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Felicity McMahon

Felicity McMahon

  • Called to BAR: 2008

Summary

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, injunctive relief and sports law. Her work often includes consideration of the balance between Articles 8 and 10 of the European Convention on Human Rights. She has particular experience of advising on data protection issues including: advising organisations on their obligations in relation to the data they hold and how and when they are permitted to use that data including for marketing purposes, advising individuals on how they can seek access to data held about them and how to seek its removal or rectification, and the emerging so-called “right to be forgotten”. Felicity advises on these issues both in relation to the current law and in terms of preparing for the implementation of the General Data Protection Regulation (GDPR). Felicity also takes a keen interest in issues relating to online publication, social media and user-generated content.

Specialist areas of law include

Profile description

Recent Work

Felicity’s recent work includes:

Advising a company on its data protection policies, processes and obligations, both currently and looking ahead to the GDPR;
Acting for Associated Newspapers in relation to reporting restrictions in a family law case;
Acting for a company defending a claim in defamation;
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;
Obtaining an interim harassment injunction for claimant companies seeking to protect their employees;
Taking part in a large scale disclosure exercise for a client in relation to defamation litigation;
Acting for a company defending a claim for breach of the Data Protection Act;
A secondment as Data Protection and Commercial Lawyer at Channel 4, advising on data protection across the organisations activities, as well as negotiating, drafting and advising on commercial contracts;
Acting on a successful application for Norwich Pharmacal relief;
Building Register Ltd v Weston & Ors, junior counsel for the claimant in this libel action (led by Justin Rushbrooke QC);
Appearing before the High Court in Case Management Conferences and assessment of damages hearings in defamation actions, notably obtaining an award of £25,000 for a claimant client;
Providing advice to Channel 5 on Big Brother;
Advising clients on their right and obligations under the Data Protection Act 1998, including how to make or respond to subject access requests;
Dar Al Arkan & Anor v Al Refai & Ors, a US$500m claim in the Commercial Court for libel, malicious falsehood, breach of confidence, conspiracy and various foreign law claims;
Acting for a national newspaper in a copyright case relating to the use of a photograph;
Felicity regularly provides pre-publication advice to The Times and The Sunday Times, book publishers, specialist scientific and medical publications and NGOs. She has 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

Felicity is co-editor of Blackstone’s Guide to the Defamation Act 2013 (with James Price QC),  joint editor (with Adam Speker) of the defamation chapter in the 21st edition of Clerk and Lindsell on Torts  and a contributor to the third edition of Tugendhat & Christie on The Law of Privacy and the Media. She has given a series of talks on topics including the Defamation Act 2013 and social media and the law, at 5RB talks, Middle Temple, in-house for clients and for the American Bar Association.

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. She also managed the public engagement project Your Freedom on behalf of the Department. 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 a Bar Pro Bono Unit representative. She also acts as a mentor to students from both King’s College London and the University of Kent, and is a member of the Kent Law Campaign’s Young Alumni Group.

Scholarships etc

– Queen Mother Scholar, Middle Temple Inn

– ERASMUS Scholarship

– John Kisch Prize for Outstanding Performance, University of Kent

Testimonials

Ruth Clark

“I called Clerks Room Direct in February and two days later one of their barrister’s Stephen David, was representing me in court. From my first phone call to Rory I felt that I was in safe hands.” “I called Clerks Room Direct in February and two days later one of their barrister’s Stephen David, was representing me in court. From my first phone call to Rory I felt that I was in safe hands.” Read more Read less

Natalie Ryan

“The speed and quality of the service was astounding. I was recommended two extremely qualified, competent experts to discuss my matter with and had a telephone consultation within 24 hours.” “The speed and quality of the service was astounding. I was recommended two extremely qualified, competent experts to discuss my matter with and had a telephone consultation within 24 hours.” Read more Read less

Saleem

“The clerks were promptly aware of my requirements and were able to recommend a number of specialist barristers at competitive prices.” “The clerks were promptly aware of my requirements and were able to recommend a number of specialist barristers at competitive prices.” Read more Read less

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    • Felicity McMahon
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