Contact details

Roland Foord

T: +44 20 7809 2315 M: +44 7880 506 624 Email Roland | Vcard Office: London

Awards

Art and Cultural property; Professional Negligence

Art and Cultural property; Professional Negligence

Chambers HNW Global 2016, Art and cultural property law

Chambers HNW Global 2016, Art and cultural property law

Roland Foord Partner

Contact details

Roland Foord

Roland Foord
Partner

T: +44 20 7809 2315 M: +44 7880 506 624 Email Roland | Vcard Office: London

Roland is the firm's senior partner and a full time commercial disputes expert. He has deep experience particularly in the fine art and professional services sectors where he has practised throughout his career. He leads our teams in these sectors and is highly ranked in them by the directories.
  • Profile
  • Services
  • Sectors
  • Locations

Roland's work covers a broad range of commercial disputes taking place in the High Court and in arbitration. Most of his work has an international dimension and he is also experienced in managing multi-jurisdictional disputes. Much of his work involves management of risk and the avoidance of claims, nipping problems in the bud and working with clients to resolve issues early and cost-effectively and keep them out of court.

In the fine art sector, Roland advises a broad range of clients from auction houses and dealers to museums and private collectors. His work in this area goes well beyond disputes, for example about title and attribution. He regularly advises on matters ranging from the sale and purchase of fine art to the standard terms of business of major market players to export, looted art and related issues. Roland is a member of the Art, Cultural and Institutions Committee of the IBA and recognised by Chambers for his "very detailed knowledge of the art industry".

In professional services, Roland has a long and extensive experience of acting for and against professional firms, particularly those in accountancy and law sectors and has been closely involved in several leading cases.

"A superb litigator"
Chambers UK 2015

  • Dispute resolution
  • Banking and financial services litigation
  • International arbitration
  • Professional and management liability
  • Partnership

Advice on inadequate due diligence

Acting for Armstrong DLW GmbH in its successful claim against Winnington Networks which established that inadequate due diligence on its counterparty by an otherwise innocent purchaser could lead to liability to the victim of a "phishing" fraud.

Banking insolvency

Acting for the liquidators of Bank of Credit and Commerce Gibraltar on a range of claims arising out of the insolvency of the bank.

High profile investigations

Representing the executive counsel of the joint disciplinary scheme on a number of high profile issues involving his investigations into Polly Peck and Equitable Life.

More: Dispute resolution

Negligence and breach of investment

Acting for a major pension fund in a claim against a global fund manager for negligence and breach of investment mandate arising as a result of the over-exposure of the fund to risky financial instruments.

Financial services boutique firm

Acting for a financial services boutique in a claim against a global bank for fees in respect of a project side-lined following the 2008 financial crisis.

Investment trusts

Advising a large group of investment trusts in claims against HMRC arising from the ECJ's decision that supplies of management services should be treated as exempt from VAT rather than standard rated.

Consumer Credit Act claims

Representing a private bank in defence of claims brought by a firm of solicitors in connection with allegedly unenforceable Consumer Credit Act agreements entered into between the bank and the solicitors' clients.

More: Banking and financial services litigation

LCIA arbitration

Obtaining a freezing injunction in the Commercial Court on behalf of a leading agribusiness client, restraining the disposal of shares in a Russian company in aid of a London seat LCIA arbitration in which we also acted.

ICC arbitration

Leading and coordinating a team of Swiss, New York and London lawyers representing a defendant in a Geneva seat ICC arbitration.

GCC arbitration

Acting for a financial services boutique in a Bahrain seat GCC arbitration pursuing a claim against a global bank for fees in respect of a project cancelled following the 2008 financial crisis.

More: International arbitration

KPMG LLP

Acting for KPMG LLP in a case on the protection of confidential information and information barriers brought by Prince Jefri of Brunei. The House of Lords decision remains the leading authority on this subject.

KPMG LLP

Acting for KPMG LLP in obtaining summary dismissal of a claim for over $50 million in respect of lending to a mobile telephone trader denied VAT repayments by HMRC on the grounds of suspected carousel fraud.

Professional negligence claim - accountants

Acting against a global firm of accountants on a negligence claim in relation to a capital gains tax saving scheme which did not work and was anyway defectively implemented.

Professional negligence claim - solicitors

Acting on a claim against London solicitors for negligent advice and drafting in connection with transactions for the acquisition and subsequent disposal of a valuable painting.

Professional negligence claim – art auctioneers and valuers

Acting for auctioneers and valuers defending a claim alleging the negligent attribution of an Old Master painting and its consequent sale at a undervalue price.

More: Professional and management Liability

US law firm

Advising a US law firm in London in its dealings with the Solicitors Regulation Authority and on issues arising from the departure of a partner including the protection of confidential information.

Partnership dispute

Acting for a departing partner in a partnership dispute involving issues as to the existence and validity of a partnership agreement, dissolution and the applicability of restrictive covenants.

Restrictive covenants advice

Acting for the London partners of an international law firm in resisting the attempted introduction of aggressive restrictive covenants into the member's agreement.

  • Fine art and cultural property
  • Professional services

Roland has been actively advising in the fine art sector for almost 30 years. He has accumulated significant experience in that time, acting for Christie's as well as a whole range of other clients in the sector such as dealers, brokers, collectors, artists and institutions.

Christie's auction house

Acted for Christie's in the successful defence of a claim challenging the enforceability of aspects of their conditions of sale.

Auction bidding dispute

Representing a collector in a bidding dispute with an auction house.

Negligent misattribution claim

Representing an owner alleging the negligent misattribution of an important Old Master by an auction house.

Defective title and breach of warranty claim

Defending a major dealer on a claim by a purchaser alleging defective title and breach of warranty in respect of an Impressionist masterpiece.

Dealer commission advice

Advising a dealer in the defence of claims in respect of commissions arising from a transaction involving an Old Master drawing.

Collectors

Acting for collectors on the acquisition and disposal of Old Master, Impressionist and Contemporary paintings, classic cars, antique manuscripts and other objets d'art.

High profile collector

Acting for the original purchaser in a high value multi-jurisdictional dispute arising out of a breach of a contract for sale of a sculpture by a prominent artist. This dispute involves proceedings in three jurisdictions in  Europe and America.

Auction house

Providing a range of services including drafting standard terms for shipping services, to cover the collection, storage, packing and delivery of artworks, and addressing issues such as responsibility for insurance and liability for loss and damage.

Auction house

Advising on the cancellation rights of a consumer who bids in an online auction, which is a key concern for auction houses given the rising popularity of online sales.

More: Fine art and cultural property

KPMG LLP

Represented KPMG in the leading Court of Appeal decision on issues of causation and loss in accountant negligence cases, Sasea Finance Limited.

KPMG LLP

Represented KPMG in the claim against it by Prince Jefri of Brunei in relation to the protection of confidential information and information barriers. The House of Lords decision remains the leading case on the subject today.

KPMG LLP

Acted for KPMG in successfully applying for summary dismissal of a claim for over $50 million in respect of lending to a mobile telephone trader denied VAT repayments by HMRC on the grounds of suspected carousel fraud.

Professional negligence claim – pension funds

Acted for a major pension fund in a claim against a global fund manager for negligence and breach of an investment mandate arising as a result of the over-exposure of the fund to risky financial instruments.

Professional negligence claim – accountants

Acting against a global firm of accountants on a negligence claim in relation to a capital gains tax saving scheme which did not work and was anyway defectively implemented.

More: Professional services
  • North America
  • CIS and CEE

Complex art dispute

Acting for a dealer in defending a claim in arbitration alleging failure to pass title with significant ancillary actions in New York brought by competing claimants to title.

High profile art dispute

Acting in a high profile art dispute concerning an attempt to enforce a contract for the sale of a high value artwork. The matter included proceedings in the New York courts for evidence in support of the main claim brought elsewhere and proceedings in the New York courts brought by and against a subsequent purchaser.

Import and export issues

Advising various clients on a range of import and export issues, including in relation to import VAT and on export licence applications for pre-eminent works under the Waverley criteria.

American proceedings

Roland's work has a substantial international element and he is very experienced in co-ordinating litigation and ancillary proceedings in America, amongst other jurisdictions.

Dealer title advice

Advising a dealer in the defence of claims in respect of title arising from a transaction involving an Old Master painting with claims in multiple jurisdictions including the US.

More: North America

Debt recovery

Advising a Jersey incorporated company on a claim against a Russian entity in respect of repayment of a loan of US$4 million plus interest.

LCIA proceedings

Acting for a major Ukrainian agri-business in arbitral proceedings following the acquisition of two businesses by our client.

Enforcement in Russia

Advised on litigation which saw the recognition of an English court judgment by a Russian court in proceedings which followed a default under a loan agreement.

Art dispute

Representing an art dealer in a dispute with a Russian oligarch regarding the sale of a valuable painting.

More: CIS and CEE

Awards

Art and Cultural property; Professional Negligence

Art and Cultural property; Professional Negligence

Chambers HNW Global 2016, Art and cultural property law

Chambers HNW Global 2016, Art and cultural property law

Latest news & insights

28 Jun 2016

From Insights

Parliament considers new law ratifying the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict

On 18 May 2016, it was announced in the Queen’s Speech that the UK government would finally introduce a bill to ratify the 1954 Hague Convention for the Protection of ..

More

28 Jun 2016

From Insights

Graffiti art continues to provoke legal battles worldwide

A dress worn by Katy Perry at last year’s gala has not only landed her in a number of “worst-dressed” lists but has also sparked a bitter legal dispute.

More

28 Jun 2016

From Insights

Has the freedom of panorama been restricted?

If you take photographs in European public spaces, are you free to use those photographs as you wish? The answer to this question is actually very complex.

More

28 Jun 2016

From Insights

French Court of Appeal refuses to compel the inclusion of a disputed Monet in a catalogue raisonné

The French Court of Appeal has refused an application to compel the inclusion of a riverscape, purportedly by Claude Monet, in a catalogue raisonné of the artist’s wor..

More

05 Feb 2016

From Insights

Relief for art experts as French court finds author of catalogue raisonée not liable for opinion expressed outside of a transaction

On 3 December 2015, the Court of Appeal of Versailles overturned a judgment of the tribunal de grande instance de Nanterre which ordered art experts to pay over EUR 65..

More

05 Feb 2016

From Insights

Cultural property – rules governing exports from the UK and the case of the portrait of Catrina Hooghsaet

In June 2015, an overseas buyer purchased Rembrandt's portrait of Catrina Hooghsaet for £35 million in a private sale through Sotheby's, London. The buyer subsequently..

More

05 Feb 2016

From Insights

California Resale Royalty Act – Supreme Court refuses artists' appeal

On 11 January 2016, the Supreme Court of the United States declined to hear an appeal against the decision of the Ninth Circuit Court of Appeals that the California Re..

More

05 Feb 2016

From Insights

Repeal of Section 52 of the Copyright Designs and Patents Act 1988 - when will it happen and how?

Under CDPA artistic works are afforded copyright protection for 70 years from the end of the year in which the artist dies. However, section 52 CDPA limits the period ..

More

26 Jan 2015

From Insights

Auction House duty to find a sleeper - Thwaytes v Sotheby’s [2015] EWHC 36 (Ch)

We look at an auction house's duty to find a "sleeper" (an undiscovered work of art).

More

print-footer
logo
© Stephenson Harwood LLP 2016. Any reference to Stephenson Harwood in this document means Stephenson Harwood LLP and/or its affiliated undertakings. Any reference to a partner is used to refer to a member of Stephenson Harwood LLP.