Jennifer Talbot

Legal Director

She's very diligent, able to prioritise well and she's able to strike up a good rapport with clients.

— Chambers & Partners 2022

About

Jennifer is a litigator and regulatory lawyer, based in DLA Piper’s Edinburgh office. Jennifer is a member of the DLA Piper’s Safety, Health and Environment (SHE) group, and is a Co-Lead of DLA Piper’s Scotch whisky practice. She has a broad-ranging practice, with a specific focus on the Life Sciences, Industrials, and Consumer Goods, Fashion and Retail sectors.

With a background in commercial litigation, Jennifer has advised and guided clients through complex disputes, including property and construction disputes. Jennifer undertakes advocacy work in Inquiries and hearings in Sheriff Courts across Scotland, and has experience in alternative dispute resolution, including mediation and arbitration.

Jennifer has experience of advising clients in respect of group proceedings (class actions). Group proceedings are in their infancy in Scotland and, with the growing presence of global claims, this type of claim presents new challenges to companies. Jennifer has worked with colleagues in multiple jurisdictions to devise and implement a global defence strategy.

Within the regulatory sphere, Jennifer advises clients on a broad range of contentious and non-contentious matters, including health and safety and environmental law. Jennifer has particular experience in product safety, fire safety, and the regulatory aspects of health and social care. Jennifer advises and represents clients in complex and high-profile regulatory investigations, enforcement action and prosecutions, and Fatal Accident Inquiries.

Jennifer has a particular interest and specialism in the regulation of Scotch whisky. She advises domestic and international clients on their operations in the Scotch whisky industry. She advises on all aspects of the regulation of Scotch whisky, including the verification of provenance (from cask to bottle), bottling and labelling, and branding. Jennifer has built connections within the industry, and combines knowledge of the black letter law with the customs and practice to provide comprehensive and practical advice to clients entering or operating in the market.

Jennifer is recognised by clients for her responsiveness, and her commercial and pragmatic advice.

Areas of FocusIndustrials Infrastructure, Construction and Transport Real Estate Litigation, Arbitration and Investigations

EXPERIENCE

Providing a broad range of regulatory advice to an overseas investor in Scotch whisky, including carrying out a full audit to verify the provenance of a portfolio of high-value casks.
Representing a global medical device manufacturer in respect of product liability claims raised by consumers, working as part of a global team of advisors and advising on mass claims.
Representing a global vehicle manufacturer in respect of alleged product safety defects; involving devising and implementing a strategy for responding to a number of regulatory investigations and representing the client in associated damages actions and warranty claims.
Providing regulatory and compliance advice to operators of private care homes; involving providing advice and representation in respect of regulatory investigations and advice on the terms of contracts with local authorities and private residents.
Preparing comprehensive reports of ESG laws for multiple global retailers, advising on obligations under UK and EU laws and coordinating responses from multiple jurisdictions to provide practical compliance advice.
Providing regulatory advice to a global retailer in respect of the implementation of the Deposit Return Scheme in Scotland; working as part of a multi-jurisdictional team and advising on a strategy for compliance.
Representing the insurer of a global manufacturer in respect of c. 30 damages actions raised in the Court of Session, Edinburgh under the Consumer Protection Act. The actions raised complex issues of causation and quantum, with considerable damages being claimed in respect of ongoing loss of employability.
Representing one of the UK's leading private equity and alternative asset managers in a complex high-value commercial dispute concerning breach of directors’ duties.
Successfully defending a high-profile property dispute (Soulsby v Jones) concerning the creation of a servitude right of access over residential property in Elie, Fife. Servitude cases are relatively rare in Scotland, and the decisions of the Outer House (court of first instance) and the Inner House (appeal court) provide detailed analysis of the authorities and criterion for the creation of servitude rights of access by prescription and necessity. As such, Soulsby v Jones will likely become a leading authority in Scotland.
(https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2021csih48.pdf?sfvrsn=e0879b70_1 and
https://www.scotcourts.gov.uk/docs/default-source/default-document-library/2020csoh103.pdf?sfvrsn=0)
Representing a property investment company in urgent proceedings to overturn a financial arrestment order.