Fiona Murphy

Fiona Murphy specialises in complex and serious private law claims against the state. She is also an experienced public lawyer.

Fiona has been involved in many of the most serious claims against the police having secured several substantial damages awards. She is currently handling a number of catastrophic injury claims against the police and has particular expertise in representing victims of rape and sexual assault by police officers and those whose vulnerability to police misconduct has arisen through their own mental ill health. She has extensive experience in achieving compensation for those who have fallen victim to over zealous anti-terrorism operations.

Fiona is an experienced public and inquest lawyer and has successfully challenged the Director of Public Prosecutions for failing to prosecute police officers, Chief Officers for failing to respond lawfully to complaints against their officers and Coroners who have failed to carry out their responsibilities in respect of controversial (mostly custodial) deaths.

Fiona has achieved several out-of-court compromises in complex and serious private law litigation against the state in circumstances where anonymity and/or confidentiality have been appropriate.

Increasingly, Fiona has relied upon formal mediation and/or other alternative dispute resolution approaches to achieve a more meaningful resolution of the relevant dispute than can be achieved through the payment of compensation alone.

Her notable cases include:

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 2009
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 judicial review, the DPP has been persuaded to re-consider the issue of criminal charges against the officers and the Commissioner has undertaken a review of the case under the independent oversight of Sir Geoffrey Grigson QC.

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.

Fiona studied for her undergraduate law degree at the London School of Economics and obtained her post graduate legal qualification from the College of Law, Lancaster Gate. 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 the chair of trustees of Peer, an independent arts charity located close to the Bhatt Murphy's offices.