5 Essex Court

Andrew Waters

Call 1987

Police Law

Andrew’s extensive Police Law experience covers the whole range of civil and public law issues that affect police forces including:

Civil actions – Civil actions for false imprisonment, assault, malicious prosecution, misfeasance in a public office, HRA claims and negligence.

Discipline – Described as “Pre-eminent for police conduct and discipline case”, he covers a wide range of disciplinary work, both advisory and as an advocate.

Inquests – Andrew has extensive experience of inquests where the police have had some form of contact or dealing with the police.

Judicial review – Andrew regularly appears in the Administrative Court on behalf of the police forces on issues ranging from search warrants, police discipline, claims involving human rights, and public protection.

Cases of note include:

Hillsborough Inquests - Andrew represented Sheffield Wednesday Football Club throughout what is now the longest inquest in English legal history. Following on from the inquests he is currently representing the then Club Safety Officer in current criminal proceedings.

Death of Ian Tomlinson - the discipline proceedings against PC Simon Harwood for the death of newspaper vendor Ian Tomlinson.

Hussain v West Mercia Constabulary – Court of Appeal – requirement of recognisable psychiatric damage (rather than anxiety resulting in physical symptoms) in a claim for misfeasance in a public office.

Morrison v Commissioner of Police of the Metropolis - whether the use by the police of a Taser amounted to a breach of Article 3 of the ECHR and required an independent investigation by the Independent Police Complaints Commission rather than by the Metropolitan Police Department of Professional Standards.

Guardian Newspapers v Information Commissioner – unsuccessful attempt by the Guardian Newspaper to obtain from Avon & Somerset Constabulary the investigation report in respect of the allegation that the former Liberal Leader Jeremy Thorpe had been involved in a conspiracy to murder.

Bichard Inquiry – represented Cambridgeshire Constabulary at the inquiry into the child protection procedures (in particular intelligence keeping and vetting) following the conviction of Ian Huntley for the murders of Jessica Chapman and Holly Wells.

Cowan v Chief Constable of Somerset & Avon Court of Appeal - liability of police forces for negligence post Osman.

O’Sullivan v Commissioner of Police of the Metropolis – public interest immunity attaches to reports from police to the Crown Prosecution Service.