Dr Felicity Gerry KC

Profile

International King’s Counsel at Libertas Chambers, London and Crockett Chambers, Melbourne & Professor of Legal Practice:

  • Global Law Experts 2024 Handbook White Collar Criminal Litigation law representative .
  • 2023 Global Law Experts International Criminal Law Barrister.
  • 2023 Recognised as “One of the top 5 international lawyers you want on your side” by Law and Crime Productions.
  • 2023 Legal 500: “Felicity is a fearless courtroom performer, dedicated to putting her clients cases faithfully and sympathetically. She is also an authoritative legal analyst.”
  • 2020 Lawyers Weekly Australian Barrister of the Year
  • 2016 UK Solicitors Journal Legal Personality of the Year.
  • 2016 led the appeal before the UK Supreme Court in R v Jogee described by the BBC as “a genuine moment of legal history”

Labelled “The International Dynamo” Dr Felicity Gerry KC is Global Experts White Collar Crime Expert. She recently defended in a multi-defendant alleged conspiracy to evade commodity-based tax on large scale transnational organised operation. She led the legal memorandum on due diligence in investment listing on SGX which led to the $82 million divestment of the Golden City scheme and she has a long history of prosecuting and leading for the defence in large scale fraud, oligarch asset restraint, terrorist financing and money laundering.

Felicity is admitted at the International Criminal Court (ICC) (currently defending Mr Al Hassan) and the Kosovo Specialist Chambers (KSC) in The Hague, to the Bar of England & Wales and the Victorian Bar, Australia. She has also had ad hoc admission in Hong Kong and Gibraltar. Felicity is a dedicated and experienced advocate who leads for the defence in serious, complex, and sensitive trials and appeals at every level of court. She is known for her exceptional courtroom presence and has been described in Legal 500 as “a leader in her field”, “a fearless and effective advocate”, and “a true inspiration to junior lawyers” and in Chambers and Partners as “A wonderful fighter with an extraordinary intellect, she’s very efficient and very good with clients“.

Felicity holds a PhD, a Master of Laws in International Governance (LLM Int Gov), a Bachelor of Laws (LLB), and a Graduate Certificate in University Teaching and Learning (GCUTL).

She is a Professor of Legal Practice at Deakin University, Melbourne where she is the Unit Chair in the undergraduate and JD programs teaching ‘Contemporary International Legal Challenges’ – including Sanctions Law, War Crimes, Modern Slavery, Digital / Tech law, Terrorism, and Art Law and she is involved in the clinical programs. She is also an Honorary Professor in the School of Health and Society at Salford University.

Felicity has consulted for the UNODC on the intersection between human trafficking, the smuggling of migrants and cybercrime. She has a long history of training professionals: this includes prosecutors in Rwanda on human trafficking, gender-based violence and corruption law as part of the Bridges to Justice Project; the Commonwealth Parliamentary Association Modern Slavery Project and the Bangladesh Judiciary Management Project.

Her policy submissions have led to changes in the law on Modern Slavery, FGM and Reproductive Rights and supported approaches to Afghanistan post-withdrawal.

She currently leads a Legal Services Board funded research project on Modern Slavery. She led a death penalty study for the Commission of Human Rights for the Philippines and a Human Trafficking report in 2023 for the International Bar Association and contributed to the 2022 Edge of Law Report in key legal challenges in the Asia-Pacific for the Bar Human Rights Committee and the American Bar Association Rule of Law Initiative.

Felicity is widely published in the fields of women and law, technology and law, and reforming justice systems. She contributes to Annotated Leading Cases of International Criminal Tribunals, the Research Handbook on Feminist Engagement in International Law, Human Trafficking and Modern Slavery Law and Practice, and is the Editor of ANZSIL Perspective.

Awards

2020:   Shortlisted for the International Bar Association Pro Bono Award

2020:   Lawyers Weekly Barrister of the Year.

2019:   Nominated for Victorian Bar Pro Bono Award for Zak Grieve mercy petition

2018:   Deans Medal for Master of Laws in International Governance

2016:   NT Human Rights Award for Justice (organizations and groups) as a member of the Making Justice Work Coalition

2016:   Legal Personality of the Year: UK Solicitors Journal 160th Anniversary Awards

2015:   CDU Ryan Family Award for commitment to excellence, outstanding results in research and innovative teaching approaches. It was recognized that “Felicity has played key roles in the development of international partnerships and has contributed to important outcomes in the region”.

Expertise

Business Crime

Felicity has a particular expertise in fraud, money laundering and sanctions law, recently contributing to the memorandum that led to the $82m divestment of the Golden City investment on the Singapore Stock Exchange and providing her expertise to the challenge to the sale of Telenor Myanmar. In 2023 she lectured in Sanctions law and was called upon to represent and advise in a transnational commodities conspiracy. Her PhD involved joint research on complex combinatoric mathematics and game theory. She has also advised on corporate responsibility for modern slavery in supply chains, logging importation and biosecurity breaches.

Felicity also has a niche practice area in art law including the destruction of cultural heritage, restitution, repatriation, and reparations.

Felicity excels in cases domestically and overseas involving difficult points of law, high profile, difficult or vulnerable clients and often a combination of all these factors, generally in the context of international, organised, and transnational crime.

Felicity is ranked in Legal 500 and Chambers and Partners and has a wealth of experience handling unusual, sensitive, or controversial matters.

She has extensive defence experience including acting in landmark trials and appeals in Homicide, Terrorism, Fraud, War Crimes, Modern slavery/human trafficking, and Sexual offending.

Her cases have significantly contributed to the development of domestic and international criminal law giving exceptional insight to the law in complex and sensitive areas which draw on her PhD and other academic experience as a Professor of Legal Practice.

Felicity is esteemed and in high demand, working with leading law firms on high profile cases in the UK and overseas and she welcomes a challenge.

Recent feedback: “The Defence battled with Prosecution for over 7 weeks to secure an acquittal. Felicity Gerry KC was outstanding in her performance throughout and certainly is one of the best in the country”.

Felicity has nearly 30 years’ experience of cases involving allegations of sexual offending at every level of seriousness, often involving high profile clients. This includes rape in homicide, intimate partner allegations, multi complainant cases and cases involving child witnesses. She is a co-author of The Sexual Offences Handbook (3rd Edition forthcoming) and has provided training, and published numerous articles, on the law in this area. She has been involved in the development of advocacy toolkits for questioning vulnerable witnesses and vulnerable defendants and has the skills and experience to deal with these sensitive cases. She is generally instructed to defend in complex recent and historic allegations, including those which involve deception, complex scientific evidence and digital material which gives rise to disclosure issues.

Felicity is commonly called upon to advise and appear in complex appeals generally in her core areas of practice – homicide, fraud, terrorism, and war crimes.

She has led appeals at the highest level including the UK Supreme Court, the Australian High Court and the Hong Kong Court of Final Appeal. She was leading counsel in R v Jogee [2016] UKSC 8 which corrected an error of law in “joint enterprise” law. She also led appeals in R v Lewis [2017] EWCA Crim 1734 which clarified the law on joint principalship and in R v Rebelo (No1) [2019] EWCA Crim 633 which clarified the law on manslaughter and intervening acts and in AAD and others [2022] EWCA Crim 106 which provided guidance on Modern Slavery defences.

She also led the Intervention on behalf of JUSTICE in R (on the application of Begum) (Appellant) v Special Immigration Appeals Commission (Respondent) R (on the application of Begum) (Respondent) v Secretary of State for the Home Department (Appellant) Begum (Respondent) v Secretary of State for the Home Department (Appellant) [2021] UKSC 7. The intervention detailed the ancient common law of allegiance and its application to trafficked persons.

Felicity holds a PhD on human trafficking / Modern Slavery law and has a particular expertise in Modern Slavery law, including with a corporate overlap and is regularly instructed in appeals on behalf of trafficked persons who commit crime. She has provided training to the Commonwealth Parliamentary Association as part of The Modern Slavery Project which is a two-year multilateral project providing practical advice and support to Commonwealth legislatures in the pursuit of combatting modern slavery. She is a contributor to Modern Slavery and Human Trafficking Law and Practice (Bloomsbury)

Felicity has a particular interest in homicide law including murder and manslaughter especially multi-defendant cases applying the law on complicity known as “joint enterprise”: She was leading counsel in R v Jogee [2016] UKSC 8 which corrected an error of law in joint enterprise. She led similar appeals in Hong Kong and Australia. She also led appeals in R v Lewis [2017] EWCA Crim 1734 which clarified the law on joint principalship and in R v Rebelo (No1) [2019] EWCA Crim 633 which clarified the law on manslaughter and intervening acts. She led a successful mercy petition on behalf of a young Aboriginal man who was convicted of a murder when he was not physically present and has filed similar petitions for conditional pardons in the UK on behalf of an autistic prisoner and a black youth both affected by the errors of law in joint enterprise.

Recent trials and appeals

R v Rashid and others 2023: multi handed murder trial on a drive by shooting – client acquitted.

R v Qayum and others 2022: multi handed murder trial on a drive by shooting – client acquitted.

R v. Tsaty and others 2021: multi-handed conspiracy to murder and firearms offences in a gang related drive by shooting where issues of ‘County Lines’ exploitation were dealt with in judicial directions – acquitted on murder and manslaughter.

R v. X (a child) and others 2021: multi-handed murder trial where the jury were directed to acquit on murder at the close of the prosecution case.

R v. Hodgkiss 2021: Alleged murder by targeted driving where issues of necessity were dealt with in judicial directions – acquitted on murder and manslaughter. Convicted of death by careless driving and immediately released.

R v. Fiaz and others 2021: multi-handed murder trial where issues of conditional intent were dealt with in judicial directions – currently on appeal.

R v. Hindle and another 2020: Murder trial where issues of drug induced intoxication were dealt with in judicial directions.

R v. Cumberbatch and others 2020: multi-handed murder trial where issues of overwhelming supervening acts were dealt with in judicial directions – acquitted on murder and manslaughter.

R v Grunyt-Meyer and others 2018 multi-handed murder trial where issues of withdrawal and householder self defence were dealt with in judicial directions – acquitted on murder.

Currently instructed in several applications to the CCRC and petitions for mercy for wrongly convicted prisoners. She also leads the posthumous petition for a pardon for Christine Keeler.

Felicity is a specialist in appellate and trial advocacy for serious and complex national, transnational, and international individual and corporate crime. She particularly specialises in leading for the defence team in terrorism trials including alleged conspiracies and completed acts. She has appeared in 3 long terrorism trials and has a particular expertise in the use of technology and cybercrime in this context. She has appeared and advised in several cases that have involved analysis and advice on terrorism and extremist legislation including relating to repatriation of citizens in Syrian camps, the taking of a child to Syria and trials under the Serious Organised Crime and Police Act 2005 labelled ‘domestic extremism’. As Professor of Legal Practice, she has also lectured in Terrorism law, and provided training in the Bangladesh Judiciary Management Project on Terrorism and Money Laundering. She has published a chapter in the Fourth volume in the European Integration and Democracy Series, devoted to Trans-Atlantic Data Privacy Relations as a Challenge for Democracy: ‘Terrorism and Paedophilia on the internet: A Global and Balanced Cyber-Rights Response is Required to Combat Cybercrime, not Knee-Jerk Regulation’.

Recent terrorism or terrorism related trials and appeals

R (on the application of Begum) (Appellant) v Special Immigration Appeals Commission (Respondent) R (on the application of Begum) (Respondent) v Secretary of State for the Home Department (Appellant) Begum (Respondent) v Secretary of State for the Home Department (Appellant) [2021] UKSC 7 (Intervention on behalf of JUSTICE)

R v Moukhaiber and others 2019-2020 multi-handed terrorism trial and appeal.

R v Abbas and others 2019 – 2021 Multi-handed terrorism trial with vulnerable defendant with issues over the application of the victim’s rule in conspiracy.

R v Galea 2020 terrorism trial on preparatory and publication offences.

Largely Felicity’s disciplinary law practice concerns lawyers and medical professionals. She is discreet in consultation and has appeared in a range of matters sensitive to the individual professional.

Felicity has retained an admin law / judicial review leading practice largely related to issues connected to criminal law including decisions relating to the treatment of long -term prisoners and decisions by the CCRC.

Felicity’s cases and advisory work often involve an international or human rights element, including genocide, war crimes, torture terrorism, homicide, biosecurity, illegal logging, human trafficking, and other major domestic and international crime.

Since taking silk she has been called upon to advise on strategic /creative litigation in PNG and Myanmar and the Cook Islands in relation to actions / class actions for human rights abuses as against government / military / corporates, particularly where there are connections to other jurisdictions where such litigation might be commenced with reference to business and human rights / modern slavery.

Largely Felicity’s prison law practice relates to advice on applications to the CCRC and judicial review

Felicity is currently on the defence team for Mr Al Hassan at the International Criminal Court. She is admitted to the lists of counsel in the International Criminal Court (ICC) and the Kosovo Specialist Chambers (KSC in the Hague. She has also had ad hoc admission in Hong Kong and Gibraltar.

She is a Specialist in appellate and trial advocacy for serious and complex national, transnational, and international individual and corporate crime. Recently leading an amicus curiae observation in the international Criminal Court in The Hague in the Dominic Ongwen appeal.

Regularly called upon to handle serious, complex, and sensitive matters often with an international element. Her cases and advisory work often involve an international or human rights issues, including genocide, torture, terrorism, biosecurity, illegal logging, modern slavery and other major international crime. She has assisted in death penalty cases in Indonesia, particularly on the intersection between drug trafficking and human trafficking and assisted in the reprieve from execution of Filipina Mary Jane Veloso. Her international advisory work has included a study on proposed reintroduction of the death penalty in the Philippines, advice on the interpretation of the Penal Code in Montserrat relating to child exploitation and interpretation of sexual offences legislation in Guernsey as well as other Privy Council matters. She brings her expertise in joint criminal enterprise to international proceedings, including publishing in the International Bar Association War Crimes Committee newsletter on JCEIII liability in the KSC.

She contributes to Annotated Leading Cases of International Criminal Tribunals, the Research Handbook on Feminist Engagement in International Law, Human Trafficking and Modern Slavery Law and Practice and is the Editor of ANZSIL Perspective. She has lectured at SOAS on special arrangements for vulnerable witnesses in the International Courts. In 2012 she published a joint paper for Lexis Nexis on male rape in conflict zones and in 2014 published in the International Bar Association ICC Moot Court Manual on command responsibility.

In addition, Felicity holds a PhD, a Bachelor of Laws, a Master of Laws in International Governance and a Graduate Certificate in University Teaching and Learning (GCUTL). She is also Professor of Legal Practice at Deakin University, Melbourne where she is unit chair in the undergraduate and JD programs teaching Contemporary International Legal Challenges – including War Crimes, Modern Slavery, Terrorism, Sanctions Law, Art Law and Climate Change Law and she is involved in the clinical programs.

Recommendations

"She’s an advocate’s advocate, who presents well to juries."Chambers and Partners, 2024
"Felicity is a fearless courtroom performer, dedicated to putting her clients’ cases faithfully and sympathetically. She is also an authoritative legal analyst. She therefore engages the attention of both juries and judges."Legal 500, 2024
"Felicity is a leading expert on the law of joint enterprise who commands respect from judges as to the correct framework to now be applied."Legal 500, 2023
"A wonderful fighter with an extraordinary intellect, she's very efficient and very good with clients."Chambers and Partners, 2023
"Produces succinct and cogent submissions and is always looking to push the law forward."Chambers and Partners, 2022
"Felicity thinks outside the box and is not afraid to push the envelope. She is at the forefront of the development of criminal law. She is a true inspiration to junior lawyers. She is a leader in her field. Clients feel she will fight their corner at every stage of a case."Legal 500, 2021
"Recommended Silk"Doyle's Guide, 2020
"Who's Who 2016 - 2020", 2020
"Featured in Chambers and Partners silks", 2014
"Appears in complex appeals cases"Legal 500
"Well respected for national and international appellate issues"Legal 500
"Fearless and independent-minded"Legal 500
"A vastly experienced advocate noted for her experience in serious sexual cases, homicides, and frauds"Chambers and Partners
"Fearless and effective advocate"Legal 500
"Tenacious in court"Legal 500
"An expert in the field of sex offences"Legal 500

Appointments/Memberships

  • ICCBA Training Committee
  • IBA Criminal Law Committee
  • Human Rights Committee VicBar
  • ANZSIL – Council member and Editor of Perspective.
  • Member of Commonwealth Lawyers Association.
  • Ambassador for International Social Services
  • Ambassador for The Advocates Gateway (formerly on Management Committee).
  • Member of UK Criminal Appeal Lawyers Association.
  • Member AWB, AWL and Women in Crime.
  • South Eastern & Midland Circuits
  • Criminal Bar Associations in England and Wales and Australia;

Accreditations

Gerry, Felicityuk-leading-silk-2024
Instruct FelicityTo instruct Felicity please contact our clerks by phone on +44 (0) 20 7036 0200 or email us at clerks@libertaschambers.com