Biography

Dirk's business and commercial practice includes contract law, banking and financial services, consumer, data protection and IT law, construction disputes, company law, partnerships, joint ventures, fraud and asset recovery, insolvency, professional negligence, cross-jurisdictional disputes and those with an offshore element and employment law.

Reported commercial cases:

• 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.)
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• 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.)