Daniel Foley

Associate

Personal Profile

Daniel is an Associate in the Private Commercial Litigation, Art Law and Reputation division of Mishcon Private. He acts for high profile and high net worth individuals, as well as their businesses and charities, across a wide range of matters in a UK and international context.

His work encompasses disputes that are both personal and business related, often involving allegations of fraud, breach of contract, misrepresentation and infringements relating to intellectual property and privacy rights. In the field of Private Wealth Disputes, he has worked on cases involving tax, trusts and estates, mental capacity issues and Inheritance Act claims.

Daniel has a particular interest in art and cultural property law and has advised artists, galleries, collectors, dealers, beneficiaries and trustees on both contentious and non-contentious legal issues relating to art and other luxury assets. 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. He is also a member of multiple diversity related networks.

Key Experience

  • Advising an investor in relation to breach of contract and 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 family businesses and brands in relation to numerous intellectual property disputes, including copyright and trademark infringements and domain name, advertising and passing off related issues.
  • Defending an art dealership in litigation concerning an alleged breach of contract arising from its private purchase and re-sale at public auction of a high value painting.
  • Advising a classic car collector in a dispute against an auction house following an online auction, involving issues of misrepresentation, the Sale of Goods Act 1979 and the Consumer Contracts Regulations 2013.
  • 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 director.
  • 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. 
  • 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 (SAR) brought against the trustees' representatives in connection with offshore trust litigation, resulting in two high profile Court of Appeal decisions.

Career History

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

Latest

How can we help you?

How can we help you?

Subscribe: I'd like to keep in touch

If your enquiry is urgent please call +44 20 3321 7000

Crisis Hotline

Emergency number:

COVID-19 Enquiry

Please enter your first name
Please enter your last name
Please enter your enquiry
Please enter your email address
Please enter your phone number
Please select a contact method

I'm a client

Please enter your first name
Please enter your last name
Please enter your enquiry
Please enter an email address
Please enter your phone number
Please enter a value

I'm looking for advice

Please enter your first name
Please enter your last name
Please enter your enquiry
Please select a department
Please enter your email address
Please enter your phone number
Please select a contact method

Something else

Please enter your first name
Please enter your last name
Please enter your enquiry
Please enter your email address
Please enter your phone number
Please select your contact method of choice