Fiona Murphy

Fiona specialises in representing individuals in private and public law litigation against the state, particularly those who seek to achieve accountability for misconduct by public officers.

With two decades of experience in this area she has been involved in a number of the key test cases and has extensive experience of achieving successful trial outcomes and substantial out-of-court settlements. She is particularly recognised for her work on behalf of victims of police misconduct but has also brought successful private and public law litigation against the Home Office, the Crown Prosecution Service, the Ministry of Justice and Ministry of Defence. Fiona has benefited from instruction by a diverse range of clients and is equally committed to acting on behalf of clients whose cases raise issues of maximum complexity (including deaths following police contact) and those clients who seek to challenge more routine abuses of state power.

In common with all the solicitors at Bhatt Murphy, Fiona’s practice benefits from the firm’s collaborative style which ensures that the creativity and innovation of the firm’s various specialists is brought to bear in individual cases.

Fiona is committed to legal education and to progressive change outside the courts. She has taught civil liberties lawyers under the auspices of the Legal Action Group for some 15 years and has contributed to policy debates at conferences in London, Belfast and Dublin. Her articles concerning police accountability have been published in the national media.

Her notable cases include the Court of Appeal guideline case on assessing compensation in police cases (Thompson), several six figure compensation awards against chief police officers, a successful challenge to the DPP for failing to prosecute police officers following an unlawful killing inquest verdict (O'Brien) and the successful conclusion of Babar Ahmad's contentious litigation against the Metropolitan Police Commissioner and resultant prosecution of the police officers concerned.

Fiona's recent cases include:

The resolution of a number of significant Human Rights Act, assault, false imprisonment and malicious prosecution claims against the police and Ministry of Defence. Details are not provided here by reason of client confidentiality.

Carmen Quiroga and family
On 29 January 2010 the High Court approved the financial settlement of £100,000 in respect of the unlawful detention of Carmen Quiroga and her 4 young children at Oakington Detention Centre for 42 days in 2004. Carmen and her children suffered appalling conditions of detention and sustained psychiatric injuries. On 1 October 2009, the Home Office admitted that they had falsely imprisoned the family.

R (on the application of Keith Lewis) v. HM Coroner for Mid and North Division of the County of Shropshire, Court of Appeal
The Court of Appeal found that in order to satisfy the requirements of Article 2 ECHR, inquests must identify system failings that might have prevented deaths in custody even where it can never be known whether the defects in the system would have prevented the death.

Babar Ahmad v The Commissioner of Police for the Metropolis, High Court
On 17 March 2009 the Commissioner made an unprecedented admission that his officers had subjected Mr Ahmad to a brutal, sustained and unprovoked physical assault, and agreed to pay £50,000 compensation including exemplary damages. The outcome was achieved on the second day of the High Court trial after determined legal work to achieve full disclosure including with regard to the disciplinary history of the relevant officers. Following the outcome of the civil proceedings and after judicial review proceedings had been threatened, the DPP was persuaded to re-consider the issue of criminal charges against the officers. Those officers faced trial for assault in June 2011 and were acquitted by the jury.

R (on the application of Keith Lewis) v. HM Coroner for Mid and North Division of the County of Shropshire, Court of Appeal
The Court of Appeal found that in order to satisfy the requirements of Article 2 ECHR, inquests must identify system failings that might have prevented deaths in custody even where it can never be known whether the defects in the system would have prevented the death.

Kenneth Hinds v. The Chief Constable of the British Transport Police, High Court 2009
Mr Hinds, the Chair of the Black Independent Advisory Group to the Metropolitan Police and community leader, was awarded £22,000 compensation and an apology in litigation against the British Transport Police for assault and battery, false imprisonment and malicious prosecution.

BXH, AXH & CXH v The Commissioner of Police for the Metropolis & The Crown Prosecution Service, High Court, December 2008
in which very substantial damages, apologies and a raft of alternative dispute resolution measures were agreed with the defendants shortly before trial. The claim included a novel claim under the Human Rights Act in respect of an alleged violation of the claimants' rights under Article 8 of the European Convention on Human Rights in respect of a failure to protect the anonymity of a child witness in criminal proceedings such that the child, his mother and her partner were forced to relocate under a witness protection scheme. The claim against the police was also advanced in negligence. The compromise included damages in respect of psychiatric injury, loss of earnings and disruption to the clients' lives.

Anonymous v The Chief Constable and another, High Court, April 2007
in which very substantial damages and an apology were agreed in respect of the repeated sexual assault of a young girl by a police officer and her professional carers. Damages were sought in respect of the negligent investigation by the police of the victim's allegations. The police and the relevant local authority made a payment of compensation and provided an acknowledgment of the suffering our client endured.

R (Hurst) v The Commissioner of Police for the Metropolis, House of Lords, March 2007
a House of Lords case concerning the requirement on the state to hold a public investigation in circumstances where the police failed to protect life and thereby exposed the deceased to a preventable homicide perpetrated by a third party. The judicial review ultimately failed before the House of Lords on the question as to whether the Human Rights Act applied to pre-Act deaths.

Anonymous v The Chief Constable of South Yorkshire, High Court, April 2006
in which very substantial damages and an apology were agreed in the Sheffield High Court in respect of the assault, false imprisonment and malicious prosecution of the claimant arising from an unlawful and racially motivated stop and search. The case raised novel and complex issues of causation in respect of the psychiatric illness developed by the claimant after these events and the level of damages achieved together with the apology, reflected acceptance on the part of the Chief Constable that his officers’ actions had caused the claimant severe mental health problems.

R (Coghlan) v The Chief Constable of Greater Manchester Police 2004
which declared that the Chief Constable had acted unlawfully in lifting an officer's suspension from duty and permitting him to retire and thereby escape the reach of a outstanding disciplinary inquiry.

Kerr and others v The Commissioner of Police for the Metropolis 2003
which achieved £182,000 damages in respect of intentional tort claims against the Commissioner.

O'Brien and others v The Commissioner of Police for the Metropolis 2002
which achieved £324,000 damages in respect of the restraint related death in police custody of Richard O'Brien.

Russell and others v The Home Office (The 'Whitemoor Escape Litigation') 2001
which achieved a domestic law declaration that there had been an Article 3 violation.

Jozana v The Commissioner of Police for the Metropolis and others 1998
which achieved £100,000 damages in respect of negligent treatment of a mentally ill young man in custody.

The Commissioner of Police for the Metropolis v Gerald 1998
in which the Court of Appeal reduced the £125,000 awarded to Mr Gerald by a jury at his original trial.

R v Ilett and others, ex parte DPP 1998
which successfully defended the (eventual) decision to prosecute officers in relation to the restraint related death of Richard O'Brien.

The Commissioner v Thompson, CA 1997
the guideline case on assessing damages in police cases.

Scafe v The Commissioner of Police for the Metropolis 1996
jury award of £125,000.

Brownbill v The Commissioner of Police for the Metroplis 1996
jury award of £150,000.

Fiona has given evidence to and/or been consulted by the European Committee on the Prevention of Torture, the United Nations, the Butler Inquiry, the Home Affairs Select Committee concerning Police Complaints & Discipline and the Middleton Report Reviewing Civil Justice and Legal Aid.

Fiona is a member of the Police Action Lawyers Group and Inquest Lawyers Group. She qualified as a solicitor in October 1992 and had gained 9 years experience in leading human rights practices in London and Boston, USA before establishing Bhatt Murphy with Raju Bhatt, Simon Creighton and Mark Scott in October 1998.

Fiona is a member of the board of trustees of Peer, an independent arts charity located close to the Bhatt Murphy's offices.