Felicity McMahon / 5RB / media and communications law specialist

Felicity acts and advises all aspects of Chambers’ practice, both Claimant and Defendant work, including: defamation, privacy and confidence, data protection, copyright, access to journalistic material, contempt, harassment and injunctive relief. Her work often includes consideration of the balance between Articles 8 and 10 of the European Convention on Human Rights.

She has particular experience on data protection issues, both advisory and where litigation is contemplated or brought, whether alone or in conjunction with other causes of action such as breach of confidence, misuse of private information or defamation

Felicity has appeared in the High Court, Court of Appeal and County Courts, and has experience both as sole counsel and being led.

Felicity also acts in harassment cases, in particular those involving publication and issues of free speech. She has obtained permanent harassment injunctions protecting her claimant clients, but also acts for defendants, and recently obtained an order striking out a harassment claim brought against her client.

Felicity takes a keen interest in issues relating to online publication, social media and user-generated content.

Recent Work

Felicity’s recent work includes:

Rolfe v Veale Wasbrough Vizards – Acting for the defendant in striking out a claim in data protection and privacy relating to a missent email.
Ali & Aslam v Channel 5 – Acting as junior counsel for the claimants in a privacy action in both the High Court and Court of Appeal relating to an episode of Can’t Pay? We’ll Take it Away;
Obtaining an order that Apple provide a widow with access to family photographs on her late husband’s iCloud account;
Acting for the successful claimant in a data protection claim: after a 4 day trial the court ordered the defendants to undertake further searches for the claimant’s personal data;
Morgan v Associated Newspapers Ltd – acting for the successful claimant in this defamation case (led by Justin Rushbrooke KC)
Acting for the claimant in a claim under the Protection from Harassment Act 1997, in which a permanent injunction was granted after a 2 day trial;
Advising organisations on data protection policies, processes and obligations, under the GDPR and the Data Protection Act 2018.
Advising on libel and committal proceedings in the Bahamas;
Acting for a company defending a claim for defamation;
Acting for Associated Newspapers in relation to reporting restrictions in a family law case;
Acting for Wafic Saïd in a data protection claim against Barclays Bank;
Acting for a number of media organisations seeking to lift a reporting restriction on naming a teenager convicted of a terrorism offence.
Taking part in a large scale disclosure exercise for a client in relation to defamation litigation;
A secondment as Data Protection and Commercial Lawyer at Channel 4, advising on data protection across the organisation’s activities, as well as negotiating, drafting and advising on commercial contracts.

Felicity regularly provides pre-publication advice to book publishers, specialist scientific and medical publications and NGOs. She has advised newspapers including The Times, The Sunday Times, the Sun, the Daily Telegraph and the Racing Post, and spent time working with the in-house legal team of The Times and The Sunday Times, and the legal and compliance team at Channel 4. Felicity has also provided on-set advice in relation to a feature film.

Publications/speaking

Co-editor of Blackstone’s Guide to the Defamation Act 2013 (with James Price KC);
Joint editor of the defamation chapter in Clerk and Lindsell on Torts;
Contributor to the third edition of Tugendhat & Christie on The Law of Privacy and the Media.

Felicity regularly gives talks on topics including the Defamation Act 2013, GDPR and the Data Protection Act 2018, and social media and the law, at 5RB talks/Conference, Middle Temple, in-house for clients, and for the American Bar Association.

At the Computer, Privacy and Data Protection (CPDP) Conference 2017 in Brussels she spoke on the Data Protection after Brexit panel (which can be watched here).

Before 5RB

Before joining Chambers Felicity spent two years in the Legal Policy team at the Ministry of Justice,where she provided advice to Ministers on a number of areas of law and policy including: injunctions against the press, privacy, criminal offences, human rights, Parliamentary privilege and judicial review. Felicity coordinated the Ministry of Justice response to the Culture, Media and Sport Select Committee Report on Press Standards, Privacy and Libel. Felicity has also been a Research Assistant in the Law Commission’s Public Law Team, and a Legal Intern in the Office of the Prosecutor at the International Criminal Tribunal for the former Yugoslavia.

Pro Bono

Felicity is an Advocate volunteer and reviewer. She also acts as a mentor to law students from the University of Kent.

Scholarships etc

– Queen Mother Scholar, Middle Temple Inn

– ERASMUS Scholarship

– John Kisch Prize for Outstanding Performance, University of Kent

Called

2008 Called to the Bar of England and Wales

Education

Bar Vocational Course, BPP Law School, Very Competent - 2007-2008
LLM Law University of London (Kings College London), Distinction - 2005-2006
Diploma in Spanish Law, University of Deusto, Bilbao - 2003-2004
LLB 1st Class Hons English and Spanish Law, University of Kent - 2001-2005

Areas of work

Defamation and Malicious Falsehood
Privacy and Confidence
Data Protection and Information Law
Harassment
Pre-publication Advice
Reporting the Courts and Contempt
Injunctive Relief

Testimonials

“Felicity has an excellent defamation and privacy junior practice. She is hardworking and approachable.”

“Incredible attention to detail. Always willing to go the extra yard. Excellent communicator and superb knowledge of the law. ”

‘”Technically brilliant and tactically astute beyond her years. ”

Legal 500 (Ranked for Defamation/Privacy and Data Protection)

“She is an excellent junior barrister who is both diligent and very user-friendly.”

“She has superb knowledge, and always has the answer. She’s a very strong communicator with clients.”

Chambers & Partners (Ranked for Defamation/Privacy and Data Protection

“She is personable, makes herself available despite her full diary, and is super intelligent.”

Chambers & Partners (Defamation/Privacy)

“An excellent, no-nonsense barrister who understands media clients and gives robust and practical advice.” “She is personable, makes herself available despite a full diary, and is super intelligent.”

Chambers & Partners (Data Protection)

A respected junior with a recognised expertise in data protection matters. She is regularly called upon to advise on organisations’ obligations towards the data they hold and how they are permitted to use it. She is also adept at handling cases involving defamation, harassment and privacy, as part of her broad media and communications practice.
“She’s super bright and demonstrates wonderful attention to detail.” “She’s very able and very down to earth.”

Chambers & Partners

‘Impressive legal knowledge and first-class attention to detail.’

Legal 500

Languages

Spanish - Advanced written and spoken; French - Working knowledge

Memberships

Bar Pro Bono Unit
Vice Chair of the Hall Committee of the Middle Temple
Member of Membership Committee of the Middle Temple

All cases

Defamation and Malicious Falsehood

Morgan v Associated Newspapers Ltd

[2018] EWHC 3960(QB) 07/12/2018

Building Register Ltd v Weston

[2014] EWHC 2361 (QB) 23/07/2014

Privacy and Confidence

The Ince Group plc v Person(s) Unknown

[2022] EWHC 808 (QB) 22/11/2022

Blackmail

The Ince Group plc v Person(s) Unknown

[2022] EWHC 808 (QB) 22/11/2022

Injunctive Relief

The Ince Group plc v Person(s) Unknown

[2022] EWHC 808 (QB) 22/11/2022

Data Protection and Information Law

Rolfe v Veale Wasbrough Vizards LLP

[2021] EWHC 2809 (QB) 07/09/2021

In 5RB News

17 Oct 2024

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Email: clerks@5rb.com
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