Gemma McNeil-Walsh
Call: 2018
Call: 2018
Gemma McNeil-Walsh accepts instructions across all areas of Chambers’ work, including defamation, privacy, harassment, freedom of information, and data protection, and has a particular interest in open justice and reporting restriction matters.
Gemma also has an extensive pre-publication practice. She currently provides pre-publication advice to titles at Associated Newspapers, and libel reads book manuscripts for a leading publishing house. She has also provided pre-broadcast advice to Channel 5 on legal and Ofcom compliance.
Recent cases include:
Gemma was called to the Bar of England and Wales by Gray’s Inn in July 2018, where she is an Atkin Senior Scholar. Prior to pupillage at 5RB, she worked in the Court of Appeal as the Judicial Assistant to Lord Justice Hamblen (as he then was) and Lady Justice Nicola Davies. She previously worked as a Research Assistant at the British Institute of International Comparative Law and the Reuters Institute for the Study of Journalism, and as a Digital Production Editor at various newspapers including the Sunday Times, the Guardian and the Mail on Sunday.
Acted for the Claimant in proceedings brought in libel, malicious falsehood, and misuse of private information in relation to an article published by the Defendant. Following judgment in default, damages were assessed in the sum of £90,000 and an injunction granted.
Acted for the Claimant in proceedings brought in libel and malicious falsehood in relation to a Facebook post published by the Defendant. Following judgment in default, damages were assessed in the sum of £25,000.
Acted for the Defendants in a successful application to strike-out and/or for summary judgment on the Claimant’s claim. The Claim was brought in relation to four categories of information used and processed in the course of a disciplinary investigation, which the Claimant alleged amounted to misuse of private information and breach of the data protection legislation.
Acted for the Claimant in proceedings brought in libel, malicious falsehood, and misuse of private information in relation to an article published by the Defendant. Following judgment in default, damages were assessed in the sum of £90,000 and an injunction granted.
Acted for the successful Defendant in a claim brought in the High Court in misuse of private information, breach of confidence, data protection and negligence. Three causes of action were struck out and the data protection claim was transferred to the County Court where it was ultimately allocated to the small claims track.
Acted for the Defendant in its successful application to strike out a privacy claim brought by the Claimant on the grounds that it was statute barred pursuant to section 2 of the Limitation Act 1980 and was otherwise an abuse of process.
Acted for the successful Defendant in a claim brought in the High Court in misuse of private information, breach of confidence, data protection and negligence. Three causes of action were struck out and the data protection claim was transferred to the County Court where it was ultimately allocated to the small claims track.
Acted for the Defendant in data protection proceedings brought by the Claimant. The Defendant was unsuccessful in striking out the Claimant’s claim in the County Court; but appealed to the High Court and was successful. The High Court allowed the claim on the basis that the claim was an abuse of process.
Acted for the Defendants in a successful application to strike-out and/or for summary judgment on the Claimant’s claim. The Claim was brought in relation to four categories of information used and processed in the course of a disciplinary investigation, which the Claimant alleged amounted to misuse of private information and breach of the data protection legislation.
Acted for the Defendant in (1) its successful application to strike out a claim brought by the Claimant in seven causes of action; and (2) responding to the Claimant’s appeal, which was successfully dismissed.
Acted for the successful Defendant in a claim brought in the High Court in misuse of private information, breach of confidence, data protection and negligence. Three causes of action were struck out and the data protection claim was transferred to the County Court where it was ultimately allocated to the small claims track.
Acted for the Claimants (led by Jonathan Barnes KC) in a claim brought in harassment and breach of contract in relation to online publications posted by the Defendant. Successfully obtained an interim injunction in January 2024 and a final injunction following two-day trial in November 2025.
Gemma has an extensive pre-publication practice. She currently provides pre-publication advice to titles at Associated Newspapers, various specialist publications, and a leading publishing house. She has also provided pre-broadcast advice to Channel 5 on legal and Ofcom compliance.
Acted in Court of Appeal proceedings (led by Emma Sutton KC) for Celia Kitzinger of the Court of Protection Open Justice Project, in relation to the disclosure of position statements to observers in the Court of Protection.
Acted in Court of Protection proceedings (led by Emma Sutton KC) for Celia Kitzinger of the Court of Protection Open Justice Project, in relation to the duration of a transparency order.
Acted for Associated Newspapers in relation to the terms of a Final Transparency Order made in financial remedy proceedings. The judge made a Final Transparency Order in the terms advanced by Associated Newspapers.
Acted for the Respondent in a hearing at Lewes Crown Court. Successfully resisted an application brought by Sussex Police for a production order pursuant to section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984 in respect of the Respondent’s documentary filmmaking material.
Advised a data and intelligence organisation in successfully applying to inspect and obtain copies of documents pursuant to rule 12.39(6) of the Insolvency Rules 2016.
Advised a news media organisation in successfully applying to obtain copies of documents filed in High Court proceedings between President Donald J Trump and Orbis Business Intelligence Limited, pursuant to CPR 5.4C(1).
Acted for four news organisations at a hearing at the Old Bailey, in relation to an order made under section 45 of the Youth Justice and Criminal Evidence Act 1999. The application was successful and the s45 Order revoked.
Acted for The Sun in a hearing at Hove Crown Court, in relation to an order made under section 45 of the Youth Justice and Criminal Evidence Act 1999. The application was successful and the s45 Order revoked.
For more information
For more information or to instruct Gemma please get in touch with our clerking team, who can deal with your enquiry and provide any required information: