Andrew Warnock KC

Andrew Warnock KC

Call: 1993 Silk: 2012

"He is master of law and the facts. "

Chambers & Partners 2024

Andrew Warnock KC is a highly experienced advocate with a track record of successful advocacy in the Supreme Court, Court of Appeal the High Court and public inquiries.

Andrew regularly represents clients in sensitive, complex and high profile cases. He has a particular expertise in duty of care issues and his practice encompasses personal injury, professional liability, Human Rights Act claims and contractual issues.


Expertise

Andrew has a particular specialism in cases involving duty of care issues. He is regularly instructed in cases which are sensitive, complex and high profile or involve catastrophic injuries. He is regularly instructed in claims involving non-recent child abuse and has represented a range of educational, religious, governmental and commercial organisations, including representing the BBC in the claims arising out of the Jimmy Savile affair. He is often instructed in cases which raise a novel point of law, including in the Court of Appeal and Supreme Court in cases in which he was not involved at first instance. Andrew was awarded the prestigious title of Chambers & Partner Personal Injury Silk of the Year in 2020.

Notable Personal Injury cases


Lewis-Ranwell v G4S and others (2022, High Court).

On-going case concerning the application of the illegality defence to a personal injury claim where the claimant killed 3 people but was acquitted of murder due to insanity.

Tindall v Chief Constable of Thames Valley Police (2022, Court of Appeal).

Successfully represented the defendant in a claim brought by the estate and dependants of a man killed in a road traffic accident caused by ice, who alleged that the police owed a duty of care to make the road safe following their attendance at another accident at the same location 30 minutes earlier.

Pawley v Petrie Tucker and Partners Ltd (2021, Court of Appeal)

Acted for a dental practice in a case concerning whether there was jurisdiction under the Civil Procedure Rules to join a defendant to a personal injury claim against the Claimant’s will.

James-Bowen v Commissioner of Police of the Metropolis [2018] Supreme Court

Successfully represented the Commissioner in the Supreme Court in this case concerning whether employers owe a duty of care to their employees in the way in which they conduct litigation.

Piepenbrock v London School of Economics [2018], High Court

Defended the LSE in a £multi-million claim for occupational stress brought by a former lecturers, arising out of a harassment complaint.

Aston Hall litigation.

Acted for the Secretary of State in devising a settlement scheme in respect of multiple claims brought by former patients of a paediatric psychiatric unit.

Andrew is recognised as one of the leading police silks in the country in the Best Lawyers United Kingdom 2023. He regularly advises represents police force in complex and sensitive claims, as demonstrated by the examples below.

Notable Police Law cases


Tindall v Chief Constable of Thames Valley Police (2022, Court of Appeal).

Successfully represented the police in a claim brought by the estate and dependants of a man killed in a road traffic accident caused by ice, who alleged that the police owed a duty of care to make the road safe following their attendance at another accident at the same location 30 minutes earlier.

Archer v Commissioner of Police of the Metropolis (2021 Court of Appeal)

Successfully defended a challenge under the Human Rights Act 1998 to the lawfulness of police powers to detain juveniles in custody under the Police and Criminal Evidence Act 1984.

Hillsborough Victims Misfeasance Litigation (2021)

Represented the chief constables of South Yorkshire and West Midlands police in the negotiation of a settlement scheme for the resolution of 600 claims arising out the Hillsborough football stadium tragedy.

James-Bowen v Commissioner of Police of the Metropolis [2018] Supreme Court

Successfully represented the Commissioner in the Supreme Court in this case concerning whether chief constables owe a duty of care not to settle litigation if doing so would affect the reputation of particular police officers.

Andrew has acted in many cases involving alleged negligence or breach of duty by solicitors, surveyors and construction professionals over the course of his career. Recent examples include:

Notable Professional Negligence cases


Stoffel v Grondona (Supreme Court, 2020).

Successfully represented the Respondent client in a claim arising out of a negligently conducted conveyancing transaction where there had been mortgage fraud. The issue concerned the applicability of the illegality defence.

Miller v Irwin Mitchell (2022) (judgment pending)

Represented a leading personal injury law firm in the High Court in a claim concerning the existence and scope of a retainer or duty of care arising out of a call to a legal helpline.

Alexander House (on-going)

Representing a housing association in a claim against contractors and construction professionals arising out of allegedly defective cladding.

Andrew has often represented police and local authority clients at inquests over his career, bringing to bear his expertise on public sector duties and his huge experience in handling sensitive cases. Most recently he has been representing clients at two high profile public inquiries.

 

Notable Inquests & Inquiries cases


Manchester Arena Inquiry

Representing and advising the Greater Manchester Fire and Rescue Service. The inquiry is examining the emergency response on the night of the terrorist bombing which killed 22 members of the public, including children.

The Grenfell Tower Inquiry

Representing and advising the Commissioner of the Metropolitan Police in the inquiry into the disaster in which 72 people died in the tower block fire.

Andrew has a particular specialism in cases involving duty of care and human rights issues. He is regularly instructed in cases which are sensitive, complex and high profile. He is frequently instructed in claims involving non-recent child abuse and has represented a range of educational, religious, commercial and governmental bodies, including the Secretary of State for Health and Social Care. He has particular experience of claims involving education, social services, highway authorities and police forces, including claims for alleged misfeasance.  He is often instructed in cases which raise a novel point of law, including in the Court of Appeal and Supreme Court in cases in which he was not involved at first instance.

 

Notable Public Sector & Human Rights cases


Lewis-Ranwell v G4S and others (2022, High Court, on-going).

Acting for a social services authority in a claim brought by a patient who killed 3 men during an episode of psychosis associated with schizophrenia.

Tindall v Chief Constable of Thames Valley Police (2022, Court of Appeal).

Successfully represented the defendant in a claim brought by the estate and dependants of a man killed in a road traffic accident caused by ice, who alleged that the police owed a duty of care to make the road safe following their attendance at another accident at the same location 30 minutes earlier. The case concerned the liability of public authorities for omissions and is an important authority in that area.

Archer v Commissioner of Police of the Metropolis (2021 Court of Appeal)

Successfully defended a challenge under the Human Rights Act 1998 to the lawfulness of police powers to detain juveniles in custody under the Police and Criminal Evidence Act 1984.

Sumner v Colborne [2018] EWCA Civ 1006

Successfully represented the highway authority in this case which considered whether owners of property abutting the highway owe a duty of care to road users to maintain vegetation so as to preserve highway sight-lines.

James-Bowen v Commissioner of Police of the Metropolis [2018] Supreme Court

Successfully represented the Commissioner in the Supreme Court in this novel case concerning whether a chief constable owes a duty of care to police officers for whom she is vicariously liable when settling litigation involving allegations against them.

Aston Hall litigation.

Acted for the Secretary of State in devising a settlement scheme in respect of multiple claims brought by former patients of a paediatric psychiatric unit for allegedly abusive treatment.

Lugano Ltd v Northumberland County Council (2019)

Successfully defended two councillors and a chief executive in a claim for alleged misfeasance in public office brought by a property development company. This was a very high profile claim locally, arising out of the developer’s controversial desire to build a new garden village in Green Belt land. The developer alleged that councillors and officials had misused their powers to prevent the development going ahead, an allegation which was hotly denied. The claim was for over £10 million. The Claimant discontinued after service of a strike out application

Recent News


Regulated by the Bar Standards Board (BSB)

Regulated by the Bar Standards Board (BSB) and holds a current practising certificate. To see my privacy notice click here.

  • Inns of Court School of Law, London
  • Sidney Sussex College, Cambridge University
  • Cookstown High School, Co. Tyrone, Northern Ireland

  • Recorder (part time judge), Midland Circuit, civil
  • Governing Bencher of the Inner Temple

  • Chambers & Partners Personal Injury Barrister of the Year 2020

  • Tindall v Chief Constable of Thames Valley Police (Court of Appeal, 2022). Successfully represented the police in a claim brought by the estate and dependants of a man killed in a road traffic accident caused by ice, who alleged that the police owed a duty of care to make the road safe following their attendance at another accident at the same location 30 minutes earlier.
  • Archer v Commissioner of Police of the Metropolis (Court of Appeal, 2021). Successfully defended a challenge under the Human Rights Act 1998 to the lawfulness of police powers to detain juveniles in custody under the Police and Criminal Evidence Act 1984.
  • Stoffel v Grondona (Supreme Court, 2020). Successfully represented a solicitor’s client in a claim arising out of a negligently conducted conveyancing transaction where there had been mortgage fraud. The issue concerned the applicability of the illegality defence.
  • Wells v Devani (Supreme Court, 2019). Successfully represented an estate agent in a claim concerning contractual certainty, formation and interpretation of contracts and implied terms.
  • Summer Colborne (Court of Appeal, 2019). Successfully represented a highway authority in an appeal concerning whether owners of land abutting a highway owe a duty of care to road users to maintain vegetation so as to preserve sight lines.
  • National Westminster Bank v Lucas (Court of Appeal, 2014). Representing the BBC in negotiating a scheme to settle claims of sexual abuse by Jimmy Savile and in related court proceedings.
  • Edwards v London Borough of Sutton (Court of Appeal, 2014). A leading authority on the duty of occupiers’, arising out a claim where a man fell off an ornamental bridge and suffered spinal injuries.
  • Manchester Arena Inquiry. Currently representing the Greater Manchester Combined Authority and the Greater Manchester Fire and Rescue Service at the public inquiry into the terrorist outrage at the Manchester Arena which in which 22 people died.

"Andrew’s attention to detail is second-to-none. He picks up complex cases with relative ease and quickly understands all the issues. His advice throughout is simple, sound and clearly reasoned. His advocacy at court is fantastic and a joy to watch."

Legal 500 2024

"Andrew is, or should be, the first port of call for complex personal injury cases, especially those with multiple parties, or a notable historic element."

Legal 500 2023

"He has an incredibly measured and thorough approach to everything - very valuable when it comes to public inquiries"

Chambers & Partners 2023

"On his feet, he thinks two steps ahead."

Chambers & Partners 2023

"Andrew is intellectually brilliant, personable and unflappable."

Chambers & Partners 2023

"He is quite simply in my opinion the brightest and best silk dealing with duty of care and Human Rights Act issues insofar as they impact upon the police"

Legal 500 2023

"He delivers clear and practical advice"

Legal 500, 2022

"A good strategist who is able to assimilate large amounts of information and is liked by insurers and clients"

Legal 500, 2022

"He is very quick to respond and forensic in his analysis "

Chambers & Partners, 2022

"A determined yet calm silk"

Legal 500, 2022

"A really brilliant barrister whose advocacy at a high level was very impressive. He is excellent on the interface of public law and tort law"

Chambers & Partners, 2022

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