Martyn Fisher

Practice & Background

Martyn has over 25 years experience as a Criminal Defence lawyer. He qualified in 1988 and has represented in almost all types of cases. He was a partner at Sinclair Taylor and Martin in North Kensington between 1994 and 2003 when he was responsible for the Criminal law and Mental Health law departments.

Martyn began working for Birds as a Consultant in 2008, and is now employed as an in house solicitor. His practice involves him working as a key member of our Appeal team. He is instructed by clients nationwide seeking his advice and opinion on the merits of a potential appeal against conviction and/or sentence to the Court of Appeal, or an application to the Criminal Case Review Commission (CCRC). He regularly advises with regard to potential appeals against convictions for murder and other serious offences. He deals with many complex legal issues arising from the law on joint enterprise, disclosure, diminished responsibility, loss of control, identification, and hearsay.

Martyn was the Instructed Solicitor in Tahery v The UK Government, a leading case regarding the use of Hearsay evidence. In 2009, the European Court of Human Rights (ECHR) found in favour of Mr Tahery ruling his trial had been unfair in admitting hearsay evidence. The UK Government appealed the decision, and in 2011 the Grand Chamber of the ECHR (15 Judges) unanimously found in favour of Mr Tahery and ordered the UK government to pay damages to Mr Tahery.  An application to the CCRC was then made on Mr Tahery’s behalf. The CCRC agreed to refer the case to the Court of Appeal, and in 2013 the Court of Appeal ruled that Mr Tahery’s conviction for a S18 GBH offence was unsafe and quashed the conviction.

 

Martyn is a Court and Police Station Duty Solicitor. He frequently represents as a trial advocate in the Youth and Magistrates Courts.

Martyn was personally rated for his work as a Criminal Solicitor in the Super Lawyers Guide 2013 and 2015.

 

Significant & Reported Cases

Al Khawaja and Tahery v UK Government [2011] ECHR (Apps 26766/05 & 22228/06)

R v Tahery [2013] EWCA Crim 1053

R v Terry Ward [1991] TLR: Judicial Review of Brent Magistrates Court

R v AC & Others [2005] – Kingston Crown Court – Heathrow Gold Bullion Robbery.

R v W & Others: Multi- Million Carousel tax fraud.

R v Stewart, [2013] EWCA Crim: successful appeal re IPP.

 

Professional Memberships

Martyn is a member of the London Criminal Courts Solicitors’ Association (LCCSA), Amnesty International, Criminal Appeal Lawyers Association, and is a Duty Solicitor.

Education

Martyn obtained a BA (Hons) degree in Sociology from Sussex University.  He went on to complete the Solicitors Final Examination and CPE at the College of Law.

 

 

Full Biography (PDF)