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.

Her notable cases include:

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 senior member of the Police Action Lawyers Group and Inquest Lawyers Group.

Fiona is a founding director of British Irish Rights Watch, a non governmental organisation concerned with human rights in Northern Ireland.

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.