Case ongoing

Carolynn Gallwey’s Notable Cases

H v West Midlands Police [2023]:  significant award for damages for an assault by off duty police officer PC Oliver Banfield on a woman walking home at night.    The CPS initially determined that no action should be taken against Banfield but the victim exercised her rights under the Victims Right of Review, leading to him being charged.  He eventually pleaded guilty to assault.  He was not suspended from duty until his guilty plea but he then resigned, and a charge of gross misconduct was later found proved.

D v Commissioner of Police for the Metropolis [2023] DAMAGES

Joseph v Commissioner of Police for the Metropolis [2022]

Civil proceedings arising from a discriminatory stop and search of two black brothers in south London.  They had fist-bumped in greeting and passing TSG officers claimed to suspect this was might have been a drug deal, including because south London was well known for drug use and dealing.  An IOPC independent investigation had found no case to answer.  On day 4 of a 5 day trial the Commissioner agreed to compensate and apologise to the brothers.

Peart v Commissioner of Police for the Metropolis [2022]

Settlement of civil proceedings for a discriminatory stop and search and handcuffing of two black brothers in north London.  Passing officers claimed that they were behaving suspiciously and referred to local intelligence concerning drugs in the area, where no such intelligence was ultimately produced.  The officer who initiated the stop was later dismissed for exchanging racist WhatsApp messages with other colleagues in their unit.

Carr v G4S [2022] EWHC 3003 (KB)

Civil proceedings arising from the drugs related death of Andrew Carr in April 2018 at HMP Birmingham when it was being run by G4S. The inquest into his death was critical of G4S’ failure to stop or reduce the ingress of drugs into the prison.  G4S sought to strike out the civil claim on the basis inter alia that a private prison contractor cannot owe a general duty to protect life under Article 2 of the ECHR. That application failed on 7 November 2022 and the claim continues.

S v Hillingdon Borough Council [2022]

Settlement of civil proceedings for breach of the general Article 2 duty owed by the Defendant to young people attending a weapons awareness course, following a murder during such a course, on the basis that the Council were aware of a risk and did not mitigate this.

KHB v Chief Constable Lancashire Police [2022]

Admission of liability, apology and damages arising from a death in police custody in December 2016.  Kelly Hartigan-Burns had been found in the street in a distressed and highly vulnerable state, but was nonetheless arrested.  No account was taken of the known risk she faced upon arrest, or upon admission to custody, when she was treated with a total lack of respect or engagement.  She was found unresponsive within an hour or so of being locked in a cell and died the next day.  After a long battle for accountability by Kelly’s mother and brother, the Custody Sergeant who processed her was found guilty of gross misconduct and would have been dismissed had he not just retired, and an inquest jury returned a highly critical verdict in April 2022.

C v Hampshire Police [2022]

The Claimant was a child who was to be interviewed in respect of an allegation that was then not pursued.  His parents had arranged for him to attend for a voluntary interview, and he was given a lift by a police officer for that purpose, but was then arrested en route, where this was objectively unnecessary.  A settlement was agreed and records of the arrest deleted.

S v MoJ [2022]

The latest in a series of settlements against G4S and/or the MOJ concerning assaults on child detainees in Medway Secure Training Centre.  This case concerned an assault on a girl, which took place after the contract to G4S was removed.  A settlement was achieved.

R v HMCTS [2022]

The Court Service failed to inform the YOI where our vulnerable client was detained that bail had been granted, leading to him being unlawfully detained for an extra 4 days.  Settlement was achieved.

H v Chief Constable West Midlands Police [2022]

Ongoing civil proceedings on behalf of a woman randomly and traumatically assaulted by an off duty police officer – he threatened her with arrest and attempted to apply a neck hold and to throw her to the ground.  The assault case was initially rejected by the CPS and only pursued when H exercised her rights under the VRR.  The officer was not suspended until he pleaded guilty, although he had been charged some months prior.  He was dismissed after sentencing.

Jason Lennon, deceased [2022]

Highly critical inquest verdict returned in relation to this death following unauthorised restraint by security guards combined with failures by East London Foundation NHS Trust to provide mental health care to a patient experiencing a mental health crisis.  Related civil proceedings are on-going.

R v Commissioner of Police for the Metropolis [2022

Ongoing civil proceedings arising from the unnecessary arrest and detention of a vulnerable 12 year old boy who was arrested from his home, taken away alone in a police van and detained in a cell late into the night, in relation to an allegation that was by then several months old and was subsequently abandoned.

Robert Gracey, deceased [2021]

Representing the family of a man who died under restraint by police where the IOPC has found no case to answer.

E v G4S and the YJB [2021]

Successful civil proceedings for assault and abuse by G4S guards at Medway Secure Training Centre (STC), which had been captured by an undercover Panorama investigation.

T v Chief Constable West Midlands Police [2021]

Significant damages obtained for a man forcibly restrained and hit multiple times in his home during a mental health crisis.  The IOPC had found no case to answer in misconduct.

S v Chief Constable of Suffolk Police [2021]

Significant damages obtained for a woman arrested and charged with affray and denied bail following a mental health crisis.  The IOPC had found no case to answer in misconduct.

E v Commissioner of Police of the Metropolis [2021]

Damages and an apology obtained for female victim of unlawful and discriminatory stop and search which included a strip search.  The IOPC had found no case to answer for misconduct.

A child v Chief Constable Northamptonshire Police [2021]

Successful civil proceedings arising out of the arrest and detention overnight in a cell of an 11 year old child.  The Defendant settled the case but refused to apologise.  The IOPC had found no case to answer in misconduct.

C v Commissioner of Police of the Metropolis [2021]

Damages obtained following an unlawful and targeted stop and search which included the use of CS spray and a strip search.  Three separate complaint investigations found no case to answer.

Roberts and others v G4S and the YJB [2021]

Another successful group action for assault brought by former detainees at Hassockfield STC against Serco and the Youth Justice Board, this time for historical abuses.

Thompson & Ors v London Borough of Bromley (unreported) Central London County Court, 23 February 2021

Success at trial in a case arising from the Defendant’s failure to protect a vulnerable man who had been referred for out of hours mental health assistance.  Damages for breach of Article 2, and a substantial part of costs, were awarded on indemnity basis.

H v MoJ [2020]

Successful civil proceedings arising from abuses by a prison officer.

G v A Chief Officer [2020]

Successful civil proceedings arising from the wrongful arrest of a victim of domestic violence.

H v MOJ [2020]

Successful civil proceedings for prison inmate assaulted by guard.

C v an NHS Trust [2020]

Successful damages claim following an inquest by family of woman who received inadequate mental health care.

P v A Chief Officer [2018]

Ongoing civil proceedings arising from the 40 hour detention of a child in a cell.

Gilly v Chief Constable Staffordshire Police [2017 and 2020]

Civil claims and independent IPCC investigations into the circumstances of two failed prosecutions of the Claimant, both of which led to awards of damages.

Moss and others v G4S and the YJB [2019]

A successful group action for assault brought by a group of children detained at Medway STC; one of three group actions against the Youth Justice Board, G4S and/or Serco.

S v Commissioner of Police for the Metropolis [2019] 

Successful complaint and civil claim for assault on 14 year old boy by school liaison officer. Officer acquitted of assault but found guilty of misconduct at a hearing.

Wallace v Chief Constable of Nottinghamshire Police [2019]

A complaint and civil claim for assault on a heavily pregnant detainee for discrimination, false imprisonment, misfeasance and breaches of HRA, which led to substantial damages, an apology and gross misconduct proceedings, and also included a damages claim against the IPCC for failing to properly investigate.

S v A Chief Officer [2017]

Settlement achieved under Art 3 HRA for a failure to investigate a rape allegation, in which two successive complaint investigations exonerated the officers concerned.

Calls for inquiry into historical adoption practices [2016-21]

Acted for a large group of birth parents and adopted adults in calling for the government to convene a public inquiry into adoption practices before the early 1980s.

M v A Chief Officer [2016]

A civil claim and complaint arising from the failure of a schools liaison officer to record, report or investigate a sexual offence against a child. Settled for damages and an apology.

Adam Withers, deceased [2016]

An inquest and civil proceedings arising from the death of a young man in mental health detention, which has led, among other things to an HSE prosecution of the Trust.

Rowe v Chief Constable of Cambridgeshire [2016]

A claim for assault, false imprisonment, malicious prosecution and racial discrimination, which resulted in a financial settlement.

CLG v Chief Constable of Merseyside [2013 and 2016]

Court of Appeal case in negligence and/or breach of Article 8 arising from failure to protect vulnerable witnesses.

McCarthy v Commissioner of Police for the Metropolis [2014, 2015 and 2017]

Settlements achieved in three separate sets of civil proceedings brought by a member of Irish Traveller community, for false imprisonment, malicious prosecution, discrimination and data breaches.

B v A Chief Officer [2016]

A complaint and civil claim for failure to investigate disclosures by child victim of sexual abuse and for failure to protect her and her family, resulting in substantial damages, an apology and other restorative measures. Police officer acquitted of criminal charges of misconduct, gross misconduct proceedings pursued.

Horner v Commissioner of Police for the Metropolis [2015]

Settlement achieved following assault and misfeasance by officers inadvertently recorded giving false account of detention. Police officer convicted of ABH and sentenced to 8 months.

Jan McLean, deceased [2015]

death in custody, where the family received damages where there had been failures to pass on crucial information
about the deceased.

Kingsley Burrell, deceased [2015]

High profile death in custody which went to a full 6 week inquest, returning a highly critical inquest verdict. Followed by an admission of liability for breaches of Articles 2 and 8 of the HRA and in negligence, and damages. Officers charged with perjury in connection with evidence given at inquest.

Rafal Delezuch, deceased [2015]

Restraint related death inquest, resulting in award of damages.

X v A Chief Officer [2014]

Claim for failure to investigate/apprehend a stalker over many years, leading to a settlement of substantial damages.

G v Chief Constable Hampshire Police [2014]

Claim under Article 3 of HRA for failure to investigate sexual assault, leading to a financial settlement.

Taiwo & Others v Chief Constable Avon and Somerset Police [2014]

Civil claim and complaint for racist failure to investigate an assault, leading to substantial settlement, admissions of breach of Article 3 and discrimination, and ground-breaking package of measures of redress.

O & others v MOJ [2014]

Group action for assault brought by child detainees in privately run Secure Training Centre, where force was routinely used to enforce good order in contravention of Rules, leading to award of damages to each of them.

Contact a member of the Bhatt Murphy team today