Daisy Mackersie

Call: 2013

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Education

MA (Oxon); GDL & BPTC (City)

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Introduction

“Extremely hard-working and diligent with top-notch drafting skills”Chambers UK 2020

“She is a strong choice” Chambers UK 2020

Daisy is an experienced junior practising in competition, procurement and regulatory law. She also has significant experience of wider public law matters, including information law and data protection.

As a highly-regarded junior, Daisy acts with leading silks in complex and high-profile litigation. She also advises and appears in her own right, including for parties subject to regulatory investigations and, in procurement, for interested parties on matters of process and confidentiality.

Daisy acts for commercial clients, government and public bodies. Clients have described her as a “rising star” of the profession, commending her drafting as “superb and extremely lucid”. She is an “excellent” advocate, dealing with oral submissions “effortlessly” and to “an extremely high standard”.

She is currently instructed in two of The Lawyer’s Top 20 cases for 2020: the rail franchising litigation and the foreign exchange damages litigation.

Recent significant cases include:

  • For Stagecoach in the rail franchising litigation (High Court and Court of Appeal)
  • For DAF in the trucks competition damages litigation
  • For J P Morgan in the foreign exchange damages litigation
  • For Whistl in Royal Mail’s appeal against Ofcom’s abuse of dominance decision in relation to postal services
  • For Care UK in the CMA’s action alleging breach of consumer protection law
  • News
  • Competition

    Daisy is an experienced competition law junior. She is currently instructed under leading silks in several significant competition damages actions and regularly advises commercial clients on competition law issues. She contributes to the leading practitioner text (Bellamy and Child: European Union Law of Competition).

    Cases

    Litigation

    Her current and recent competition cases include:

    • Trucks —for DAF in individual damages claims
    • Royal Mail v Ofcom — for Whistl in Royal Mail’s appeal against Ofcom’s abuse of dominance decision in the postal sector: [2019] CAT 27
    • Foreign Exchange — for JP Morgan in individual damages claims and proposed class actions
    • Multilateral interchange fees – for various claimants bringing claims against Visa
    • CRT Glass — for Schott in a follow on damages claim
    • LCDs — for claimant public authorities bringing follow on damages claims
    • Pay for delay — for Merck in its appeal against the judgment of the General Court of the European Court of Justice

    Advisory

    Examples of Daisy’s competition advisory practice include advising (led and unled) on:

    • the lawfulness of proposed distribution arrangements
    • the legal obligations of companies, and other bodies, who hold a dominant market position
    • competition and state aid issues arising from new projects or initiatives from central Government and other public bodies
    • competition issues relating to trade organisations and industry bodies
    • complaints to the CMA and European Commission about the conduct of competitors
    • regulatory investigations concerning potential breaches of competition law
  • Public procurement

    Daisy has a well-established procurement law practice and is described in Chambers and Partners as having “excellent procurement law knowledge”. She acts for contractors and contracting authorities in complex and high-value litigation, as well as for interested parties with procedural concerns, such as the protection of confidential information.

    Daisy advises on contentious and non-contentious matters concerning all aspects of the procurement regime, including public contracts, utilities, concessions, and defence and security.

    Cases

    Daisy’s recent significant procurement cases include:

    • Rail franchising litigation — for Stagecoach against the Department for Transport in the High Court and Court of Appeal: [2019] EWCA Civ 2259; [2020] EWHC 1569 (TCC)
    • HS2 (unled) — for an interested party in a challenge brought at the prequalification stage of the procurement for high speed railway rolling stock
    • MLS (Overseas) v Secretary of State for Defence — for MLS in relation to the procurement of worldwide port agency services by the Ministry of Defence: [2017] EWHC 3389 (TCC)
    • NATs v Gatwick Airport Ltd — for Gatwick Airport in relation to the procurement of air-traffic control services: [2014] EWHC 3728 (TCC)
    • Group M UK Ltd v Cabinet Office — for the Cabinet Office, defending an application to lift the automatic suspension: [2014] EWHC 3728 (TCC)
    • Mitie v Secretary of State for Justice — for Mitie, defending an application to lift the automatic suspension: [2020] EWHC 63 (TCC)
  • Commercial and consumer regulation

    Daisy acts for and advises regulators and businesses subject to regulatory investigation and enforcement, including under consumer protection legislation. Her experience spans a range of industry sectors, including telecommunications, utilities and financial services.

    Cases

    Current and recent matters include:

    • Care UK — for Care UK in the CMA’s action alleging breaches of consumer protection legislation
    • advising the Payment Systems Regulator, a subsidiary of the Financial Conduct Authority, on new interchange fees regulation
    • advising Openreach on regulatory issues, including Ofcom market reviews
    • advising a party to a regulatory investigation by Ofgem
    • advising a party on potential regulatory action by the CAA in relation to consumer protection issues
  • Public, environmental and information law

    Daisy acts for claimants and public bodies in judicial review cases and statutory appeals and advises on public law issues including the application of the freedom of information and data protection legislation.

    Cases

    Daisy’s recent public law work includes:

    • acting for the claimants against the CAA in relation to the classification of airspace: R (on the application of Lasham Gliding Society Ltd) v CAA [2019] EWHC 93 (Admin)
    • advising a leading environmental NGO on proposals for a third runway at Heathrow
    • advising WASPI in relation to the changes to the state pension age for women
    • acting for Friends of the Earth against the Secretary of State’s approval for the use of certain pesticides: R (on the application of Friends of the Earth) v Secretary of State for Energy and Climate Change [2015] EWHC 3283 (Admin)
    • acting for the Environment Agency in an appeal against its refusal to issue water abstraction licences for sites near to Special Areas of Conservation protected by the EU Habitats Directive
    • acting for the claimants in a judicial review of the Secretary of State’s decision to refuse to award a commercially valuable form of support for the production of renewable energy: R (on the application of Drax Power Ltd) v Secretary of State for Energy and Climate Change [2014] EWCA Civ 1153
  • Additional information

    Before joining Monckton in 2014, Daisy was a clerk in the House of Lords where, amongst other posts, she worked for the Conduct Committee on investigations into the abuse of expenses and on legislation in the Public Bill Office.

    She read philosophy and theology at Keble, Oxford and, on leaving the Lords, completed the GDL (Distinction) and BPTC (Outstanding) at City Law School. During her training, she won prizes and awards from Middle Temple, City University and the Bar Council.

  • What the directories say

    Public Procurement: “Extremely hard-working and diligent with top-notch drafting skills and excellent procurement law knowledge.” – Chambers UK, 2020

  • Publications
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