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Practice Areas

  • INQUESTS
  • POLICE LAW
  • PUBLIC / ADMINISTRATIVE LAW
  • PUBLIC INQUIRIES

News

5 Essex Court in The Legal 500

5 Essex Court is rated highly in its specialist fields in Chambers and Partners 2013

Andrew Waters

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YEAR OF CALL: 1987

Andrew is ranked as a leading junior in both police and disciplinary law in Chambers UK and The Legal 500 UK.

  • “Pre-eminent for police conduct and discipline cases.” (Police Law) Chambers UK 2017
  • “His laid-back, calm approach instils you with the confidence that you have the right person.” (Police Law) Chambers UK 2017
  • “He is liked by clients and witnesses alike.” (Police Law) Chambers UK 2017
  • “An expert in police law.” (Civil liberties and human rights, including actions against the police) The Legal 500 UK 2015
  • “He identifies the strengths and weaknesses of a case and presents it in astreamlined way that is palatable for the panel.”(Police Law) Chambers UK 2015
  • “Clients love him and are naturally put at ease by him. He’s very good at talking to people on their level and listening to them, which is incredibly important. He’s a co-operative team player.” (Police Law) Chambers UK 2014 
  • Andrew Waters is “an impassioned advocate who fights his client’s corner very well.” A “good team player,” he is “excellent with witnesses” and has a “very calming manner.” He comes highly recommended for his expertise in disciplinary actions and is also “an excellent employment law adviser.” Recently, he appeared successfully for Merseyside Police in the Court of Appeal appealing a judge’s decision to dismiss a claim for false imprisonment. This was an important case that resulted in a guideline judgment clarifying S24 of the Police and Criminal Evidence Act 1984’ (Police Law) Chambers and Partners 2013
  • At the same set, Andrew Waters is a lawyer who garners great admiration from his opponents. One such commented that he is “a principled lawyer who is tough but fair – all of us who are against him respect him” (Discipline) Chambers and Partners 2013

Background:

Andrew was called to the Bar in 1987 having completed his law degree in Bristol and Bar Finals in London. He has been at 5 Essex Court throughout his career.

 

Police Law:

Andrew has considerable experience of representing and advising police forces in England and Wales across the whole range of civil and public law issues that affect them.

  • Civil actions – All levels of civil actions for false imprisonment, assault, malicious prosecution, misfeasance in a public office and negligence.
  • Discipline – a wide range of disciplinary work, both advisory and as an advocate. Sits as a legal adviser and has dealt with high profile / sensitive cases.
  • Inquests – deaths in police and prison custody – inquests for police forces and the Home Office / Prison Service.
  • Employment – all areas of employment law for police forces.
  • Judicial review – arising out of the decisions and actions of police forces.

Recent Police cases:

Andrew is currently representing Sheffield Wednesday Football Club in the Hillsborough inquests.

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 investigating officer’s 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.

X v Sir John Stevens (Commissioner Metropolitan Police Service) – Availability of restricted reporting orders to a transsexual seeking anonymity during sex discrimination proceedings.

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.

Recent Public/Administrative Law cases:

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 Authority rather than by the Metropolitan Police Department of Professional Standards.

Bates v Chief Constable of Avon & Somerset – legality of search warrants especially where privileged material is sought.

 

Public / Administrative Law:

Andrew regularly appears in the Administrative Court on behalf of the police forces on issues ranging from search warrants, discipline, human rights, and inquests.

 

Inquests

Andrew has considerable experience of representing police forces and the Home Office / Prison Service arising out of deaths in custody.

 

Employment Law:

Andrew represents and advises police forces on the full range of employment issues that impact on them from discrimination claims to whistle-blowing cases.

 

Public Inquiries

Andrew represented Cambridgeshire Constabulary at the Bichard 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.

Lectures:

Andrew has provided training to police forces and Force Solicitors on many areas including police discipline and human rights.

Education:

Bar School 1987

Bristol Polytechnic 1983 -1986

Lord Wandsworth College

Interests:

Triathlon, mountain biking and cooking (to fuel the first two interests).