Dirk van Heck | Barrister
Dirk’s practice covers the full range of commercial, business, property and employment law. He also has particular experience of cross-border disputes and cases with an offshore aspect as well as privacy law and data protection.
Having previously worked for a leading international law firm overseas, Dirk was well placed to gain authorisation to conduct litigation when this became available to self-employed barristers in 2014. He has been running cases ever since, whilst continuing to undertake regular Direct Access work and to accept instructions from solicitors.
As a trained mediation advocate with considerable experience, Dirk is as comfortable with alternative dispute resolution as he is fighting cases through the courts.
AREAS OF PRACTICE
Commercial
Contract law, banking and financial services, consumer, IT law, and construction disputes.
Business
Company law, partnerships, joint ventures, fraud and asset recovery, insolvency, professional negligence, cross-jurisdictional disputes and those with an offshore element and employment law.
Property
Landlord and tenant disputes (commercial and residential), neighbour disputes and rights of way, service charge disputes, lease extensions, cohabitation and trusts of land, wills and probate.
Privacy Law and Data Protection
Breach of confidence, misuse of private information, harassment, anonymity orders and the GDPR.
ACADEMIC AND PROFESSIONAL RECORD
MA (Cambridge University) – First Class
Postgraduate Diploma in Law
Jules Thorn Scholar & Astbury Scholar of the Middle Temple
Completed the Keble College International Advanced Advocacy Course
Completed Bar Council Mediation Advocacy training
Called to the Bar of England & Wales (2001)
Called to the Bar of the Eastern Caribbean Supreme Court (British Virgin Islands) (2009)
Qualified to accept instructions under the Public Direct Access Scheme (2008)
Authorised to conduct litigation (2014)
REPORTED CASES
Business & Commercial
Al Nasser & Al Masri Trading Company WLL Limited Liability Company v Munir [2022] EWHC 1174 (QB)
(Civil procedure/enforcement of foreign judgments/fraud/natural justice/human rights: whether the applicant had a real prospect of success in defending a claim on grounds that a foreign judgment was obtained by fraud or in breach of natural justice/Art. 6 of the European Convention on Human Rights.)
Van Heck v Giambrone & Partners Studio Legale Associato [2022] EWHC 1098 (QB)
(Civil procedure/EU law/jurisdiction: whether the court was obliged to stay its proceedings in circumstances where an out-of-time appeal had been filed in parallel proceedings in another Brussels I (recast) contracting member state that was first seised.)
Vitrition UK Ltd v Caine & Ors [2022] EWHC 51 (Comm)
(Civil Procedure/company law: whether relief from sanctions should be granted in circumstances where there had been various failings by litigants-in-person in respect of Extended Disclosure.)
Vacek & ors v Triload Invest s.v.o. (in Liquidation) [2020] EWHC 3264 (Ch)
(Civil procedure/insolvency/costs: whether an order for security for costs should be made against a claimant funded by a damages-based agreement.)
Cowley v L.W. Carlisle & Company Limited [2020] EWHC Civ 227 (CA)
(Civil procedure/jurisdiction/company law: whether jurisdictional issues may be addressed by the court under CPR r3.4 when no application has been made under Part 11 (after company struck off and dissolved)).
World First (UK) Limited v Chemistree Homecare Limited [2014] EWCA 2840 (QB)
(Civil procedure/banking and finance/contract law: whether the defendant should be permitted to adduce further evidence on a summary judgment application based on anticipatory breach of a foreign exchange contract.)
Relfo Ltd (in Liquidation) v Varsani, [2012] EWHC 2168 (Ch); LTL 20/7/2012
(Restitution/insolvency: trial involving equitable tracing, knowing receipt and unjust enrichment.)
Cukurova Finance International Limited & anr v Alfa Telecom Turkey Limited, HCVAP 2010/18 & 2010/24
(Application for relief pending appeal to Privy Council: inherent jurisdiction of ECSC Court of Appeal to stay execution and make declaratory orders and/or grant or continue an injunction.)
Commercial Bank-Cameroun v Nixon Financial Group Limited, BVI Civil Appeal No. 5 of 2011
(Civil procedure/conflict of laws: application to set aside leave to serve claim out of the jurisdiction.)
Tarquin Ltd v Telltop Ltd, BVIHCV No. 279 of 2009
(Contract/insolvency: construction of loan facility agreement.)
Pioneer Freight Futures Co Ltd v Map Marine Ltd, BVIHCV No. 308 of 2009
(Insolvency/contract: effect of premature service of statutory demand in re futures contract.)
Pioneer Freight Futures Co Ltd v Worldlink Shipping, Samoa, BVIHCV Nos. 135 & 152 of 2009
(Conflict of laws/insolvency: proper jurisdiction for resolution of dispute over debt.)
Professional Offshore Opportunity Fund Ltd v Daiwa Securities and Banking (Europe) plc as Custodian for KBCZAF, BVIHCV No. 6 of 2009
(Insolvency/funds: distressed hedge fund; whether dispute over debt substantial.)
Property
Hyslop v 38/41 GHC Residents Company Limited [2018] EWHC 3893 (QB)
(Civil Procedure/property law/service charges: need for a formal application for relief from sanctions when claim struck out under the terms of an “unless” order.)
Fowler v Barron [2008] EWCA Civ 377 (CA); LTL 23/4/2008; [2008] 2 FCR 1
(Cohabitation/trusts of land: whether a property held in joint names was subject to a constructive or resulting trust.)
Privacy Law
LCG & Ors v OVD & Ors [2023] EWHC 2058 (KB)
(Misuse of private information; breach of confidence; harassment; duress; social media; the proper approach to civil procedure; the proper approach to evidence)
TESTIMONIALS
“Dirk acted for me on a complicated trust of land case and successfully won the case for me due to his in-depth knowledge and professional capability. He is also extremely personable and totally dedicated to his work.” – Alison Middleton, homeowner.
“My company recently had the privilege of being represented by Dirk in a county court action. He showed a great ability to cut through the issues and focus on the facts. Calm and eloquent, he quickly exposed the smokescreens and inconsistencies put up by the defence and resoundingly won us the day. I would have no hesitation recommending Dirk as an excellent commercial barrister and advocate.” – Anthony Dallison, CEO, Fern Marketing Ltd.
“Dear Dirk, I just want to thank you for your assistance in our recent employment tribunal. We were all grateful for your professional yet charming manner throughout the proceedings. You made us feel as though you had a genuine interest in our case and calmly guided us through our first such tribunal, reducing the stress levels by some measure. We felt that you were a ‘safe pair of hands’, and the icing on the cake at the end of it all was that we won! I will not hesitate to recommend colleagues to you for advice and assistance…” – Colin Farmer FCA, Partner, Alliotts Chartered Accountants and Business Advisors.