Jennifer practices both domestically and internationally, with a particular expertise in multi-party TCC litigation and in international arbitrations in the fields of large construction projects and energy disputes. She is typically instructed as sole counsel in multi-million-pound disputes for a range of different types of entity and her clients praise both her intellectual ability and her emphasis on client care.
She is recommended in Chambers and Partners and Legal 500 in the fields of Construction and Professional Negligence, and also in Chambers Global for Construction. Contributors remark in particular that she is “very impressive and a clear thinker”, “an excellent barrister who is very responsive and commercial”, “enthusiastic and a very capable team player”, “calm, collected and unflappable” and that she has “absolutely first-rate legal knowledge”.
Jennifer’s main areas of specialisation are construction and engineering, professional negligence and energy, and 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. It is in the nature of construction disputes that they give rise to particularly complex strategic and factual scenarios, either because of the number of different parties and contracts, or because disputes are being fought out in different fora. Jennifer particularly enjoys the tactical challenges inherent in managing these complicated disputes and in doing everything possible to obtain the best result for her clients.
CONSTRUCTION, ENGINEERING AND INFRASTRUCTURE
Jennifer has acted for the full range of parties in disputes arising from the design and construction of a wide range of building and civil engineering projects, including process plant, infrastructure procured by PFI and commercial and residential properties. She has expertise in issues relating to loss and expense, delay and disruption, defects, design, delay, diminution in value, contractual termination and quantum meruit claims. She is also familiar with the main Standard Form contracts. Her experience includes:
- Acting for a state-owned entity in the Caribbean in proceedings brought by the contractor about the construction of roads in that jurisdiction, with associated ancillary claims against the engineers involved in managing the various contracts. The contracts were on the FIDIC form.
- Acting for the owner of a shipyard that builds and refurbishes world-class superyachts in a dispute with a contractor about substantial works carried out at the yard.
- Acting for a surveying company in its claim for payment for works carried out in connection with a railway electrification project.
- Acting for the Secretary of State for Defence in the arbitration underlying Secretary of State for Defence v Turner Estate Solutions Limited  EWHC 1150 (TCC), which was a substantial dispute concerning infrastructure works procured under a maximum price target cost contract. Jennifer was responsible for leading a team of six other barristers dealing with final account issues.
- Acting for a parent company guarantor in a dispute concerning the design and installation of a mechanical biological treatment plant, which processes household waste.
- Acting for the contractor in relation to the construction of a metropolitan tramlink system procured under the PFI initiative.
- Instructed to act for the Claimant purchaser of a pan-European fleet of locomotives in relation to defects suffered by those locomotives.
- Acting for the owner of a prestigious head-office in a claim about defects in the cladding of its premises.
- Acting for a local authority in a dispute between a school, the local authority, an SPV and the contractor about substantial works carried out at that school.
- Acting for the owner of a superyacht in a dispute about cost and quality.
- Instructed in relation to a dispute between parties to a PPP about security camera provision on the London Underground Network.
- Representing a subcontractor involved in disputes arising from and relating to the construction of Wembley stadium.
- Acting for a contractor in its claim for payment for works carried out under a framework agreement with a social housing provider.
- Acting for a nursery in a fees dispute, which involved a dispute about asbestos removal from site.
- Advising and acting for steel fabricators in a delay and disruption claim, relating to the construction of two hospices and the headquarters of a large charity.
- Acting for a manufacturer of power generation equipment in relation to a claim made in respect of an escape of diesel from that equipment at a shopping centre.
- Advising a residents’ association as to its rights against a statutory undertaker pursuant to the Water Industry Act.
- Acting for a main contractor seeking to recover damages in respect of a burst water main pipe supplied by its sub-contractor.
- Representing the employer in a claim intended to be heard in the Bahamian courts, relating to defects in the construction of a local property.
- Acting for employers, contractors and professionals in multi-party proceedings about high value domestic projects.
- Acting for a local council in a dispute concerning the design and construction of a swimming pool.
- Both seeking and resisting enforcement of adjudicators’ decisions, in addition to conducting adjudications.
- Advising an employer on amendments to a standard form JCT Contract to reflect its requirements when developing a substantial hotel.
- Advising the landlord of a property let to a government department on its dilapidations claim on termination of the lease.
- Advising householders about their statutory and other rights when a mine-shaft opened up on their land.
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, including architects, engineers, surveyors and contractors. Her experience includes substantial recent experience of cladding disputes, including in relation to concerns about the safety of cladding. Given the involvement of insurers in professional negligence disputes they are often multi-party and Jennifer has particular expertise in, and experience of, managing the strategic implications of a dispute involving a number of participants, from the perspective both of the Claimant and the Defendants. Her experience includes:
- Acting for Defendant project managers in ten-party TCC proceedings concerning a large fire at a Boots store in Warrington.
- Acting for an engineer in a Contribution Act claim brought about subsidence caused by a flood.
- Acting for an architect in a claim about coastal subsidence and land slip.
- Acting for Defendant project managers in a claim about subsidence under various apartment blocks.
- Advising a hospital in a claim against its architects on a project that ran 50% over budget and significantly late.
- Acting for a householder in a claim in professional negligence against his project managers.
- Acting for the architects employed as the leaders of an MDP for the construction of a hospital in Ireland.
- Acting for structural engineers alleged negligently to have designed the floors of an industrial estate such that they were structurally unsound.
- Acting for a high net worth householder caught between contractors and the architect where a project ran significantly into delay.
- Acting for Defendant surveyors alleged negligently to have valued property, which was subsequently sold at a loss by the Claimant building society and advising surveyors as to their potential exposure to claims in negligence.
- Acting for the architects employed to design a local authority school constructed under the BSF scheme.
- Acting for a public school in relation to defective heating design works carried out at the school.
- Acting for the Claimant in a number of claims about defectively designed cladding to commercial, industrial and residential properties.
- Representing architects on charges of unacceptable professional conduct before the Professional Conduct Committee of the Architect’s Registration Board.
- Acting for a client lacking mental capacity in a claim against his former Court of Protection appointed deputy for poor management of the client’s affairs.
ENERGY, NATURAL RESOURCES AND UTILITIES
Jennifer has been involved in a number of cases for purchasers, contractors, designers and operators arising out of issues with energy installations. When she first started working in this field she prioritised power stations and offshore installations utilising traditional energy sources. Whilst she continues to work those areas she is also instructed on an increasing number of cases concerning renewables. Cases include:
- Acting for the owner of a waste-to-energy plant in a payment dispute.
- Acting for the owner of a biomass plant in relation to defects in the structural performance of that plant.
- Acting for the developers and operators of an anaerobic digestion facility.
- Acting for contractors retained under a letter of intent in relation to the development of a potash mine.
- Acting for the Claimant in TCC proceedings concerning the adequacy of pole screws used in the construction of generators for oil-fired power plants.
- Acting for the contractor in an arbitration about the refurbishment and upgrade of a jack-up drilling unit in the Caribbean.
- Advising in respect of a project to develop a wood pellet production plant and combined heat and power plant.
- Advising in relation to entitlement to payment in respect of commissioning works carried out under the NEC Professional Services Form, at a nuclear power plant.
- Advising on the contractual arrangements for the construction of a nuclear power plant.
- Acting for the employer in a dispute with both the BOP contractor and turbine supplier concerning a wind farm.
- Advising on the contractual arrangements for the purchase of a wind farm.
- Acting for the supplier of cable to a nuclear power plant.
- 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 an international arbitration relating to the construction of a power/ desalination plant in the UAE, between French and German companies.
- Acting for the buyer of two jack-up oil rigs for the North Sea.
- Acting for the claimant contractor under a framework agreement for the provision of civil engineering works relating to the repair, maintenance and installation of gas mains.
- Advising on a settlement agreement concerning the construction of solar photovoltaic plants.
- Acting for the operator of a waste-to-energy plant in a dispute about the performance levels achieved.
GUARANTEES AND BONDS
Jennifer is familiar with the issues concerning the proper construction of bonds and guarantees, and regularly advises on the nature and meaning of these documents, together with acting in the following notable examples:
- Advised a parent company guarantor as to its liability to indemnify in respect of an adjudicator’s decision made against the subsidiary.
- 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.
Jennifer has both advised clients on the availability of injunctive relief and appeared in Court to obtain the same, in both with and without notice cases. Her experience includes:
- Advising on and obtaining injunctions in Party Wall matters to prohibit further construction and mandate the taking of steps to ensure that properties remain structurally sound.
- Advising on and obtaining injunctions to prevent or limit further construction on ongoing projects.
- Advising on the prospects of obtaining freezing injunctions.
Jennifer has also acted in a range of general commercial disputes including:
- Acting for a Thai company seeking to recover substantial damages in the commercial court in respect of allegedly unauthorised loan agreements.
- Representing the provider of hardware for use in a simulated training environment.
- Advising purchasers on their entitlement to claim damages for breach of the warranties in a share purchase agreement.
- Acting for a Claimant alleged to have procured a contract by fraud.
- Acting for and advising numerous appellants in appeals from awards made by the CITB and the ECITB.
- Representing a French company challenging the jurisdiction of the English Courts on the basis of its standard terms.
- Advising on the construction of insurance policies.
- Acting for companies on contested winding up petitions concerning the interaction between adjudicators’ decisions and winding up.
- Acting for an accountant on a disputed fees claim in Dubai.
- Advising a property owner of the grounds on which mobile telephone masts can be removed.
- Regularly advising and acting in respect of limitation issues.
Jennifer has been instructed in a number of Party Wall Act matters. In particular, she has:
- Represented surveyors in Party Wall Act proceedings.
- Successfully obtained injunctions to prevent further construction in Party Wall Act matters.
- Acted for a payer under a Party Wall Award who was seeking to recover the sums paid out from third parties.
HEALTH AND SAFETY
Jennifer has been instructed to advise and defend a basement works sub-contractor prosecuted under Health and Safety legislation for a serious fall from height on site.
OTHER PROFESSIONAL INFORMATION
Jennifer is an accredited TECBAR adjudicator. She is a member of the BTAS disciplinary panel pool, which hears disciplinary proceedings against barristers, and is an advocacy tutor for Lincoln’s Inn.
She is a member of COMBAR, TECBAR and the SCL.