Daniel Foley

Daniel is a Managing Associate in Mishcon Private. He advises on a wide range of disputes across the Private Commercial Litigation, Private Wealth Disputes and Art Law teams.

Daniel assists high net worth individuals, families and businesses with resolving conflicts that are both commercial and personal. His matters typically involve trusts, estates, family businesses, high value assets (such as art collections, yachts and planes), reputational risks and general commercial and contractual issues. He also has previous experience in non-contentious private client work (tax and wealth planning).

Daniel works across Mishcon's London and United Arab Emirates offices, having recently completed a secondment for a year with MDR Mayfair in Dubai.

Key Experience

• Private Commercial Litigation: acted on various commercial disputes for private clients and family businesses, including a family dispute involving over 20 jurisdictions and worth over £3bn, several breach of contract claims, education-related disputes, professional negligence cases, director/shareholder fallouts, and issues concerning loans, gifts and high value assets.
• Private Wealth Disputes: acted on two multibillion, multijurisdictional disputes involving the estates and related trust structures of deceased billionaires, a 1975 Act claim against a £350m estate, a White v Jones negligence claim involving a £25m+ estate, a Court of Appeal case involving the disclosure of personal data and trust files to a beneficiary in connection with offshore trust litigation in the Bahamas, advised beneficiaries on "momentous decisions" and blessing applications, Mental Capacity related issues and generally advising beneficiaries, trustees and protectors on resolving potentially contentious issues.
• Art Law and Luxury Assets: advised private collectors, dealers and trustees on issues including the ownership (title) of several artworks, negligent restoration and damage to a historic art collection, negotiating the return of stolen or removed paintings, jewellery and watches (involving conversion and bailment issues), an art financing dispute concerning a large Middle Eastern art collection, investigating the disappearance of a private jet, and the first High Court case related to the Artist's Resale Right (ARR) Regulations.
• Education: acted for several families and students against independent schools and universities on disputes concerning personal injuries, fees, access to data/documents and related complaints.
• Reputation: advised on cases involving high profile clients and media interest, responding to pre- and post- publication enquiries, advising on defamation, privacy and data related issues, and assisted pro bono matters with The Queen Mary Legal Advice Centre's Images Based Sexual Abuse (SPITE) project to assist victims of revenge porn and other privacy intrusions.
• Private Wealth and Tax: at his previous firm (Taylor Wessing), Daniel advised on various complex, high value succession and wealth planning matters, including the preparation of Wills, trust deeds and the analysis of domicile, residence and other tax related matters.

Career History

Secondee, MDR Mayfair
Managing Associate, Mishcon de Reya LLP
Associate, Mishcon de Reya LLP
Associate, Taylor Wessing LLP
Trainee Solicitor, Taylor Wessing LLP
The University of Law, Association of Contentious Trust and Probate Specialists (ACTAPS) course
BPP University Law School, Law with Business MA - Distinction
BPP University Law School, Legal Practice Course (LPC) - Distinction
BPP University Law School, Graduate Diploma in Law - Distinction
University of Exeter and Vassar College (New York), English with Study in North America BA - First Class

Memberships and Publications

Daniel is a member of:

• Contentious Trusts Association (ConTrA)
• Art Lawyers Association (ALA)
• Association of Contentious Trust and Probate Specialists (ACTAPS) – Associate Member
• Society of English and American Lawyers (SEAL)
• London Solicitors Litigation Association (LSLA)

He has written articles for and presented with:

• ThoughtLeaders4: HNWs in Disputes (including winning TBD Marketing's best blog competition in the Private Wealth category in December 2024)
• Christie's Education
• Family Office Magazine
• The Institute of Art and Law.