People

David Heaton

Year of Call: England and Wales 2015; Victoria, Australia 2010

Email: david.heaton@brickcourt.co.uk

Clerk: Luke Carvalho Phone: 020 7520 9805 luke.carvalho@brickcourt.co.uk

David Heaton

Year of Call: England and Wales 2015; Victoria, Australia 2010

Email: david.heaton@brickcourt.co.uk

Clerk: Luke Carvalho Phone: 020 7520 9805 luke.carvalho@brickcourt.co.uk

Overview

David practises in commercial, public, EU, competition law and international arbitration.  He has worked during pupillage on matters involving energy, online services, shipping, insurance, legal services and banking.

David’s commercial litigation experience as a pupil barrister includes claims for breach of contract, fiduciary duty and trust, IP infringements, civil fraud, conversion, breach of confidence, conspiracy, fraudulent insurance claims, and challenging corporate actions.  He has been involved in jurisdiction challenges, applications for interim injunctive relief and an international arbitration between a large energy company and a State.

In public law, David has worked and advised during pupillage on judicial review claims before the Administrative Court in England in areas including tobacco regulation, market abuse and journalistic freedoms.  He has worked on matters involving data protection and criminal mutual legal assistance.  His MPhil thesis examined the legal basis of the UK government’s power to make contracts.

David’s EU work during pupillage has included litigation and advice on the scope and application of EU sanctions regimes, interpretation of EU instruments, and compatibility of UK with EU law.  He has worked on challenges in the EU Court of Justice to the validity of an EU directive and in the General Court to sanctions listings.

David has worked on competition law matters during pupillage including a follow-on and stand-alone damages claim and advice on the scope of EU competition law.

David was previously an Associate to the Hon Justice Kenneth Hayne AC of the High Court of Australia, a solicitor at King & Wood Mallesons in Melbourne in Banking and Tax, and an Associate at the Boston Consulting Group in Melbourne.  He graduated first in his LLB class at the University of Melbourne and completed both the BCL and an MPhil with distinction at St John’s College, Oxford.  He speaks German to a high standard and Indonesian to an intermediate level.

practice areas

Commercial

David has experience in a range of commercial matters, including banking, insurance, civil fraud, shipping, international arbitration, partnership disputes, and general contractual, fiduciary and trusts issues.  Recent instructions and cases on which he has worked as a pupil include:

- Accident Exchange Ltd v McLean — civil fraud and conspiracy claim in the Commercial Court in relation to allegedly false evidence being given in other matters (led by Tom Adam QC, Timothy Kenefick and Oliver Jones)

- Cayman Island claim concerning the validity of corporate actions under a sanctions regime and authority to act of foreign state-owned entities (led by Maya Lester QC)

- Energy Venture Partners Ltd v Commissioner of the Police of the Metropolis — civil fraud, conversion and confidential information claim in the Commercial Court, including application for an interim injunction (assisting Simon Salzedo QC and Fionn Pilbrow as a pupil)

- Gorenje dd v Danfoss A/S — challenge to jurisdiction and application for strike-out/summary judgment in follow-on damages claim for cartel conduct (assisting David Scannell as a pupil)

- Harb v Aziz — contractual claim in the Court of Appeal, with appeal grounds involving findings of fact and apprehended bias (assisting Charles Hollander QC as a pupil)

- Versloot Dredging BV v HDI Gerling Industrie Versicherung AG — Supreme Court appeal on the scope of the fraudulent claims rule in insurance law (assisting Richard Lord QC and Victoria Wakefield as a pupil)

- “Partnership” dispute in relation to an online business raising contractual, trust, fiduciary duty and IP issues (assisting Fionn Pilbrow as a pupil)

David regularly advises on commercial law issues.  Recent instructions and advices on which he has worked as a pupil have addressed:

- Vessel charters’ compliance with applicable sanctions regimes (led by Maya Lester QC)

- Interpreting swap agreements and the extent of assumed performance in assessing damages (assisting Richard Blakeley as a pupil)

Public law

David has wide public law experience, including proportionality and rationality challenges, consultation challenges, EU-related judicial review, and human rights claims.  Recent instructions and cases on which he has worked as a pupil include:

- R (British American Tobacco) v Secretary of State for Health — judicial review in the Administrative Court of UK plain packaging regulations on grounds including failure properly to consult, irrationality, proportionality, incompatibility with an EU directive and human rights (assisting David Scannell as a pupil)

- Joined Cases T-14/14 and T-87/14 Islamic Republic of Iran Shipping Lines v Council — application before the EU General Court for annulment of sanctions re-listings on grounds including right to an effective remedy, absence of legal basis, inadequate reasons, rights of defence and fundamental principles of EU law (assisting Maya Lester QC as a pupil)

- International arbitration in energy sector raising admissibility of documents obtained under international, EU and domestic criminal mutual legal assistance treaties and laws and EU and domestic data-protection laws (assisting Maya Lester QC as a pupil)

- Case C-547/14 R (Philip Morris Brands Sarl) v Secretary of State for Health — challenge in the EU Court of Justice to validity of the Second EU Tobacco Products Directive (assisting David Scannell as a pupil)

- R (Cruelty Free International) v Secretary of State for Business Innovation and Skills — judicial review in the Administrative Court on the interpretation of the EU Cosmetics Regulation (assisting David Scannell as a pupil)

- Rahmatullah v Ministry of Defence — damages claim under Iraqi law and UK Human Rights Act for actions of British armed forces in Iraq and Afghanistan (assisting Maya Lester QC as a pupil)

David advises regularly on public law issues.  His recent instructions include advising on:

- Compliance with, and journalistic exceptions to, objectivity and conflict disclosure requirements under the EU Market Abuse Regulation (led by Martin Chamberlain QC)

- The scope of EU and UK Overseas Territory sanctions regimes targeting Russia (led by Maya Lester QC)

David’s MPhil thesis examined the legal basis of the UK government’s power to make contracts. He has a particular interest in non-statutory executive power.

EU/Competition

David has significant EU law experience, including in competition law, sanctions, IP, and judicial review before EU courts.  Recent instructions and cases on which he has worked as a pupil include:

- Joined Cases T-14/14 and T-87/14 Islamic Republic of Iran Shipping Lines v Council — application before the EU General Court for annulment of sanctions re-listings on grounds including right to an effective remedy, absence of legal basis, inadequate reasons, rights of defence and fundamental principles of EU law (assisting Maya Lester QC as a pupil)

- Case C-547/14 R (Philip Morris Brands Sarl) v Secretary of State for Health — challenge in the EU Court of Justice to validity of the Second EU Tobacco Products Directive (assisting David Scannell as a pupil)

- Comic Enterprises Ltd v Twentieth Century Fox Film Corp — trademark infringement claim and challenge in Court of Appeal to compatibility of “series” trademark registrations with the Trade Marks Directive (assisting Nicholas Saunders as a pupil)

- R (British American Tobacco) v Secretary of State for Health — judicial review in the Administrative Court of UK plain packaging regulations on EU grounds including proportionality, incompatibility with an EU directive and incompatibility with the EU Charter of Fundamental Rights (assisting David Scannell as a pupil)

- Gorenje dd v Danfoss A/S — challenge to jurisdiction and application for strike-out/summary judgment in follow-on damages claim for cartel conduct (assisting David Scannell as a pupil)

- R (Cruelty Free International) v Secretary of State for Business Innovation and Skills — judicial review in the Administrative Court on the interpretation of the EU Cosmetics Regulation (assisting David Scannell as a pupil)

- Challenge to a decision of the European Chemicals Agency to require further testing of a substance under the REACH Regulation before the ECHA Board of Appeals (assisting David Scannell and Andrew McIntyre as a pupil)

David advises on a wide range of EU law issues.  Recent instructions and matters on which he has worked as a pupil include advice on:

- The scope and application of an EU sanctions regime targeting Russia to vessel charters (led by Maya Lester QC)

- Compliance with, and journalistic exceptions to, objectivity and conflict disclosure requirements under the EU Market Abuse Regulation (led by Martin Chamberlain QC)

- Interpretation of the EU Interchange Fee Regulation (led by Maya Lester QC)

Arbitration

David assisted Maya Lester QC as a pupil with an international arbitration between a State and energy company on questions of admissibility of evidence raising issues of applicable law, international arbitral procedure and mutual legal assistance and data protection treaties and laws.

His forthcoming book, Non-Discrimination and the Role of Regulatory Purpose, examines national treatment and most-favoured nation provisions in international investment treaties (which commonly give rise to investor–State arbitrations) and the World Trade Organization treaties.

Publications

Non-Discrimination and the Role of Regulatory Purpose (2016, Edward Elgar, forthcoming, with Andrew Mitchell and Caroline Henckels)

Carnduff, Al Rawi, the “Unfairness” of Public Interest Immunity and Sharp Procedure’ (2015) 34 Civil Justice Quarterly 182

‘Bias and Previous Determinations: Four Recent Decisions’ (2015) 34 Civil Justice Quarterly 160

‘The Inherent Jurisdiction of WTO Tribunals: The Select Application of Public International Law Required by the Judicial Function’ (2010) 31 Michigan Journal of International Law 559 (with Andrew Mitchell)

(2009) 33 Melbourne University Law Review (Editor-in-Chief with Luke Pallaras and Anna Zhang)

Education & Qualifications

Professional Experience and Qualifications:

2015: Called to the Bar of England and Wales

2012–13: Associate, Boston Consulting Group, Melbourne

2011–12: Associate (Judicial Assistant) to the Hon Justice Hayne AC, High Court of Australia

2010–11: Solicitor / Graduate, King & Wood Mallesons, Melbourne — Rotations in Banking and Tax

2010: Admitted as a Barrister and Solicitor of Supreme Court of Victoria and High Court of Australia

Education:

2014–15: MPhil (Distinction), St John’s College, University of Oxford — Thesis on “The Power of Government to Make Contracts”, supervised by Professor Anne Davies

2013–14: Bachelor of Civil Law (Distinction), St John’s College, University of Oxford

2009: Summer Academy on International Trade Regulation, World Trade Institute, University of Bern

2004–09: Bachelor of Laws (First Class Honours, top-ranked student), Bachelor of Arts (Major in German), Diploma of Modern Languages (Indonesian), The University of Melbourne, Australia

Scholarships and Prizes:

University of Oxford / St John’s College, Oxford:

2015 Eldon Law Scholarship (joint recipient — most promising Oxford graduate intending to practise at the Bar)

Clifford Chance Civil Procedure Prize (BCL), Sir Roy Goode Prize (best St John’s College results in BCL)

2013 Sir Robert Menzies Memorial Scholarship in Law (Australian scholarship for BCL and MPhil)

University of Melbourne, Australia:

National Scholarship for Bachelor of Arts/Bachelor of Laws at University of Melbourne (scholarship to undertake undergraduate studies)

Supreme Court Prize 2009 (first-ranked student of 404 in Bachelor of Laws) and EJB Nunn Scholarship

Subject prizes in Legal Ethics, Jessup Moot, Constitutional and Administrative Law (Second Place), Property II, History and Philosophy of Law I

Exhibition Prizes in German 1, German 2 and German 3

Advocacy:

2014 JustCite Procedural Justice Moot, University of Oxford, Runner Up

2008–09 Jessup Moot Court Competition, Australian Champion Team and Run-Off Rounds in World Finals

2006–07 ELSA EMC2 WTO Moot Court Competition, World Champion Team

2006 Sir Harry Gibbs Constitutional Law Moot, Melbourne, Best Written Submissions


About cookies on our website

Following a revised EU directive on website cookies, each company based, or doing business, in the EU is required to notify users about the cookies used on their website.

Our site uses cookies to improve your experience of certain areas of the site and to allow the use of specific functionality like social media page sharing. You may delete and block all cookies from this site, but as a result parts of the site may not work as intended.

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)