Daniel Foley

Associate

Personal Profile

Daniel is an Associate in Mishcon Private. He acts for clients in relation to mainly contentious legal matters in both a UK and international context.

As part of the Private Commercial Litigation, Art Law and Reputation division, Daniel assists clients with disputes that are both personal and commercial, often relating to art and other cultural property as well as reputational issues. He also has experience in Private Wealth Disputes involving trusts, wills, estates, inheritance and capacity issues and related non-contentious private client work.

Across these practices, Daniel advises a wide variety of clients, including private, high profile and high net worth individuals, companies, trustees and beneficiaries. In the art and luxury asset market, he assists artists, dealers, collectors, museums and galleries.

He has written and presented in collaboration with Christie's Education, Family Office Magazine and Art & Museum Magazine. He is a member of the Contentious Trusts Association, The Responsible Art Market Initiative and Lawyers Volunteering for the Arts.

Key Experience

Private Commercial Litigation:

  • Assisting with various commercial and contractual disputes, including allegations of breach of contract, fraud, misrepresentation, professional negligence and intellectual property infringement.
  • Acting for parents and students in relation to education related disputes, including complaints against independent schools and universities.

Art Law and Luxury Assets:

  • Advising dealers and collectors in relation to various disputes involving art and other luxury assets, such as cars, jewellery and equine. Issues have included title/ownership disputes, breach of contract claims, civil claims relating to stolen property (including conversion and bailment), breaches of consumer rights, intellectual property infringements and condition and provenance related issues.
  • Defending an art dealership in litigation concerning a non-resale agreement and alleged breach of contract following the re-sale at auction of a high value painting.
  • Assisting the board of trustees of a major London art museum in relation to its legal governance, including amendments to its charitable constitution and the removal of a trustee.
  • Assisting clients with art related regulatory matters, including Anti-Money Laundering and Artist's Resale Right royalty (droit de suite) obligations.

Private Wealth Disputes:

  • Acting for the romantic partner of the deceased in bringing a successful 1975 Act claim against the estate, valued in excess of £350 million.
  • Assisting in defending a claim for the disclosure of trust files to a beneficiary pursuant to a data subject access request and connected Bahamian litigation, resulting in two high profile Court of Appeal decisions.
  • Advising ultra high net worth clients, including a royal family, in relation to various complex wealth, tax and inheritance related issues and their estate planning.
  • Advising family members, attorneys and deputys in relation to Court of Protection and capacity related matters.

Reputation Protection:

  • Advising high profile clients, including a Qatari billionaire, a human rights activist, an artist and a former reality television contestant, in relation to reputational issues. These include the pre- and post- publication of defamatory content in the press and on social media, as well as privacy and data related issues, including exercising the "Right to be Forgotten" to remove outdated content from appearing online.

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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