Brick Court Chambers

Emily MacKenzie

Emily MacKenzie

YEAR OF CALL: 2012

" A brilliant legal talent” “a future superstar "
Legal 500 2022
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Emily MacKenzie is a leading junior with a practice spanning public, competition, EU, commercial and regulatory law. She is particularly sought after in complex judicial review claims, pharmaceutical regulation and competition damages.

She is consistently highly ranked in the legal directories, where she has recently been described as being “A brilliant legal talent who cuts to the chase and gets the work done with speed and superb quality”; “incredibly smart, tactically sound as well as being really pleasant and supportive to work with”; “A great junior to instruct”; "Very practical, knowledgeable and highly commercial in her advice"’ "An excellent legal mind and a great team player, diligent and efficient and great at written advocacy” and “a future superstar”.

Emily read law at Oxford University (including a year studying French Law at Université Paris II Panthéon- Assas) and also completed an LL.M at New York University, specialising in public international law and counter terrorism. Before coming to the Bar, Emily taught European Human Rights Law and Roman Law at Oxford University. She has also completed a six month international law fellowship at the American Society of International Law in Washington DC and a secondment in pharmaceutical regulation at Olswang LLP. She edits the counter-terrorism sections of the White Book and is the Member Secretary of the Administrative Law Bar Association   .

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  • Public Law M

    Emily is described in the directories as being an “incredibly smart, tactically sound” lawyer in the field of public and administrative law. She has a wide-ranging practice in this area and is particularly sought after in complex and creative judicial reviews, especially those that involve a crossover between public law and EU, competition or commercial law.

    Emily appears, both led and unled, in a wide range of courts, tribunals and internal regulatory procedures. She has acted in some of the landmark Supreme Court cases in this field, including the voter ID judicial review (Coughlan), the seminal Brexit case (Miller 1) and the term-time holiday case (Platt v Isle of Wight).

    She acts routinely for both claimants and defendants and has substantial experience in representing the Government as a member of the Attorney General’s C Panel of Counsel.

    As well as an extensive advisory practice, her notable instructions include:

    • Coughlan v Cabinet Office [2020] EWCA Civ 723 – acting for the Cabinet Office in a judicial review challenging voter ID pilots in local elections (Supreme Court judgment pending)

    • Bayer v NHS Darlington CCG and o'rs [2020] EWCA Civ 449 - acting for the claimant in a judicial review challenging the policy of various Northern CCGs to prefer the use of a cancer drug not licensed for the treatment of eye diseases over the licensed products on the grounds of cost

    • R. (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 - representing Scotland in the Supreme Court case concerning the government's power to give notice to leave the EU under Article 50

    • Platt v Isle of Wight Council [2017] UKSC 28 - a Supreme Court appeal concerning whether an offence is committed when a parent takes a child out of school for a term-time holiday

    • Aldi v Advertising Standards Agency – acting for Tesco, the proposed interested party in a judicial review concerning the ASA’s review of a Tesco advert

    • Revuka v Secretary of State for Work & Pensions (Upper Tribunal) – acting unled for the Secretary of State in an appeal concerning the correct construction of the Universal Credit Regulations

    • Atif v Legal Ombudsman – acting unled for the claimant in a judicial review of a decision of the legal ombudsman concerning a law firm’s cyber security

    • Willshire v Secretary of State for Work & Pensions (Upper Tribunal) – acting unled for the Secretary of State in an appeal concerning whether reactive attachment disorder meets the criteria for Disability Living Allowance

    • Andrews v Cabinet Office (No.2) – acting for the Cabinet Office in a judicial review concerning whether the lack of provision to assist blind and partially sighted voters in time for the December 2019 general election breached human rights

    • R (Plan B Earth and o'rs) v Secretary of State for Business, Energy and Industrial Strategy - acting for the claimant in a judicial review challenging the Secretary of State's failure to revise the 2050 carbon target in light of the Paris Agreement

    • AS (Albania) v Secretary of State for the Home Department – acting unled for the Secretary of State in a judicial review claiming that a delay of nine years in deciding an asylum application was unlawful and contrary to human rights

    • Galley v Secretary of State for Health & Social Care – acting unled for the Secretary of State in two judicial reviews seeking to challenge the omission to recommend the use of Vitamin D to treat Covid-19 and an alleged failure to assess the safety and efficacy of statins

    • Secretary of State for Work & Pensions v Shahzad (Upper Tribunal) – acting unled for the Secretary of State in an appeal about whether certain EEA citizens qualify for carer’s allowance

    • Re “RT” (Mental Health Tribunal for Wales) – acting unled for the Secretary of State for Justice in a reference concerning whether the powers to recall restricted mental health patients to hospital were being exercised lawfully

    • Forge Care Homes & Others v Cardiff & Vale University Health Board & Others [2017] UKSC 56 - a judicial review concerning the division of responsibility between the NHS and local authorities for funding nurses in care homes

    • Asif et al v Secretary of State for of Defence – acting for the Ministry of Defence  in a human rights claim brought in the Senior Judge’s Court of the Sovereign Base Area of Akrotiri and Dhekelia and again in the Court of Appeal

    • AB v Home Secretary (Upper Tribunal) - successfully appealing, pro bono and unled, a refusal of leave to remain in a human rights immigration case

    • Commissioner of Police of the Metropolis v AK - resisting unled an application to retain the passport of a British teenager seized upon suspicion that she was attempting to travel to Syria to join ISIS

    • R(A) v Director of Public Prosecutions - an urgent claim concerning a private arrest warrant for foreign visitor suspected of complicity in war crimes

  • EU law M

    Emily is described in the directories as “an excellent legal mind” and a “future superstar” in the field of EU law. Prior to and since the UK exited the EU, she has advised extensively in relation to related issues, including the scope of retained EU law. She is frequently approached for her expertise in this field, in particular in judicial reviews that raise points of EU law, or former EU law. She has an advanced advisory practice in the area, including advising the Government on reciprocal healthcare arrangements and advising companies and charities as to their compliance with EU derived regimes, such as consumer and data protection rules. She has extensive experience in pharmaceutical regulation (see the separate section below). Her notable other instructions in this area include:

    • Micula & O'rs v Romania [2020] UKSC 5  - representing Romania in seeking an unprecedented stay of enforcement of a £150 million ICSID award where payment would breach a Commission State aid decision

    • Bayer v NHS Darlington CCG and o'rs [2020] EWCA Civ 449 - acting for the claimant in a judicial review challenging the policy of various Northern CCGs to prefer the use of a cancer drug not licensed for the treatment of eye diseases over the licensed products on the grounds of cost

    • GMP Orphan v Commission (Case T-733/17) – acting for the applicant in General Court proceedings challenging the refusal to classify Cuprior as an orphan medicinal product

    • Secretary of State for Work & Pensions v Shahzad (Upper Tribunal) – acting unled for the Secretary of State in an appeal about whether certain EEA citizens qualify for carer’s allowance

    • SPL v DEFRA - a claim for Francovich damages of over £50 million in respect of a denial of payments under the Common Agricultural Policy

    • Orion v MHRA [2019] EWHC 689 (Admin) – acting for the claimant in a judicial review concerning data protection for Dexdor

    • GMP Orphan v Commission (Case T-733/17) – acting for the applicant in General Court proceedings challenging the refusal to classify Cuprior as an orphan medicinal product

    • Teva v EMA, Case C-138/15 P - appeal to the Court of Justice on the interpretation of the orphan regulation

    • London Executive Aviation v the Environment Agency - successfully appealing a Civil Penalty Notice issued under the EU Greenhouse Gas Emissions Trading Scheme Regulations

    • Barco de Vapor v Thanet District Council [2014] EWHC 490 (Ch), a successful claim establishing Francovich liability following a ban on transporting live animals through Ramsgate Port

  • Pharmaceuticals M

    Emily has an advanced practise in pharmaceutical regulation and is instructed for clients in both the generic and innovative sector. She has considerable experience acting in both UK and EU judicial reviews and other proceedings, as well as in advising pharmaceutical companies, patient groups, and research charities. She also acts for the UK regulator, the MHRA, as well as the Department of Health.

    In 2015, Emily undertook a part-time secondment in pharmaceutical regulation for 6 months at Olswang LLP, during which she worked on several different cases for a major generic pharmaceutical company.

    Her notable instructions include:

    • Bayer v NHS Darlington CCG and o'rs [2020] EWCA Civ 449  - acting for the claimant in a judicial review challenging the policy of various Northern CCGs to prefer the use of a cancer drug not licensed for the treatment of eye diseases over the licensed products on the grounds of cost

    • Orion v MHRA [2019] EWHC 689 (Admin) – acting for the claimant in a judicial review concerning data protection for Dexdor

    • Galley v Secretary of State for Health & Social Care – acting unled for the Secretary of State in two judicial reviews seeking to challenge the omission to recommend the use of Vitamin D to treat Covid-19 and an alleged failure to assess the safety and efficacy of statins

    • GMP Orphan v Commission (Case T-733/17) – acting for the applicant in General Court proceedings challenging the refusal to classify Cuprior as an orphan medicinal product

    • Acting unled for a patient group at the internal NICE appeal of the refusal to recommend Scenesse as cost-effective for the treatment of erythropoietic protoporphyria

    • Acting for the MHRA in a judicial review concerning bioequivalence guidance

    • Teva BV v MHRA; Biogen Idec Ltd - a judicial review challenging the MHRA's refusal to validate an application for a marketing authorisation for a generic version of Tecfidera, which treats MS

    • Teva v EMA, Case C-138/15 P - appeal to the Court of Justice on the interpretation of the orphan regulation

  • Competition M

    Emily is described in the directories as a “brilliant legal talent” in the field of competition law. She has a diverse practice in both EU and domestic competition law and has been instructed in some of the major cases in the field in recent years, including the Evening Standard merger case, the Optis v Apple FRAND dispute and the Granville (DRAM) follow-on action, which gave rise to a leading judgment on limitation issues. She also acts extensively in EU law outside the field of competition (see the separate “EU law” section above).

    She frequently advises both private parties and public sector bodies on a wide array of competition issues, such as excessive pricing in the pharmaceutical industry, abuses of dominance by tech platforms and potential anticompetitive agreements in the automotive industry. She has experience in a wide range of related issues, such as jurisdiction, limitation and disclosure and is particularly sought after in cases that raise parallel public law issues.

    Her notable instructions in this area include:

    • Optis v Apple – acting for the Claimant in a FRAND dispute which raises allegations of abuse of dominance

    • Granville Technology Group v Infineon; Micron – acting for the Defendant in a follow-on action brought in respect of the DRAM cartel

    • Kodak v JP Morgan & Others – acting for a Defendant to a High Court claim alleging anticompetitive behaviour in the aluminium futures market

    • Lebedev Holdings & Indepdendent Digital News and Media v Secretary of State for Digital, Culture, Media and Sport [2019] CAT 21 – acting for the Secretary of State in CAT proceedings challenging the issue of a public interest intervention notice issued in respect of a merger concerning the Evening Standard

    • Fiat Chrysler v JTEKT Europe & Others – acting for a defendant in the follow-on damages claim in respect of a cartel in automotive bearings

    • Acting for the European Commission in the appeal brought by Cargolux airlines in relation to the re-adopted Air Cargo decision

    • Vodafone v Infineon - acting for Infineon in a follow-on damages claim concerning a cartel over SIM card chips

    • ABF Ltd v Recticel - acting for Recticel in a follow-on damages claim concerning a cartel over mattress foam

    • Dixons and o'rs v Mastercard - acting for the Mastercard UK Members Forum in a damages claim arising out of the MasterCard interchange fee litigation

  • Commercial M

    Emily routinely accepts instructions in commercial cases and has particular experience with shipping disputes and cases that involve elements of EU or public/regulatory law. As well as a variety of advisory work, her notable instructions include:

    • OCBC v GTL – acting for the claimant in a Commercial Court claim relating to the issuing of letters of credit

    • Knightsbridge Leasing v Sunseeker (The M.Y. Sanity) - a claim in the Commercial Court for substantial damages following the total destruction of a vessel by fire

    • Louis Dreyfus v Blue Fleet Management - an appeal in the Commercial Court concerning jurisdiction issues in a shipping arbitration

    • Micula & O'rs v Romania [2020] UKSC 5  - representing Romania in seeking an unprecedented stay of enforcement of a £150 million ICSID award where payment would breach a Commission State aid decision

    • Mohamed Ali Saleh v Crossbow Cement - successfully acting unled in an Arbitration Act appeal on the question of whether lost demurrage can be claimed as damages

    • Cotchford Secretary v X5 Retail Group - a claim in the Commercial Court for substantial damages for breach of a contract concerning supermarket leases

    • Acting for the owners in an LMAA shipping arbitration involving a substantial claim for damages following a fire on board

  • Publications M

    Editor of the counter-terrorism sections of the 'White Book’ since 2018

    The final constitutional steps to withdrawal (6 February 2020) Brexit Law blog (available here)

    Understanding the implementation of the Withdrawal Agreement in domestic law (11 February 2020) Brexit Law blog (available here)

    A Right to Hope? Extradition to the U.S. and Life Without Parole, American Society of International Law Insights (28 September 2015) (available here)

    EFTA and the EEA: What are they? (6 July 2016), Brexit Law blog (available here)

    An Introduction to Land Law, Simon Gardner with Emily MacKenzie (4thEd. Hart, 2015, previously 3rdEd. 2012) - Emily co-wrote the chapters on Human Rights in Land Law and Ownership

    Successful challenge to levels of asylum support – R (on the application of Refugee Action) v Home Secretary, U.K. Constitutional Law Blog (8th May 2014) (available here

    The Lawfulness of Detention by British Forces in Afghanistan – Serdar Mohammed v Ministry of Defence, U.K. Constitutional Law Blog (2nd June 2014) (available here)

    Introductory Note to Frederic Hay v. Crédit AgricoleMutuelle Charente-Maritime et Des Deux-Sevres, International Legal Materials (2014)

    International Aspects of Asylum Law in the Supreme Court of the United Kingdom, ASIL Insights, Vol.18, Issue 24 (29 October 2014) (available here)

  • Qualifications M

    Education and Employment

    2014: International Law Fellow, American Society of International Law (6 months)

    2013-present: Tenant, Brick Court Chambers

    2012-13: Pupillage, Brick Court Chambers

    2011-12: BPTC, BPP Law School (Outstanding, Top Student Award) 2011-12: Non-stipendiary Lecturer in law, Lincoln College, Oxford

    2010-11: LL.M International Legal Studies, New York University School of Law

    2010-11: Graduate Editor of the NYU Journal of International Law and Politics

    2006-10: BA (Hons) Law with French Law, Lincoln College, Oxford (First Class, 2nd in year)

    2008-09: Certificat Supérieur de Droit, Université Paris II Panthéon-Assas

    Scholarships and prizes

    2014: International Law Fellowship, American Society of International Law 2011: Inner Temple major scholarship

    2010: NYU Dean's Graduate Award

    2010: Wronker Prize for Jurisprudence (Oxford)

    2010: Gibbs book award for outstanding performance in Contract, Tort, Land and Trusts (Oxford)

    2010: Anne-Marie Drummond Prize for the best performance in humanities final honour school (Lincoln College)

    2009: Gluckstein Law Scholarship (Lincoln College) 2008: Lovell's prize to second years at Lincoln College

    2007: Sweet and Maxwell prize for best overall performance in Oxford Law Moderations

    Memberships

    ALBA, COMBAR, BEG, JUSTICE, YPLG

  • Directory Quotes M

    Administrative & Public Law

    "She is incredibly smart, tactically sound as well as being really pleasant and supportive to work with." "She is an incredibly efficient and effective barrister." Chambers & Partners 2022

    "Very good lawyer, strong on the facts, strong on the law, quick, easy to deal with, a fast-learner and flexible in her thought." Legal 500 2022

    "Very practical, knowledgeable and highly commercial in her advice." Chambers & Partners 2021

    "Completely on top of the law, can get to the heart of a case immediately, and can draft extremely well." Legal 500 2021

    "She writes really well, gets up to speed very quickly on things and is very easy to work with." "I would certainly work with her again because of her excellent written work and commitment to the case." Chambers & Partners 2020

    "She has extremely good judgement as to which arguments should be run and which should not." Legal 500 2020 

    "Instructed in high-profile public law challenges on behalf of government departments, local authorities and other public bodies. Her recent mandates include constitutional law, education, healthcare and PIL." "Very bright, she gets on top of issues very quickly, and her written work is some of the best I've seen from a junior." "An excellent junior who quickly assimilates information and delivers clear advice." Chambers & Partners 2019

    "She is an excellent junior barrister who quickly assimilates information and delivers clear advice." "She is very bright, very pleasant and writes well." Chambers & Partners 2018

    Competition

    "A brilliant legal talent who cuts to the chase and gets the work done with speed and superb quality. A great junior to instruct." Legal 500 2022

    "She quickly establishes the key issues in instructions and provides clear and concise advice." Legal 500 2021

    "Efficient and easy to work with." Legal 500 2020

    EU Law

    "She is very responsive, proactive and reasonable."  Chambers & Partners 2022

    "An excellent legal mind and a great team player, diligent and efficient and great at written advocacy. She is a future superstar." Legal 500 2022

    "Really fantastic and switched on." Chambers & Partners 2021

    "Emily is very good indeed: she is completely on top of the law, can get to the heart of a case immediately, and can draft extremely well. Clients are impressed her." Legal 500 2021

    "Gets up to speed very quickly and is easy to work with." "She is approachable and on top of the details, which makes her a good sounding board for the solicitor team." Chambers & Partners 2020

    "A very capable barrister and a pleasure to work with." Legal 500 2020 (EU Law)