Daniel Foley

Associate

Personal Profile

Daniel is an Associate in Mishcon Private. He acts for high profile and high net worth individuals, their families and businesses, across a wide range of legal issues in a UK and international context. 

His Private Commercial Litigation work encompasses disputes that are both personal and business related, often involving contractual matters, civil fraud claims and Reputation Protection issues. He also has broad experience of advising beneficiaries and trustees in relation to Private Wealth Disputes and Wealth Structuring, including trusts, estates and charities, succession planning, Inheritance Act claims, probate, mental incapacity and the Court of Protection.

Daniel has a particular interest in Art Law and the related Luxury Assets sector. He has worked with collectors, artists, dealers, museums and galleries to resolve legal issues concerning art and other cultural property such as classic cars. He has written and presented on legal developments in the art market, including in collaboration with Christie's Education. He has also provided pro bono support through Lawyers Volunteering for the Arts (LVFA).

He is a member of the Contentious Trusts Association (ConTrA), The Responsible Art Market Initiative and the London Solicitors Litigation Association.

Key Experience

Private Commercial Litigation:

  • Advising an investor in relation to breach of contract and civil fraud claims arising from a multi-million pound agreement with a former business partner and related litigation in Russia and the United Arab Emirates.
  • Acting for various family businesses and investors in relation to contractual and intellectual property disputes, including allegations of fraud, misrepresentation and trademark infringements.

Art Law and Luxury Assets:

  • Defending an art dealership in litigation concerning a non-resale agreement and alleged breach of contract following the re-sale at public auction of a high value painting.
  • Advising a number of classic car collectors in bringing and defending contractual claims following the sale of a vehicle or collection, including issues of misrepresentation, condition, provenance and consumer rights.
  • Assisting the board of trustees of a major London art museum in relation to its legal structure, including amendments to its charitable constitution and the removal of a trustee.

Private Wealth Disputes and Wealth Structuring:

  • Acting for the romantic partner of a deceased businessman in bringing a successful claim under the Inheritance (Provision for Family and Dependants) Act 1975 against the executrix of the estate, valued in excess of £350 million.
  • Representing a senior British diplomat in her role as an appointed deputy for an individual who had lost mental capacity, including defending her deputyship rights and responding to a challenge in the Court of Protection against a Deprivation of Liberty Safeguards (DoLS) authorisation.
  • Assisting to defend trust files from being disclosed to a beneficiary pursuant to a data subject access request brought against the trustees' advisers in connection with offshore trust litigation, resulting in two high profile Court of Appeal decisions.
  • Advising a royal family in relation to various matters concerning tax, immigration and succession planning.

Reputation Protection:

  • Advising a Qatari business leader and politician in connection with the exercise of his "Right to be Forgotten" pursuant to Article 17 of the General Data Protection Regulation (GDPR) to remove defamatory and outdated allegations of corruption from appearing online.
  • Advising a well-known human rights activist in relation to defamatory remarks published against him on Twitter by an ambassador, involving complex matters of diplomatic immunity and seeking an apology. 

Career History

Associate, Mishcon de Reya LLP
Associate, Taylor Wessing LLP
Trainee Solicitor, Taylor Wessing LLP
BPP Law School, London, LPC with Business MA (Distinction)
BPP Law School, London, Graduate Diploma in Law (Distinction)
University of Exeter and Vassar College, New York, English with Study in North America BA (First Class Honours)

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