successfully defended and obtained a discontinuance of group litigation by a leading silk, against a local authority for a range of cancers allegedly caused to residents living on a redeveloped former manufacturing works by toxic waste products in the soil. She is currently leading the counsel team in relation to a potentially £bn plus dispute connected with litigation in the US where there are allegations that defective body protection failed to prevent catastrophic injury. In such cases Isabel’s vast experience working with leading experts and academics on emerging science is invaluable in enabling her to advise on liability and causation.
Her substantive expertise in this area is deepened by having lectured at Christ Church, Oxford University, over a 20 year period specialising in contractual and tortious liabilities, including liability for defective products. Her procedural insight is strengthened by her appointment by Birss LJ to the Civil Procedure Rule Committee where she has led the project simplifying the court rules and working with Senior Master Cook on drafting key reforms relating to Group Litigation Orders.
Selected Cases
View full profile »News
- 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
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
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.
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
Recommendations
“Isabel is a remarkable individual who provides concise, unimpeachable advice at every stage of a matter.”…”Isabel is excellent on her feet – she’s unflappable, strategic and very hands-on.”…”She is technically excellent, fantastic with clients and a go-to silk for complex, novel or unusual points.”
Chambers & Partners, 2025
“Isabel is a thoughtful and highly strategic KC. Two steps ahead of anyone else – she is an excellent advocate.”…”A great team player, working with us as instructing solicitors and with the clients as needed. She is increasingly respected by the judiciary. She brings an intellectual rigour and attention to detail.”
Legal 500, 2025
“Isabel is everything you want from a silk. Her mind is just razor-sharp, she will spot things in huge mounds of paperwork and see a relevance in them to then map it all through.”…”She is particularly good in cases that are a bit novel and different.”
Chambers & Partners, 2024
‘Isabel has an innate ability to drill down to the main points and weed out irrelevant issues, from which instructing solicitors can then draw up a strong strategic approach which usually gets us to where the client wants to be.’
Legal 500, 2024
“Isabel is extremely astute, very careful and conscientious and always has a clear plan of action in terms of approach to the issues and getting the best out of the case for the client. She manages expectations in relation to delivering work and solicitors know exactly where they stand.”
Legal 500, 2024
“She is very knowledgeable of the construction sector, excellent with clients and a very persuasive advocate in court or arbitration.”
(Chambers & Partners, 2022)
“She always has a good grasp and understanding of the case, and is a confident and persuasive advocate.”
(Legal 500, 2022)
“Industrious, meticulous and convincing … always has a good grasp of the case, and is a confident and persuasive advocate”
Legal 500, 2022
“A standout barrister at the construction Bar.”…”Very sensitive to the needs of the client, and adopts a realistic and commercial view in order to achieve the best result.”
(Legal 500, 2021)
“She is clear and concise as an advocate, with the ability to see the bigger picture in disputes.”
(Chambers & Partners, 2021)
“Boasts a tally of appearances in important and high-value construction cases… She has a chess grand master’s great grasp of strategy.”
(Chambers & Partners 2020)
“She has a chess grand master’s great grasp of strategy.”
(Chambers & Partners, 2020)
