Felicity McMahon
Call: 2008
Call: 2008
Felicity McMahon acts and advises all aspects of Chambers’ practice, 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 undertakes both claimant and defendant work, and has acted for individuals, publishers and major online companies. 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.
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.
Felicity acts for both claimants and defendants in defamation and malicious falsehood cases, as well as providing pre-publication advice on these issues.
Felicity is also the editor of the Defamation and Malicious Falsehood chapters in Clerk & Lindsell on Torts.
Acting for a number of individuals in their claim against the Labour Party in respect of a leaked report.
Felicity acts for and advises both claimants and defendants in privacy matters. This includes claims in the tort of misuse of private information, and claims which also include breach of confidence and/or data protection.
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; and acting for a number of other claimants in respect of misuse of private claims arising from the programme Can’t Pay? We’ll Take It Away!
Acting for a number of women who were filmed by their GP during appointments.
Acting for the successful claimant in a claim in relation to family photographs stored in her late husband’s iCloud account.
Felicity has acted in a number of cyber-injunction cases relating to the confidential information that has been the subject of a cyber-attack.
Felicity acts and advises in relation to breach of confidentiality in both personal and commercial contexts.
Felicity acts for both claimants and defendants in respect of data protection claims, whether brought alone or alongside other claims such a privacy, breach of confidence or defamation.
Felicity has advised to a number of organisations in respect of policies, procedures, subject access requests and complaints. She also provides advice to individuals in respect of their data protection rights.
Felicity undertook 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 acts and advises on matters relating to the Freedom of Information Act 2000.
Felicity acted for TBGS in Coombs v Information Commissioner & TBGS, resisting an appeal in the First Tier Tribunal against a decision not to disclose certain information by way or reliance upon exemptions within FOIA.
Acting for the defendant in striking out a claim in data protection and privacy relating to a missent email.
Acting for the Claimant in a claim in relation to a subject access request, in which after a 4-day trial the Defendant was ordered to take further action.
Acting for X (formerly known as Twitter) in a claim brought by a user of the platform.
Acting for a number of women who were filmed by their GP during appointments.
Acting for Wafic Saïd in a claim against Barclays Bank.
Felicity acted for TBGS in resisting an appeal in the First Tier Tribunal against a decision not to disclose certain information by way or reliance upon exemptions within FOIA.
Felicity has acted in a number of cases where parties have sought, or sought to resist injunctive relief.
Felicity has acted and advised in a number of harassment cases, particularly those involving an element of speech or publication, such that freedom of speech issues may arise.
In particular Felicity acted for the claimants in the following cases, where harassment injunctions were obtained both on an interim basis and at trial.
Acting in a number of cyber-injunction cases for claimants who have been the subject of a cyber-attack.
Obtaining injunctions under the Protection from Harassment Act which include matters relating to speech or publication.
Advising and acting in relation to applications for interim injunctions to prevent publication, or to resist such an application.
Advising and acting in claims for injunctions at trial.
Advising and acting in relation to Norwich Pharmacal relief.
Felicity has provided pre-publication advice to a wide range of clients including:
Felicity has provided advice in respect of Ofcom and IPSO matters. She assisted the Daily Telegraph at the Leveson Inquiry.
Felicity provides advice and acts in relation to both:
Felicity has acted for media organisations seeking to resist or lift reporting restrictions in the criminal and family courts.
For more information
For more information or to instruct Felicity please get in touch with our clerking team, who can deal with your enquiry and provide any required information: