Jennifer has developed a wide ranging practice with experience in domestic courts (in particular the TCC) and of mediation, adjudication and both domestic and international arbitration. While her main areas of specialisation are construction and engineering, professional negligence and energy, she also has valuable experience in disputes concerning the construction and enforcement of guarantees/ bonds and of jurisdictional and conflicts issues, which regularly arise as incidental to other matters.
Jennifer is recommended in both previous and the latest editions of Chambers and Partners and Legal 500 in the fields of Construction and Professional Negligence and in the latest edition of Chambers Global for Construction. She is described as: “listening to other points and then coming in with the real killer points she’s been noting”; being “tremendously enthusiastic; you feel as though your case is the most important she’s got”; being “extremely able”; having “absolutely first-rate legal knowledge”; providing “pragmatic commercial advice”; being “super with clients”; and being “friendly and approachable and adapts to the level of legal knowledge that each client has”.
CONSTRUCTION, ENGINEERING AND INFRASTRUCTURE
She has acted for contractors and subcontractors, employers and their professional advisers in disputes arising from the design and construction of a wide range of building and civil engineering projects. She regularly both conducts adjudications and either seeks or resists enforcement of adjudicators’ decisions. Her experience includes:
- Acting for the government in a substantial dispute concerning a maximum price target cost contract;
- Acting for a parent company guarantor in a dispute concerning the design and installation of a mechanical biological treatment plant;
- Acting for the claimant purchaser of a pan-European fleet of locomotives in relation to defects in those locomotives;
- Representing a subcontractor involved in disputes relating to the construction of Wembley Stadium;
- Acting for the contractor in relation to the construction of a metropolitan tramlink system procured under the PFI initiative;
- Acting for the owners of a superyacht in a dispute about cost and quality.
ENERGY, NATURAL RESOURCES AND UTILITIES
Jennifer has been involved in a number of cases for purchasers and contractors arising out of issues with off shore installations and power stations. Cases include:
- Acting for the contractor in an arbitration about the refurbishment and upgrade of a jack-up drilling unit in the Caribbean;
- Acting for the supplier of air compressor systems used in the construction of a gas pipeline between Europe and Africa;
- Acting for the design and build contractor in a dispute relating to the construction of a power/ desalination plant in the UAE, between French and German companies;
- Acting for the employer in a dispute with both the BOP contractor and turbine supplier about a wind farm.
Jennifer has experience of dealing with a variety of professional negligence claims involving a wide range of professionals and consultants in the construction and engineering sector:
- Successfully acting at trial in multi-party proceedings for defendant surveyors alleged negligently to have valued property, which was subsequently sold at a loss by the claimant building society;
- Acting for the architects employed to design a local authority school;
- Acting for a public school in relation to defective heating design works carried out at the school;
- Acting for the architects employed as leaders of an MDP for the construction of a hospital in Ireland.
GUARANTEES AND BONDS
She is familiar with the issues concerning the proper construction of bonds and guarantees. In particular she has:
- Acted for the guaranteed party in a dispute heard in the Chancery Division concerning whether or not a document was, on its proper construction, an ‘on demand’ bond;
- Acted for the indemnifier in a dispute heard in the TCC as to the proper construction of a contract of indemnity. The case also concerned the circumstances in which an indemnifier will be estopped from challenging a judgment in underlying proceedings against the party indemnified.
ECITB / CITB
Jennifer is familiar with the terms governing the imposition of ECITB and CITB levies and has advised and represented clients on appeals to the appropriate Board.
OTHER PROFESSIONAL INFORMATION
Accreditations: Accredited TECBAR adjudicator.
Memberships: Member of TECBAR, COMBAR and the SCL.
Qualifications: MA (Oxon) Law with Law Studies in Europe.