Contact Us

5 Essex Court
Temple, London, EC4Y 9AH
Phone: 020 7410 2000
Email: clerks@5essexcourt.co.uk

Practice Areas

Police Law; Public-Administrative Law; Inquests; Public Inquiries



Andrew Waters

YEAR OF CALL 1987

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

  • Andrew Waters is ‘an excellent advocate who is completely unflappable.’ Chambers and Partners 2010
  • Andrew Waters is ‘a formidable presence at jury trials who is “remarkably skilful at cross-examining both lay and expert witnesses.”’ Chambers and Partners 2009
  • Andrew Waters is ‘conversant with all levels of civil actions for false imprisonment, assault and malicious prosecution, “he has solid insight and an excellent grasp of the key issues.”’ Chambers and Partners 2009
  • Andrew Waters is ‘excellent with witnesses, he never fails to deliver and is always an excellent advocate.’ Chambers and Partners 2008

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:

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).