Isabel Foley

Isabel Foley | Litigation Lawyer | Product Liability | Food and Agribusiness | Arthur Cox

Expertise

Isabel is a partner in the Litigation & Dispute Resolution Department, heads up the Product Liability & Product Safety Group and co-heads the Food & Drink Group. Her principal areas of practice are commercial disputes and product liability. On the commercial side, she advises government entities, companies and financial institutions on general corporate disputes, matters of public law, regulatory compliance and investigations, the restructuring of the financial services sector, disputes concerning financial products and services, property disputes and competition disputes, resolving such disputes through mediation, Commercial Court proceedings and judicial review. On the product side she advises clients in a wide range of sectors on product liability/safety issues, including risk management, product recall and crisis management. She lectures in commercial litigation at the Law Society of Ireland and has sat as nominee of the Law Society on various judicial committees charged with the reform of court procedures in Ireland.

In June 2012, Isabel was named Best in Litigation at the Euromoney Legal Media Group Europe Women in Business Law Awards in London.

In June 2011, Isabel was named Best in Product Liability at the inaugural Euromoney Legal Media Group Europe Women in Business Law Awards in London.

Experience

  • Acted as part of the Arthur Cox team advising on the legislation establishing the National Asset Management Agency, on the emergency legislation necessitated for the restructuring of the banking sector, on the legislation establishing a resolution regime for certain credit institutions and on the legislation providing for the liquidation of Irish Bank Resolution Corporation Limited, which culminated respectively in the National Asset Management Agency Act 2009, the Credit Institutions (Stabilisation) Act 2010, the Central Bank and Credit Institutions (Resolution) (No. 2) Act 2011 and the Irish Bank Resolution Corporation Act 2013.
  • Acting for the Minister for Finance and the National Treasury Management Agency in obtaining a series of Court Orders pursuant to the Credit Institutions (Stabilisation) Act 2010 in relation to the restructuring of the banking sector. These included Direction Orders in respect of the recapitalisation of Allied Irish Banks (“AIB”), Direction Orders and Transfer Orders in relation to the transfer of certain assets of Anglo Irish Bank Limited and Irish Nationwide Building Society (together now Irish Bank Resolution Corporation Limited), a Subordinated Liabilities Order (“SLO”) in relation to AIB facilitating burden sharing with subordinated liability holders of AIB and acting in the defence of the subsequent challenge to the SLO by two AIB subordinated liability holders.
  • Acting on behalf of the Central Bank of Ireland in securing, in January 2012, a High Court Order under the Central Bank and Credit Institutions (Resolution) Act 2011 appointing a Special Manager to Newbridge Credit Union Limited in the first application under that Act.
  • Acting on behalf of the Irish Stock Exchange Limited in the successful defence of two sets of Commercial Court proceedings (plenary proceedings and judicial review proceedings) taken by the liquidator of Bloxham Stockbrokers seeking to challenge the decision by the ISE to terminate Bloxham’s membership of the Exchange in December 2012.
  • Acting on behalf of a leading retailer in judicial review proceedings seeking to quash assessments issued by the Revenue Commissioners seeking recovery of €36 million from the retailer in respect of the Plastic Bag Levy. The proceedings challenge the validity of the Plastic Bag Levy Regulations and, in particular, their applicability to bags not used at the point of sale.
  • Representing JTI Ireland Limited in High Court proceedings issued in 2015 against the Minister for Health, Ireland and the Attorney General, challenging Ireland’s competence under EU law to enact the plain packaging provisions of the Public Health (Standardised Packaging of Tobacco) Act 2015
  • Defending large-scale, complex litigation involving large cohorts of claimants in the areas of tobacco, pharmaceuticals, blood products, telecommunications and medical devices.
  • Representing a number of food processors in relation to the Irish pork and bacon recall arising from the dioxin scare.
  • Acting on behalf of Greencore Group plc in its challenge to the decision of the Irish Government in July 2006 in relation to the allocation of €145 million of restructuring aid on the restructuring of the sugar industry, culminating in a High Court judgment quashing that decision in June 2007.

Publications

Education
  • BCL, 1981, University College, Dublin
Professional
  • Admitted as a solicitor in Ireland, 1985.
  • CEDR Accredited Mediator.
  • Member of the Executive Committee of the National Maternity Hospital (Holles Street).
Memberships
  • Defense Research Institute (DRI)
  • International Association of Defense Counsel