Daisy Mackersie

Call 2013
Education
MA (Oxon); GDL & BPTC (City)
Contact

+44 (0)20 7405 7211

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Daisy’s practice includes all of Chambers’ main specialisations: competition, procurement, commercial regulatory and public law. She has an extensive advisory practice in her own right and acts both on her own and as part of a team of counsel in disputes.

Daisy’s current clients include regulators, industry and its trade bodies, NGOs and Government departments. Her clients have included the Payments Systems Regulator, Ofgem, Gatwick Airport, Openreach, EE, Tesco and Friends of the Earth.

Clients have publicly referred to Daisy as a “rising star” of the profession, commending her drafting as “superb and extremely lucid”. She has been described as an “excellent” advocate, dealing with oral submissions “effortlessly” and to “an extremely high standard”.

  • Competition

    Daisy contributes to the leading EU competition law practitioner text (Bellamy and Child: European Union Law of Competition) and can provide in-house competition law training. Her recent and current competition cases include:

    • Generics (UK) Limited & Ors v Competition and Markets Authority (with Ronit Kreisberger): appeal against the CMA’s decision concerning patent settlement agreements
    • Merck KGaA v European Commission (with Ronit Kreisberger): appeal against the judgment of the General Court relating to the Commission decision in the “pay for delay” cases
    • Leeds City Council & Ors v Samsung Electronics Co Ltd & Ors (with Michael Bowsher QC): follow-on damages claim arising from the LCD cartel
    • Arcadia Group & Ors v Visa (with Tim Ward QC and Rob Williams): follow-on damages claim brought by the Arcadia Group, Marks & Spencer and Tesco against Visa in relation to multilateral interchange fees

    Daisy has extensive experience of advising businesses and public bodies on competition issues, including in relation to:

    • regulatory investigations concerning potential breaches of competition law, including by the CMA and Ofgem
    • the legal obligations of companies, and other bodies, who hold a dominant market position
    • complaints to the CMA and European Commission about the conduct of competitors
    • 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
  • Commercial Regulation and Telecommunications

    Daisy has worked on commercial regulatory matters in several sectors, including telecommunications, financial services, energy, water, aviation and sport. Her recent experience includes:

    • advising the Payment Systems Regulator, a subsidiary of the Financial Conduct Authority, on new interchange fee regulation
    • advising a technology company on jurisdiction issues in relation to a potential competition law claim
    • providing regular advice to Openreach on regulatory issues, including ongoing Ofcom market reviews
    • advising various parties on the regulation of the groceries sector under the Groceries Supply Code of Practice
    • advising on the regulation of airspace
    • advising an airline on potential regulatory enforcement action by the CAA in relation to a consumer protection issue
    • advising downstream communications providers in relation to Ofcom investigations and consumer protection issues
    • advising on issues relating to the regulatory functions of the RFU
  • Public procurement

    Daisy is often instructed in public procurement challenges, acting both for and against the contracting authority. She regularly provides pre-litigation advice to unsuccessful bidders and contracting authorities. Recent matters include:

    • MLS (Overseas) Ltd v Secretary of State for Defence (with Philip Moser QC): acting for the claimant in litigation concerning the procurement of worldwide port agency services for the Ministry of Defence
    • advising a provider of medical products and services in relation to several NHS procurements
    • advising a contracting authority on the public procurement issues arising from a major infrastructure project
    • Airwave Solutions Ltd v Secretary of State for the Home Department (with Philip Moser QC): advising the successful bidder (EE Limited) in the high profile challenge to the procurement of the new emergency services network
    • NAT (Services) Ltd v Gatwick Airport Ltd (with Michael Bowsher QC): acting for Gatwick Airport in a challenge concerning the procurement of air traffic services
    • Group M UK Ltd v Cabinet Office [2014] EWHC 3659 (TCC) (with Philip Moser QC): acting for the Cabinet Office in relation to the procurement of media buying services
  • Public, Environmental and Information law

    Daisy acts for claimants and public bodies in judicial review cases and statutory appeals, and regularly advises on public law issues. Recent matters include:

    • R (on the application of Ahmed Alhifini) v SSHD: obtaining permission for judicial review and interim relief in relation to the Secretary of State’s assessment of the claimant’s age
    • advising a leading environmental NGO (with Jon Turner QC) on proposals for a third runway at Heathrow
    • advising WASPI (with Jon Turner QC and Gerry Facenna QC) in relation to the changes to the state pension age for women
    • R (on the application of Friends of the Earth) v Secretary of State for Energy and Climate Change [2015] EWHC 3283 (Admin) (with Gerry Facenna QC): acting for Friends of the Earth in a challenge against the Secretary of State’s approval of the use of certain pesticides under Regulation (EC) 1107/2009
    • acting for the Environment Agency (with Gerry Facenna QC) 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
    • R (on the application of Drax Power Ltd) v Secretary of State for Energy and Climate Change [2014] EWCA Civ 1153 (with Tim Ward QC): 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

    Daisy is also regularly instructed by the Information Commissioner to deal with appeals under the Freedom of Information Act 2000 and Environmental Information Regulations and with issues arising under the Data Protection Act 1998.

  • Indirect Tax, Duties and Customs

    Recent cases include:

    • British American Tobacco (Holdings) Ltd v HMRC (with Melanie Hall QC): dispute about HMRC’s imposition of a penalty on British American Tobacco under sections 7A to 7C of the Tobacco Products Duty Act 1979
    • R (on the application of British Aggregates Association) v HM Treasury (with Melanie Hall QC): advising HM Treasury on ongoing domestic litigation with the British Aggregates Association in respect of the Aggregates Levy and related challenges in the European courts
    • Magharafelt District Council v HMRC (with Melanie Hall QC): acting for the lead appellant in a case concerning the VAT treatment of the supply of sporting and leisure services by local authorities across the UK
  • 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.

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