Andrew Warnock KC

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 (2024, Court of Appeal, Supreme Court)
  

  Concerns the application of the illegality defence where the claimant killed 3 people but was acquitted of murder due to insanity. Andrew represents Devon County Council, who provided mental health services. The case is going to the Supreme Court.

• Tindall v Chief Constable of Thames Valley Police (2024, Court of Appeal, Supreme Court)
  

  Andrew represented the Chief Constable in this case, which concerns whether police officers who attended a road traffic accident caused by ice and assisted the victim owed a duty of care to future users of the road to make the road safe.

• Archer v Commissioner of Police of the Metropolis (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.

• 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.

• 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