Toby Wynn

Toby Wynn

Called to the Bar 1982/Grays

Recorder (Crime (class 2) and Civil). 

Legally Qualified Chair for NW Police region.

Education
  • LLB (Hons) University College London
  • Arden Scholar of Grays Inn and recipient of the Hilbery Award.

 

Area of Practice: Police Law

 

Described in Legal 500 as : “approachable Toby Wynn is the circuit expert on police law” and included in Chambers ‘Leaders at the Bar’ in respect of Police Work. Vast experience of all aspects of misfeasance claims against the police. Regularly instructed by five police forces. Has conducted more than 80 civil jury trials. Many employer’s liability claims, including numerous High Court Actions. Instructed in many claims and inquests arising from deaths in custody including three separate suicide claims and deaths of persons in transit, whilst in police custody. Involved in many claims concerning Police liability for negligence. Advised and conducted mediation hearings. Experienced in disciplinary proceedings both as acting for the appropriate authority and Counsel to the Panel.  Experienced in all aspects of Judicial Review arising from policing matters.

Expert on all aspects of disclosure and confidentiality.  Co-author of Confidentiality a Practitioner’s Guide (Sweet and Maxwell).  Author of 3 police law related Westlaw Insight Articles.

Advised in relation to Data Protection, protection of informer’s identity, use of surveillance material and intercepted telephone calls, disclosure following complaint investigations by the IPCC, and seizure and use of legally privileged material. Acted as Independent Counsel in major criminal investigations involving the execution of search warrants at solicitors’ offices.

Acted for Defendant Public Authorities in relation to claims under the Disability Discrimination Act and the Equality Act.  Represented Northumbria Police in the leading case of Finnigan v The Chief Constable of Northumbria Police. 

Reported Cases

  • Swinney v Northumbria Police – police duty of care/immunity
  • Hardaker v Northumbria Police – duty of care owed by rescuers
  • Oliver v Calderdale MBC – right to jury trial in false imprisonment/malicious prosecution cases
  • Bannister v SGB Plc & Others – Ord 17r11
  • Cummings & Ors v The Chief Constable of Northumbria Police – Leading case on reasonable grounds to suspect
  • Scott v The Chief Constable of South Yorkshire Police – Police duty of disclosure in relation to unsubstantiated complaints
  • Finnigan v The Chief Constable of Northumbria Police – Equality act claim against the police for failure to make reasonable adjustments when executing a search warrant at a deaf suspect’s home.

 

Lectures/Seminars

Regularly lectures to the professions.

Recent topics include:

Limitation, Fatal Accident Claims, Recent developments in Police Law, Disclosure in Police Civil Claims, Police Duty of Care and the Immunity Defence, Confidentiality in Psychiatric Practice, Sexual Offences Prevention Orders, The disclosure of Electronic Documents, Personal Injury Updates, Police Negligence Actions, Policing Public Disorder, Enhanced Criminal Records Certificates, Equality Act claims against Public Authorities.

Publications

Author of “Confidentiality and Disclosure: A Practitioner’s Guide” (Sweet & Maxwell).

Police Negligence Claims (Westlaw insight article)

Police Appeal Tribunals (Westlaw Insight article)

Equality Act Claims Against the Police (Westlaw insight article)

Practice Summary
His advocacy, cross-examination and technical advice is excellent.” (Chambers and Partners 2017)

“He has a great legal brain” (Legal 500 2017)

Regularly presents, defends, and acts as legal adviser to Police disciplinary panels.   Represented police forces and individual officers at numerous coroner’s inquests.   Experienced in all aspects of Judicial Review proceedings.

Areas of Expertise

Expert on all aspects of disclosure and confidentiality.  One of only three Counsel outside London recommended for Police Law by the legal 500 and the only one on the North Eastern Circuit.   Defendant Public Authorities in relation to claims under the Disability Discrimination Act and Equality Act.

  • Scott v The Chief Constable of South Yorkshire Police [2006] EWCA Civ 598 – Police duty of disclosure in relation to unsubstantiated complaints
  • Swinney and another v Chief Constable of Northumbria Police Force [2003] EWCA Civ 1844  – police duty of care/immunity
  • Cummings & Ors v The Chief Constable of Northumbria Police [2003] EWCA Civ 1844  – Leading case on reasonable grounds to suspect
  • Hardaker v Northumbria Police – duty of care owed by rescuers
  • Oliver v Calderdale Metropolitan Borough Council [1999] All ER (D) 662 – right to jury trial in false imprisonment/malicious prosecution cases
  • Bannister v SGB Plc & Others; and other cases [1997] 4 All ER 129 – Ord 17r11.
Notable Cases

Within the last 12 months : Acted for South Yorkshire Police in relation to a claim for catastrophic injuries sustained during an arrest.  Potentially the largest ever personal injury claim against a police force.

Successfully defended Northumbria Police in relation to two separate claims brought by deaf detainees under the Equality Act.

Acted as Independent Counsel in respect of several police raids on Solicitor’s premises.

Publications/Articles

Co-Author of Disclosure and Confidentiality  – A Practitioner’s Guide, Sweet and Maxwell.

Lectures/Seminars

Claims in relation to the provision of Enhanced Criminal Record Certificates