Isaac Jacob

Call 1963

Overview

Described by “The Lawyer” as one of the stars of the Chancery Commercial Bar, he has great experience in many fields and has appeared in nearly a hundred reported decisions.

Between 1996 and 2002 he acted on behalf of over two hundred former BCCI employees in their disputes with the liquidators of BCCI and has been responsible for the case management of the actions under the generic title BCCI v Khan & Ali and several of the larger individual cases. Reported decisions in this complex litigation include (No 1) [1999] 2 AER 2005, (No 2) [1999] 4 AER 83 and C.A [2000] 3 AER 51 which went to the House of Lords and is reported as Bank of Credit and Commerce International SA (in liq) v Ali [2002] 1 AC 251, and at [2001] All ER (D) 21 (Nov) Ch D, [2002] All ER (D) 328 (Nov) CA and [2002] EWCA Civ 82, [2002] 3 All ER 750, [2002] ICR 1258,

He has frequently appeared in very substantial litigation in the Caribbean and in Gibraltar, leading local lawyers.

Other important cases in which he has led in the House of Lords include Grovit v Doctor [1997] 1 WLR 640 and Ruxley Electronics & Construction Ltd v Forsyth [1996] AC 344.

He bore the brunt of all the civil litigation in which Asil Nadir, formerly of Polly Peck was involved and has acted in relation to Eagle Trust and Barlow Clowes.

He has special expertise in trusts (see e.g. Neville v Wilson [1997] Ch 144 CA) and in partnership law and considerable expertise in the fields of Property, Insolvency, Intellectual Property and Company Law.

He was counsel in Re Bird Precision Bellows [1984] Ch 419 and [1986] Ch 658 the seminal decision on the rights of minorities in quasi partnership companies and Casson Beckman v Papi [1991] BCC 68 which defined the position of insolvency practitioners in relation to their employers or partners

He has advised on and drafted legislation for the Government of Gibraltar. He is available to take the most complex cases involving considerable documentation and very large sums of money. Recorder of the Crown Court, Assistant Parliamentary Boundary Commissioner, Former Chairman of ILEA Disciplinary Tribunal,

Practice Areas

Commercial +

With Conn MacEvilly for the successful Appellant before the Privy Council in Prime Sight Limited v Edgar Lavarello (Trustee in Bankruptcy of Benjamin Marrache) [2013] UKPC 22, an important decision on estoppel by convention. View Decision.
Crawford Adjusters v Sagicor General Insurance (Cayman) Limited [2013] UKPC 17: Isaac Jacob and Conn MacEvilly of 9 Stone Buildings represented the successful Appellant before the Privy Council in a ground-breaking decision which sweeps away centuries-old restrictions on the availability of the tort of civil malicious prosecution in English law and the recoverability of damages for the loss caused thereby. View Decision.
Presently acting in dispute between two “Russian oligarchs” involving claim for assets in Angola worth $2.5 billion.
Advising and acting in relation to £27m freezing injunction obtained by Madoff liquidator against a recipient of funds.
Advising and acting in ICSID arbitrations (Geneva and Paris) relating to takeover of mines by Congolese government worth about $800m
Advising and acting in £20m claim against second largest firm of solicitors in Gibraltar, involving injunctions and other applications.
Advising and acting in relation to world wide freezing orders involving money passing through Latvian (Rietumu) and Ukrainian banks
Acting in a two week arbitration between medical practitioners in Birmingham in which the client was completely successful
Kotonou & another v National Westminster Bank PLC [2010] EWHC 1659 (Ch), Chancery Division, Mr Justice Morgan, 5 July 2010 and [2010] All ER (D) 42 (Jul)
Varsani v Relfo (in liquidation) 2010 EWCA 560, [2010] All ER (D) 272 (May) where the Court of Appeal upheld in part Mr Jules Sher QC’s interpretation of “usual or last known residence” for the purposes of the revised CPR Rule 6.9 (noted at CPR 6.9.3.1) and suggested the Rule be considered by the Rules Committee.
Kotonou v Secretary of State (Norris J.) [2010] EWHC 19 (Ch), [2010] All ER (D) 148 (Jun) – An appeal against a directors disqualification order. View decision
William Old International -v- Arya [2009] 2 P&CR 20 – Derogation from grant; Easements; Electricity supply; Servient tenement; Wayleaves
Kay and Brummer (a firm) v Cuby and another – [2008] All ER (D) 329 (Jun)
A High Court claim between family members to a substantial property, which explored the subject of a locus poenentitiae where a contract was unenforceable for illegality and the satisfaction of an equity in proprietary estoppel. Q v Q [2008] AER (D) 146; [2008] EWHC 1874 Fam.
An action in Jersey (assisting Jersey advocates) on a claim for $97 million presently continuing.
An arbitration between some of the former German Partners of a “Magic Circle” firm of London solicitors against the firm; arbitrator, Lord Griffiths.
An arbitration, settled by a mediation in Toronto between a consortium of insurers and the insured, a US healthcare provider, in relation to a claim for $200 million.
A dispute concerning one of the country’s leading show jumping horse “Locarno”
Axa General Insurance Axa General Insurance v Gottlieb [2005] 1 All ER (Comm) 445 CA and HL (leave refused) which decided an unresolved point of law relating to fraudulent insurance claims;
Margaretta Ltd, Re, Freeman v Customs and Excise Comrs [2005] STC 610, [2005] All ER (D) 262 (Feb) an important decision on the nature of the Quistclose trust;
Inglorest Investments Ltd v Campbell [2004] 2 P & CR D17, [2004] All ER (D) 50 (Apr) which dealt with points of inheritance law and
Great Future International Ltd v Sealand Housing Corp [2002] EWHC 2454 (Ch) and also at [2003] 07 LS Gaz R 35, [2002] All ER (D) 391 (Jul) which considered difficult points of law in a year long assessment of damages in a substantial fraud action.

Other cases include:

Bank of Credit and Commerce International SA (in liquidation) v Zafar [2001] All ER (D) 21 (Nov) Ch D and [2002] All ER (D) 328 (Nov) CA
Quadmost Ltd v Reprotech (Pebsham) Ltd [2001] BPIR 349
QBD
Country and Metropolitan Homes Surrey Ltd v Topclaim Ltd [1996] 3 WLR 525
Broxton v McClelland and Another (No 2) (1996) Times, 27 November
Berkeley Administration Inc v McClelland [1996] I L Pr 772
Broxton v McClelland [1995] EMLR 485,
Re a company (No 009080 of 1992) [1993] BCLC 269
Polly Peck International plc v Nadir and others [1992] BCLC 746
Re Wisepark Ltd [1994] ChD [1994] BCC 221
Barclays de Zoete Wedd Securities Ltd v Asil Nadir, The Times 25 March 1992,
Bhimji and others v Chatwani and others (No 2), [1992] 1 WLR 1158,

Bhimji and others v Chatwani and others, [1991] 1 WLR 989
Moser v Cotton and others, (CA) (The Times )29 August 1990
Turberville Smith v Turberville Smith [1998] 1 BCLC 134
Thomas Storey Engineers Ltd v Wailes Dove Bitumastic Ltd & Another,(CA) The Times 21 January 1988,
Pleasurama Properties Ltd v Leisure Investments (West End) Ltd, , 273 EG 67, [1985] 1 EGLR 54, and Court of Appeal 278 EG 732, [1986] 1 EGLR 145,
Bahai v Rashidian and another, CA [1985] 3 All ER 385, [1985] 1 WLR 1337,
TDK Tape Distributor (UK) Ltd v Videochoice Ltd and others, [1986] 1 WLR 141,
Ashby and others v Ebdon and others, [1985] 1 CH 394,
Associated Deliveries Limited v Harrison and another 272 EG 321, (CA)
Thames Manufacturing Co Ltd v Perrotts (Nichol & Peyton) Ltd and others, 50 P&CR 1,
Simmonds v Heffer and others, [1983] BCLC 298,
Foley v Foley, [1981] Fam 160 (CA)
Brikom Investments Ltd V. Seaford, (CA) [1981] 1 WLR 863,
CSI International Co Ltd v Archway Personnel (Middle East) Ltd, [1980] 1 WLR 1069 (CA)
Aquaflite Ltd. V. Jaymar International Freight Consultants Ltd., [1980] 1 Lloyd’s Rep 36 (CA)
Brikom Investments Ltd v Carr and others, [1979] QB 467 (CA)
R v Criminal Injuries Compensation Board, ex parte Tong, [1976] 1 WLR 47 (DC) & [1976] 1 WLR 1237, (CA)
Young v Sun Alliance and London Insurance Ltd, [1977] 1 WLR 104, [1976] 2 Lloyd’s Rep 189, 239 (CA)
Starside Properties Ltd v Mustapha,,[1974] 1 WLR 816,(CA)
A Peachey & Co Ltd v Smeyatsky, 231 EG 243,
Spanlite Structures Ltd. v. Jarrett, [1973] ICR 465,
Re a Solicitor, [1972] 1 WLR 869 (CA)
Evans v Ewels, [1972] 1 WLR 671 (DC)
Worcester Works Finance Ltd v Cooden Engineering Co Ltd, [1972] 1 QB 210 (CA)
Wolf v Crutchley and another, [1971] 1 WLR 99, (CA)
R v Stewart [1970] 1 WLR 907, (CA)
Groome v. Driscoll. [1969] 3 All ER 1638, (DC)
Wilson v. Wilson., [1969] 1 WLR 1470,
Brown v. Conway., [1968] 1 QB 222, (CA)
Dolphin Square Trust, Ltd. V. Hartman., [1967] 1 WLR 586,(CA)

Additional Information

Qualifications & Memberships +

Isaac is a member of the Chancery Bar Association and Fellow of the Chartered Institute of Arbitrators.

He was called to California Bar in 1979 and the Arizona Bar in 1991.

Appointments +

Recorder of the Crown Court, Assistant Parliamentary Boundary Commissioner, Former Chairman of ILEA Disciplinary Tribunal.

Regulatory Information +

Isaac Jacob is an independent self-employed barrister registered with the Bar Standards Board of England (ref. no 14014); whose practice is governed by the Code of Conduct of the Bar of England and Wales which code can be found at www.barstandardsboard.org.uk; has full professional liability insurance provided by the Bar Mutual Indemnity Fund Limited (ref BM 2930/039) (details of the world-wide cover are provided at www.barmutual.co.uk); is registered for VAT (reg. no. 243 3843 67); and can be contacted during chambers opening hours by telephone at 02074045055 or by e-mail at clerks@9stonebuildings.com.

In addition to the Terms and Conditions specified in the chambers’ website, optional clauses 7(b) and 7(c) shall apply with the insertion of a figure of twelve and a half million pounds (£12.5m) and optional clause 7(f) shall apply.