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Jennifer Varley

Jennifer Varley

Partner

London

T: +44 (0) 20 3400 2255

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Biography

Jennifer is experienced in construction and engineering claims and disputes, including complex litigation and international arbitration. She advises clients on industry specific issues including claims relating to defects, delay, payment and final account settlement.

Admissions

  • England and Wales

Related Capabilities

Construction Disputes Construction Disputes

Litigation & Dispute Resolution Litigation & Dispute Resolution

Energy Transition Energy Transition

Real Estate Real Estate

  • Construction Disputes

  • Litigation & Dispute Resolution

  • Energy Transition

  • Real Estate

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Insights
Nov 03, 2025

Financing data centre developments: Balancing risk and opportunity in a capital-intensive sector

This is the third in a ten-part article series on the legal strategies shaping the future of data centre development in the UK. The United Kingdom’s data centre sector is built on a striking paradox: demand for digital infrastructure seems limitless, but building it requires eye-watering amounts of capital. A hyperscale facility can cost more than £500 million, putting data centres among the most capital-intensive real estate assets in the world. In this high-stakes environment, financing is not just about securing capital. It’s about designing the right capital structure – balancing debt and equity in a way that reduces risk, satisfies lenders, equity partners and tenants, and still delivers long-term returns. In this third instalment of our Insight Series, we look at how sophisticated financing structures are used to balance risk and opportunity in the UK data centre market and share practical advice to help developers navigate complexity with confidence
Insights
Oct 23, 2025

Structuring shell and core data centre developments: Legal strategies for scalability and flexibility

This is the second in a ten-part article series on the legal strategies shaping the future of data centre development in the UK. The UK data centre sector’s expansion is increasingly dominated by the shell and core development model. Hyperscale and major colocation tenants are seeking to deploy capital efficiently, accelerate their time-to-market, and retain maximum control over their proprietary technical environments. In response, developers are delivering powered shells – buildings with foundational power and cooling infrastructure but without tenant-specific fit-out – as the market standard. This approach provides tenants with the freedom to customise their IT architecture. But it also presents developers and investors with complex legal and commercial challenges. The core objective is to create a flexible, scalable asset while ensuring a secure, bankable investment that meets the stringent criteria of institutional finance. The success in shell and core projects depends on the seamless integration of planning, development, construction, leasing and regulatory strategies. A misstep in one area can cascade through the project, affecting finance, tenant relationships and operational performance. This second instalment of our Insight Series examines the legal frameworks underpinning these developments, from the structure of development management agreements and lease contracts to the regulatory considerations shaping the market.
Insights
Oct 14, 2025

Mastering powered land transactions for UK data centres

This is the first in a ten-part article series on the legal strategies shaping the future of data centre development in the UK. The UK’s data centre market is entering a period of rapid expansion, set to grow from $10.7 billion in 2024 to $22.7 billion by 2030. This is being driven by the computational demands of artificial intelligence, the widespread shift to cloud services and the relentless rise of enterprise-level computing. The result is a highly competitive market for powered land. For hyperscale operators, institutional investors and specialist developers, the acquisition of these sites is no longer confined to the parameters of conventional real estate. Instead, it’s now a complex, high-stakes convergence of energy regulation, planning law and strategic commercial negotiation. Successfully navigating this landscape to deliver projects on time and on budget requires commercially astute legal advice to mitigate risk, unlock value and achieve market-leading outcomes. In this article, we explore the legal, regulatory and commercial strategies that underpin successful data centre development, from planning consent and power supply agreements to ESG integration and emerging technological requirements.
Insights
Jun 26, 2025

The role of policy and what it means for the conduct of claims for building safety disputes

In this Insight, first published in PLC, BCLP Partners Jennifer Varley and James Clarke consider the Supreme Court decision in URS Corp Ltd v BDW Trading Ltd [2025] UKSC 21, which has significant implications for building safety disputes. This article explores the four grounds of appeal brought by URS after the developer, BDW, sought to recover costs for remediating structural defects. 
Insights
Aug 21, 2023

Risk mitigation in a volatile price market

The construction industry will continue to face rising material prices, volatile markets and inflation. Disputes go hand in hand with rising prices as projects become much more difficult to complete on time and within budget. However, contractors can take some steps to protect themselves in a volatile market and manage liabilities and disputes if they arise.
Insights
Jan 12, 2022

PFI ‘Health Checks’: The latest proposal to manage PFI expiry risk

On 16 December 2021, the PFI Centre of Excellence issued its Phase 1 PFI Expiry Health and Learnings Report. In this BCLP Insight, Jennifer Varley considers how these development areas may impact both the public and private sector.
Insights
Mar 11, 2021

A final account problem – JSM Construction v Western Power

The final account is normally a wrap-up of the contractor’s valid claims for extra payment. It’s particularly helpful if claims were not submitted or assessed as works progressed. So, what happens if the contract doesn’t have a final account procedure but there are claims outstanding once the works are finished? Can a final account procedure be implied under section 110(3) of the Construction Act 1996This was one of the questions the TCC faced in the recent case of JSM Construction v Western Power.

Related Insights

Insights
Nov 03, 2025
Financing data centre developments: Balancing risk and opportunity in a capital-intensive sector
This is the third in a ten-part article series on the legal strategies shaping the future of data centre development in the UK. The United Kingdom’s data centre sector is built on a striking paradox: demand for digital infrastructure seems limitless, but building it requires eye-watering amounts of capital. A hyperscale facility can cost more than £500 million, putting data centres among the most capital-intensive real estate assets in the world. In this high-stakes environment, financing is not just about securing capital. It’s about designing the right capital structure – balancing debt and equity in a way that reduces risk, satisfies lenders, equity partners and tenants, and still delivers long-term returns. In this third instalment of our Insight Series, we look at how sophisticated financing structures are used to balance risk and opportunity in the UK data centre market and share practical advice to help developers navigate complexity with confidence
Insights
Oct 23, 2025
Structuring shell and core data centre developments: Legal strategies for scalability and flexibility
This is the second in a ten-part article series on the legal strategies shaping the future of data centre development in the UK. The UK data centre sector’s expansion is increasingly dominated by the shell and core development model. Hyperscale and major colocation tenants are seeking to deploy capital efficiently, accelerate their time-to-market, and retain maximum control over their proprietary technical environments. In response, developers are delivering powered shells – buildings with foundational power and cooling infrastructure but without tenant-specific fit-out – as the market standard. This approach provides tenants with the freedom to customise their IT architecture. But it also presents developers and investors with complex legal and commercial challenges. The core objective is to create a flexible, scalable asset while ensuring a secure, bankable investment that meets the stringent criteria of institutional finance. The success in shell and core projects depends on the seamless integration of planning, development, construction, leasing and regulatory strategies. A misstep in one area can cascade through the project, affecting finance, tenant relationships and operational performance. This second instalment of our Insight Series examines the legal frameworks underpinning these developments, from the structure of development management agreements and lease contracts to the regulatory considerations shaping the market.
Insights
Oct 14, 2025
Mastering powered land transactions for UK data centres
This is the first in a ten-part article series on the legal strategies shaping the future of data centre development in the UK. The UK’s data centre market is entering a period of rapid expansion, set to grow from $10.7 billion in 2024 to $22.7 billion by 2030. This is being driven by the computational demands of artificial intelligence, the widespread shift to cloud services and the relentless rise of enterprise-level computing. The result is a highly competitive market for powered land. For hyperscale operators, institutional investors and specialist developers, the acquisition of these sites is no longer confined to the parameters of conventional real estate. Instead, it’s now a complex, high-stakes convergence of energy regulation, planning law and strategic commercial negotiation. Successfully navigating this landscape to deliver projects on time and on budget requires commercially astute legal advice to mitigate risk, unlock value and achieve market-leading outcomes. In this article, we explore the legal, regulatory and commercial strategies that underpin successful data centre development, from planning consent and power supply agreements to ESG integration and emerging technological requirements.
Insights
Jun 26, 2025
The role of policy and what it means for the conduct of claims for building safety disputes
In this Insight, first published in PLC, BCLP Partners Jennifer Varley and James Clarke consider the Supreme Court decision in URS Corp Ltd v BDW Trading Ltd [2025] UKSC 21, which has significant implications for building safety disputes. This article explores the four grounds of appeal brought by URS after the developer, BDW, sought to recover costs for remediating structural defects. 
Insights
Aug 21, 2023
Risk mitigation in a volatile price market
The construction industry will continue to face rising material prices, volatile markets and inflation. Disputes go hand in hand with rising prices as projects become much more difficult to complete on time and within budget. However, contractors can take some steps to protect themselves in a volatile market and manage liabilities and disputes if they arise.
Insights
Mar 24, 2022
Managing PFI contract expiry risks – updated IPA guidance
Insights
Jan 12, 2022
PFI ‘Health Checks’: The latest proposal to manage PFI expiry risk
On 16 December 2021, the PFI Centre of Excellence issued its Phase 1 PFI Expiry Health and Learnings Report. In this BCLP Insight, Jennifer Varley considers how these development areas may impact both the public and private sector.
Insights
Sep 01, 2021
How to avoid PFI contract expiry risks
Insights
Mar 11, 2021
A final account problem – JSM Construction v Western Power
The final account is normally a wrap-up of the contractor’s valid claims for extra payment. It’s particularly helpful if claims were not submitted or assessed as works progressed. So, what happens if the contract doesn’t have a final account procedure but there are claims outstanding once the works are finished? Can a final account procedure be implied under section 110(3) of the Construction Act 1996This was one of the questions the TCC faced in the recent case of JSM Construction v Western Power.