Daria Gleyze

Daria has significant experience representing clients in contentious and non-contentious matters in art and cultural property law. She advises and provides representation on all aspects of this area:

• ownership and title disputes;
• acquisitions and disposals;
• attribution, provenance, condition;
• authenticity and forgery allegations;
• fraud and negligent misrepresentation (particularly by/against auctioneers, dealers, brokers, galleries)
• agency and commission agreements;
• borrowing and lending against art, including bills of sale;
• damage to goods and issues arising on the export or import of goods;
• insurance claims;
• art in the context of wills, trusts and probate;
• insolvency aspects affecting dealings with art;
• public law aspects relating to art and cultural heritage, particularly judicial reviews.
• conflict of laws and international/EU law.

She has acted in disputes involving artists, sculptors, foundry owners, high-net-worth individual and institutional collectors, art and antique dealers, internationally reputed auction houses, art galleries, valuers and independent advisors and insurers underwriting fine art in the London market and overseas.

In addition to having a keen personal interest in art, antiques and fine wine, Daria is uniquely well‑placed to advise on personal property law, securities and bailment issues arising in this area, as she has led the Law Commission’s projects on Bills of Sale and on Intermediated Securities. She also drafted the Goods Mortgages Bill, for which she conducted in‑depth academic research and worked closely with government departments (including the Department for Digital, Culture, Media and Sport), core stakeholders in the art lending market and leading experts on financing secured against art, antiques and cultural property. This Bill set up a new and improved regime for granting security on goods, with a streamlined procedure facilitating high net worth individuals borrowing against their art and antiques, and, importantly, an electronic central register of charges over goods.

Daria’s notable cases in this practice area include:

• a claim (ongoing, Ch. Div.) for over £1.6 million for the loss of sculpture moulds and sculptures (including bronzes) authored by acclaimed UK artists such as Philip Blacker, Simon Gudgeon, Heather Jansch and Geoffrey Dashwood brought by the owner of a foundry against the former landlords of its commercial premises. Daria successfully argued that the claim should be discontinued against the estate of one of the landlords and obtained costs for the estate. Daria continues to represent the other landlord and various partnerships alleged to be involved;
• Santina Ltd v Koopman Rare Art (ongoing, Ch. Div.): seeking rescission and damages against one of the world-leading antique silverware dealers on the basis of fraudulent and/or negligent misrepresentations pertaining to the provenance and auctioning history of a pair of early 19th century French silver-gilt soup tureens, as well as to the method of calculating the dealers’ commission;
• Leaver v (1) G Sarti Antiques Ltd; (2) Mr Sarti (2020-2021, CLCC & Ch. Div.) – Daria acted for the successful claimant against a renowned international gallery and an art dealer in an authenticity and misrepresentation dispute relating to a 19th century bejewelled Russian casket. Daria appeared as sole counsel against a team of silk and junior counsel;
• advising an international artist in a dispute with a museum in relation to a cross-border loan of a conceptual piece of light and sound art and assisting the artist in recovering compensation for damages caused by the museum’s negligence in installing it;
• advising and drafting proceedings in respect of a dispute with a world-leading auction house concerning the loss, and the value, of a fly-leaf authenticating a watercolour from a famous collection – Daria’s negotiating skills and advocacy helped secure an extremely satisfactory settlement for her client;
• advising a high-net-worth collector on the terms and conditions of the sale of his classic car collection;
• advising and representing (thereby securing a substantial judgment in her client’s favour) an institutional collector in a dispute over an agreement for the purchase of several limited edition motorcycles from a famous Formula One motor manufacturer.

Daria is a member of the Institute of Art and Law (via chambers), a Frieze VIP member and a regular attendee at international art fairs and exhibitions.

Court of Appeal:

As a judicial assistant, Daria worked on the following notable cases:

• Natt v Osman [2014] EWCA Civ 1520: validity of notice served under s 13 Leasehold Reform, Housing and Urban Development Act 1993
• Aldermore Bank Plc v Rana [2015] EWCA Civ 1210: redemption of prior mortgage charges in a re-mortgaging transaction
• Salford Estates (No2) Ltd v Altomart Ltd [2014] EWCA Civ 1408: stay of winding-up petition where debt subject to arbitration
• Re Charterhouse Capital Limited [2015] EWCA Civ 536: whether the compulsory buy-out of a minority shareholder constituted unfairly prejudicial conduct under s 994 Companies Act 2006
• Edenred (UK Group) Ltd v HM Treasury [2015] EWCA Civ 326: variation of contracts concluded through public procurement
• Allied Fort Insurance Services Ltd v Ahmed [2015] EWCA Civ 841: appeal against summary judgment in a case involving breach of agency, breach of trust and fraudulent misrepresentation
• BNY Mellon Corporate Trustee Services Ltd v LBG Capital No.1 Plc [2015] EWHC 1560 (Ch): contractual interpretation to determine whether a capital disqualification event occurred which would allow redeeming enhanced capital notes before their maturity dates
• Arcadia Group Brands Ltd v Visa Inc [2015] EWCA Civ 883: limitation issues in a claim against credit and debit card scheme operators for alleged breaches of European and domestic competition law
• Emerald Supplies Ltd v British Airways Plc [2015] EWCA Civ 1024: whether European Commission statements that either described or alluded to conduct which might infringe TFEU art.101 were disclosable in national courts
• Robb v NCA [2014] EWHC 4384 (Ch): a discussion of the principles relevant to tracing proceeds of crime, including a variation of the Barlow Clowes method of tracing

CJEU:

Daria drafted the submissions on behalf of the Council of the European Union in the following cases, both of which were decided in the Council’s favour:

• C‑19/13 Fastweb (public procurement)
• Joined cases C-58/13 and C-59/13 Torresi (recognition of lawyers’ professional qualifications)

2016-2019: Lawyer (employed barrister) in the Commercial and Common Law Team, Law Commission

• Lead lawyer on the bills of sale reform: drafted the Goods Mortgages Bill with the accompanying consultation paper and explanatory report – advised, both on law and policy, on a vast array of substantive and procedural issues, including in relation to consumer credit, finance, bills of sale, all aspects of mortgage law (land, aviation, shipping mortgages), repossession procedures, personal property securities registers, partnerships, ownership and beneficial interests, conflicts of laws;
• Lead lawyer on the reform of right to manage (RTM) and the regulation of managing agents: advised on codes of practice and regulation applicable to managing agents; currently advising on all aspects of RTM including leasehold, company law, insolvency, procedure pre‑ and post-acquisition, and options for reform;

Both projects above have involved close co-operation with government departments, co‑ordinating a team of lawyers and assistants and engaging with the media, both mainstream and legal;

• Part time responsibility for laying the groundwork for two future projects on intermediated securities and summary procedures in arbitration – advising on the current law and liaising with stakeholders;
• Other general responsibilities: managing and recruiting research assistants, seeking and negotiating new projects, attending and speaking at conferences.

2015-2016: Pupil, Quadrant Chambers

• High value complex commercial litigation.
• Areas of law: shipping (all types of charterparties, bills of lading), aviation, construction, energy, commodities, trade, financing and guarantees, general contract and tort law, fraud, agency, bailment, insurance, international arbitration, insolvency, competition law;
• Drafting pleadings and legal advices for clients; attending court, arbitration hearings, client conferences, working with and cross-examining expert witnesses.

2014-2015: Judicial assistant to Sir Terence Etherton, Court of Appeal

• Areas of law: commercial, chancery (esp. rectification, tracing), EU law, arbitration, banking and finance, company law, tax, statutory interpretation;
• Preparing case notes, attending hearings, researching, suggesting corrections to draft judgments;
• Discussing my opinion on the legal issues and merits of the cases with the Court of Appeal judges;
• Assisting the Appeals Office with permission to appeal applications from litigants in person (areas of law: judicial review, landlord & tenant, mortgage, boundary disputes, fraud).

March to July 2013: Trainee in the Legal Service, Council of the European Union

• Funded traineeship (competitive selection process, one of five places, from 4,000 applicants overall);
• Areas of law: competition, state aids, public procurement, common market, tax and accounting;
• Advising on the draft wording in proposed legislation, on the legislative powers of the Council and on the correct legal bases for proposed legislation; advising attendees at Council of Ministers meetings, at experts’ working groups and at trialogues between Council, Parliament and Commission on legal issues arising when drafting.

Jan and Feb 2013: Intern at the International Court of Arbitration, ICC

• Assigned to the British and Commonwealth team, who are responsible for English and common law matters;
• Attending weekly meetings of the Court and drafting memoranda for the Court – presentation of cases, choice of arbitrators, joinders, challenges of arbitrators, costs, awards;
• Reviewing awards and suggesting corrections, applying ICC arbitration rules, researching procedural matters.

• South Eastern Circuit scholarship, 2019 Awarded to attend an advanced week-long advocacy course in Florida
• Pro Bono Employed Barrister of the Year, 2018
• Career Development Grant, Middle Temple, 2018
• Award for outstanding performance, Law Commission, 2018 Awarded for overall performance on my projects
• Special award for sustained excellent work, Law Commission, 2017 Awarded for my work on the Goods Mortgages Bill
• Queen Mother Scholarship, Middle Temple, 2012 Middle Temple’s most prestigious Bar course scholarship
• ‘Excellency Diploma’ and grant, Romanian Ministry of Education, 2008 Awarded for representing Romania abroad and obtaining prizes in multiple international academic competitions in Latin (awarded to 2 students nationwide)

• Kaplan Law School, BPTC
• Université Paris II Panthéon-Assas: LLM International Commercial Law & EU Law (first, graduated first in my year)
• University College London: LLB (Hons) Law with French Law
• Université Paris II Panthéon-Assas, Licence de droit françai

• Vis International Commercial Arbitration Moot, Vienna, 2013-2014 selected and trained by Stewart Boyd QC and Lord Hacking to represent Middle Temple
• Winner, Francis Taylor Building’s Kingsland Cup, 2013-2014 final before Lord Carnwath in the Supreme Court
• Winner, international and regional finals, EU Law Moot Court, 2012-2013 hundreds of teams participating, grand final before the CJEU in Luxembourg
• Finalist, ECHR Moot (EHRMCC), 2012-2013 120 teams, final before the European Court of Human Rights in Strasbourg
• Finalist, International Debate Association’s Global Debate & Public Policy Challenge 2012-2013 Prize of €10,000. I wrote two policy memos on the censorship of media during riots and was one of 12 finalists (out of 100s of submissions), but could not attend the final due to work.
• Quarter-Finalist, Jessup Moot, 2012
• Finalist, London Universities Mooting Shield (LUMS), 2011-2012 first place in the team rankings, Best Advocate in two rounds
• Second place, international finals, International Mediation Competition, ICC Paris, 2010-2011 the most prestigious competition on commercial negotiations, hundreds of teams worldwide
• Second Place, French National Finals (Tournoi des débats des Grandes Ecoles), 2010-2011 final in the lower chamber of the French Parliament, before an audience of 400 people
• Winner, Oxford French Law Moot (in French), 2010 final judged by the President of the 2nd Chamber of the Cour de Cassation

• French: fluent and able to accept instructions/work in French
• Romanian: fluent
• Italian: conversational
• German: basic

• South Eastern Circuit
• Middle Temple
• MTYBA
• Advocate/Bar Pro Bono Unit

While at the Law Commission, Daria contributed to and led on the following publications:

• Leasehold Home Ownership: exercising the right to manage (available here)
• From Bills of Sale to Goods Mortgages (available here)
• Goods Mortgages Bill: response to consultation and update on current draft bill (available here)
• Replacing bills of sale:  a new Goods Mortgages Bill consultation on draft clauses (available here)

Daria is available to provide talks and seminars on her areas of expertise upon request.

Opera, classical music, theatre, world literature, tennis, dancing.