Profile
Jess specialises in substantial and complex commercial and construction disputes. She regularly appears before the English Commercial Court, the Technology and Construction Court (TCC), and in international arbitrations (including LCIA, UNCITRAL and ICC), both as sole counsel and as part of a larger counsel team.
Jess is a highly skilled, persuasive and experienced advocate, known for her effective and robust cross-examination.
She has particular experience and expertise in:
- Construction and infrastructure disputes, including offshore, on JCT, NEC, FIDIC and bespoke contracts, and related professional negligence disputes
- Private finance initiative (PFI) contract disputes
- Energy disputes, including nuclear, renewables, waste, bulk electricity supply, rig hire and pipeline construction. Oil and gas disputes, including joint operating agreements (JOAs), production sharing contracts (PSCs), back-in disputes and equity determinations
- Insurance, bonds and guarantees
Jess speaks good Japanese and fluent French.
Contact Us
Helaina Padda
Assistant Practice Manager
Appointments
- 2006 – 2012: HM Attorney General’s panel counsel.
Publications
Jess contributed to Energy Arbitration, OUP pending, writing, jointly with Peter Rees QC, a chapter on Disputes Relating to Energy Construction and Infrastructure Projects. Construction Contracts: Law and Practice. Richard Wilmot-Smith QC, 2nd Edition (Contributor) OUP 2010 and Nabarro Nathanson Local Authority Procurement (Butterworths, 2002).
Jess has a finance background. Before coming to the Bar, she was an equity analyst with Credit Suisse First Boston and Citigroup in Paris and London.
Additional Information
Reported Cases
- Shell UK v Revenue & Customs Commissioners (Sp Comm) 2 August 2007 Lawtel 28 August 2007.
- RWE Nukem Ltd v AEA Technology Plc (CA) 20 October 2005 [2005] EWCA Civ 1192.
- Seymour and Seymour v Caroline Ockwell & Co and Zurich IFA Limited 13 May 2005 [2005] EWHC 1137 (QB).
- Oxford City Council v First Secretary of State and J A Pye (Oxford) Ltd (QBD) 12 January 2010 [2004] EWHC 2447 (Admin); [2005] JPL 847.
- Legal Services Commission v Mohammed Rasool (CA) 5 March 2008 [2008] EWCA Civ 154; [2008] 3 All ER 381.
- Solvent Resource Management Ltd v Environment Agency; OSS Group Ltd v Environment Agency (QBD) 30 November 2006 [2006] EWHC 3023 (Admin).
- The Maersk Co Ltd v Wilson (CA) [2004] EWCA Civ 313.
Appointments
- 2006 – 2012: HM Attorney General’s panel counsel.
Publications
Jess contributed to Energy Arbitration, OUP pending, writing, jointly with Peter Rees QC, a chapter on Disputes Relating to Energy Construction and Infrastructure Projects. Construction Contracts: Law and Practice. Richard Wilmot-Smith QC, 2nd Edition (Contributor) OUP 2010 and Nabarro Nathanson Local Authority Procurement (Butterworths, 2002).
Jess has a finance background. Before coming to the Bar, she was an equity analyst with Credit Suisse First Boston and Citigroup in Paris and London.
Additional Information
Reported Cases
- Shell UK v Revenue & Customs Commissioners (Sp Comm) 2 August 2007 Lawtel 28 August 2007.
- RWE Nukem Ltd v AEA Technology Plc (CA) 20 October 2005 [2005] EWCA Civ 1192.
- Seymour and Seymour v Caroline Ockwell & Co and Zurich IFA Limited 13 May 2005 [2005] EWHC 1137 (QB).
- Oxford City Council v First Secretary of State and J A Pye (Oxford) Ltd (QBD) 12 January 2010 [2004] EWHC 2447 (Admin); [2005] JPL 847.
- Legal Services Commission v Mohammed Rasool (CA) 5 March 2008 [2008] EWCA Civ 154; [2008] 3 All ER 381.
- Solvent Resource Management Ltd v Environment Agency; OSS Group Ltd v Environment Agency (QBD) 30 November 2006 [2006] EWHC 3023 (Admin).
- The Maersk Co Ltd v Wilson (CA) [2004] EWCA Civ 313.
Contact Us
Helaina Padda
Assistant Practice Manager
Areas Of Expertise
Jess has experience of advising and representing parties to PFI contracts, both in relation to their operation (e.g. paymech disputes) and in relation to termination issues include valuation.
Cases of Note
- Advising a PFI company in relation to deductions made under a PFI contract, and the termination of that contract.
- Advising a local authority in relation to a PFI contract, in the context of acceptance testing of a waste facility, termination for cause and related valuation exercise.
- Advising a subcontractor providing multi-site facilities management services to a government department, under a PFI contract umbrella.
Jess’s extensive energy experience covers oil and gas exploration, energy from waste, biomass, renewables, nuclear, gas pipeline construction, JOA and PSC issues including back-in and equity determination disputes, rig hire, exploration decisions, long term gas, oil and electricity supply contracts, and property damage to a power station and associated loss of income claims.
Cases of Note
- Representing an international oil company in an international arbitration arising out of disputed cash calls under a JOA.
- Representing an international oil company in two arbitrations arising out of an expert equity determination pursuant to an oilfield unitisation agreement.
- Advising a party to a JOA and PSC in relation to a dispute regarding back-in rights.
- Representing the operator of offshore assets in Commercial Court litigation about the termination of a long-term rig hire contract for force majeure/frustration.
- Representing a party to an oil exploration joint venture in relation to a dispute arising out of a decision not to drill further wells.
- Representing the claimant in a claim arising out of a long-term gas supply contract.
- Representing the claimant in a claim arising out of a bulk electricity supply contract.
- Representing the claimant in a dispute arising out of offshore horizontal directional drilling (HDD) works to build a gas pipeline (ICC arbitration).
- Representing a nuclear engineering company in a multi-million pound warranty and indemnity claim in the TCC arising out of the sale of a nuclear processing business.
- Representing a company manufacturing fuel oil from waste products.
- Representing HM Revenue & Customs in a £200m case on the taxation and interpretation of long-term oil and gas sale contracts in the North Sea.
- Advising and appearing in a £40m professional negligence claim arising out of an explosion at a South African power plant.
- Advising in relation to a professional negligence claim arising out of the construction of a micro hydro-electric plant.
Jess has extensive experience of disputes in relation to property damage, especially fires and explosions.
Cases of Note
- Advising and appearing in a multi-party TCC dispute arising out of a fire at a power station, with complex liability and quantum issues.
- Advising in relation to a claim arising out of a fire at a DVD replication facility.
- Representing numerous claimants in claims arising out of the Buncefield oil depot explosion.
- Advising and appearing in a £40m professional negligence claim arising out of an explosion at a South African power plant
Jess has extensive international arbitration experience including ICC, LCIA, PCA and UNCITRRAL, across a variety of sectors and seats, and has also acted as a party-appointed arbitrator in an ICC arbitration.
Cases of Note
- Acting for three purchasers of biomass plants in an ICC arbitration arising out of termination disputes valued at £100m.
- Representing the claimant in a dispute between partners in an international manufacturing joint venture based in India, and subject to Indian law contracts (LCIA arbitration).
- Representing an international oil company in an ICC arbitration arising out of disputed cash calls under a JOA.
- Representing the respondents in a PCA arbitration in two arbitrations arising out of an expert equity determination pursuant to an oilfield unitisation agreement.
- Representing the respondent in an ICC dispute arising out of a long-term international supply contract (aviation sector).
- Representing the claimant in an ICC arbitration arising out of offshore horizontal directional drilling (HDD) works to build a gas pipeline.
- Representing the respondents in an UNCITRAL arbitration arising out of a long-term electricity supply contract.
Jess has extensive experience in the litigation and arbitration of large construction disputes arising out of the major UK and international forms of contract and in various sectors.
Cases of Note
- Acting for the purchasers of biomass plants in an ICC arbitration arising out of termination disputes valued at £100m.
- Advising in relation to a dispute about aluminium composite material (ACM) cladding, the Building Regulations 2000 and 2010 and various versions of the guidance in Approved Document B.
- Acting for the claimant in a substantial damages claim for breach of a development agreement and deed of collateral warranty, arising out of defective workmanship/design.
- Acting for the UK-based claimant in an architect’s fees claim against two German companies for work done on a hospital in Ghana, including dealing with questions of forum and applicable law.
- Acting for the defendant employer in a TCC claim concerning the inter-relationship of various interim applications for payment and interim certificates.
- Acting in relation to a dispute under a JCT 98 With Contractor’s Design contract, in relation to a block of affordable housing units.
- Advising the employer in relation to a FIDIC contract for the construction of a hospital in Tobago.
- Advising in relation to the proper construction of an NEC contract, in the context of a dispute arising out of a substantial infrastructure project.
- Advising in relation to a dispute in connection with heads of terms for a contract for the design and construction of a power plant in South Africa.
- Acting for mechanical and electrical subcontractors in a dispute concerning the non-payment of contractual sums.
- Acting for the Department for Transport in relation to a claim for damages arising out of a bridge strike which disrupted a highway maintenance contract.
- Representing employers and contractors in various multi-track domestic building disputes concerning allegations of defective design and workmanship.
- Representing a local authority in relation to a dispute arising out of the construction of a leisure complex.
- Representing the defendant to a claim for professional negligence in the provision of geotechnical consulting services.
- Advising an NHS trust in relation to a claim for rescission of a sale of land, and a claim for breach of fiduciary duty.
- Representing a developer in proceedings arising out of the dismissal of a planning application.
Jess regularly advises in relation to insurance issues in the context of construction disputes and also has experience in the insurance field.
Cases of Note
- Acting for an insurer in a dispute as to existence of third-party rights in an insurance contract.
- Acting for insurers in relation to various forms of credit insurance and factoring contracts.
- Advising an insurer as to the existence of an insurable interest.
- Advising in relation to entitlements and liabilities under permanent health insurance contracts.
- Acting for Lloyd’s underwriters in a £50m claim for the recovery of illegal referral fees following the collapse of the TAG AIL scheme.
- Acting in relation to an insurance broker agency disputes.
- Advising in relation to rules of the General Insurance Standards Council.
Jess has experience of advising and representing claimants and defendants in commercial disputes in various sectors including long-term international supply contracts, international manufacturing joint ventures, long-term service agreements and distributorship agreements.
Cases of Note
- Representing the claimant in a dispute between partners in an international manufacturing joint venture based in India, and subject to Indian law contracts (LCIA arbitration).
- Representing the defendant in a dispute arising out of a long-term international supply contract (aviation sector, ICC arbitration).
- Advising in relation to bonus entitlements arising out of the sale of a telecoms business.
- Representing the claimant in relation to the claims and cross-claims arising out of the termination of a long-term service agreement.
- Acting for the defendant in a domestic arbitration arising out of warranties given on the sale of land and housing.
- Acting for the claimant in a substantial claim arising out of an international broadcasting licensing agreement.
- Acting for the issuers of an on demand performance bond.
- Advising in relation to distributorship agreements in a variety of sectors (e.g. dairy, military supplies and hosiery).
- Advising in relation to disputes arising out of abortive negotiations for the sale of a company by its shareholders.
- Acting for the claimant in a claim for sums due under an asset sale agreement.
- Advising in relation to a dividend dispute between shareholders and directors of a private limited company.
- Acting in relation to agency disputes, e.g. auctioneers, insurance brokers, yacht brokers and estate agents.
- Advising in relation to a dispute arising in connection with stolen Iraqi art.
Jess came to the Bar from the City, having started her career as an equity analyst at Credit Suisse First Boston and Citigroup in Paris and London. After coming to the Bar, she worked in the Financial Services Authority General Counsel’s Division, and has advised and acted for litigants in financial services disputes including representing an independent financial adviser in an important case on the scope of duties of care owed by independent financial advisers (IFAs) to their clients, and by larger IFAs/product provider marketing consultants to smaller IFAs and advising institutions and individuals in relation to the financial regulator’s rules and investigation and enforcement procedures.
Cases of Note
- Advising the Financial Services Authority in relation to the rules of the Financial Services Compensation Scheme.
- Advising the FSA in relation to its investigation into the activities of certain fund managers and brokers in the split capital investment trust sector between September 2000 and February 2002.
- Advising authorised persons regarding the FSA rules.
- Advising in relation to rules of the General Insurance Standards Council, the Banking Standards Code and OFT codes of practice, as well as of the Personal Investment Authority and Lloyd’s tribunals.
- Representing an independent financial adviser in an important case on the scope of duties of care owed by IFAs to their clients, and by larger IFAs/product provider marketing consultants to smaller IFAs.
- Advising a large financial institution in relation to the investigation and enforcement procedures of the Financial Services Authority.
- Advising the Financial Services Authority in relation to the rules of the Financial Services Compensation Scheme.
- Advising the FSA in relation to its investigation into the activities of certain fund managers and brokers in the split capital investment trust sector between September 2000 and February 2002.
- Advising in relation to rules of the General Insurance Standards Council, the Banking Standards Code and OFT codes of practice, as well as of the Personal Investment Authority and Lloyd’s tribunals.
