FOURTH SECTION
DECISION
Application no. 41512/05
by Linda BERRY
against the United Kingdom
The European Court of Human Rights (Fourth Section), sitting on 29 May 2007 as a Chamber composed of:
MrJ. Casadevall, President,
SirNicolas Bratza,
MrG. Bonello,
MrK. Traja,
MrS. Pavlovschi,
MsL. Mijović,
MrJ. Šikuta, judges,
and Mrs F. Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 14 November 2005,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together.
Having regard to the formal declarations accepting a friendly settlement of the case.
Having deliberated, decides as follows:
THE FACTS
The applicant, Linda Berry, is a British national who was born in 1960 and lives in Falkirk. She is represented before the Court by Mr F. Maguire, a lawyer practising in Glasgow. The United Kingdom Government (“the Government”) were represented by their Agent, Mr D. Walton of the Foreign and Commonwealth Office, London.
The facts of the case, as submitted by the parties, may be summarised as follows.
On or about 2 November 2000 the applicant commenced proceedings in the Court of Session (Superior Court) against her employers, McCowans Ltd, alleging that she had sustained injury in the course of her employment
On 5 and 8 November 2002, a trial, known as a Proof (hearing of evidence) took place. The case was adjourned to 20 and 21 March and then again until May 2003. A continued proof was eventually held on 2 and 7 May 2003 with final submissions on 15 May 2003.
The judgment of the court was issued on 18 May 2005. During the intervening two years repeated representations were made on behalf of the applicant. She was informed that the judge was working on his opinion. At one stage she received an assurance that it would be typed up by the end of 16 February 2004. Her solicitors contacted the Deputy Principal Clerk of Session, the deputy official in charge of the administration of the court. He replied that the judge was on leave and that he would consult with him on his return. They also wrote to the Lord President, the senior judge in the Court of Session, who had ultimate responsibility for the administration of the court and the judges, asking him to expedite the issuing a judgment. No reply was received.
COMPLAINTS
The applicant complained under Article 6 of the Convention that there was unjustifiable delay on the part of the court in coming to a decision.
She complained under Article 13 of the Convention that there was no effective remedy for this complaint and under Article 14 that in personal injuries cases, unlike commercial actions, there was no case management system to ensure proper progress in issuing judgment.
THE LAW
On 11 April 2007 the Court received the following declaration from the respondent Government.
“I, Derek Walton, Agent of the Government of the United Kingdom, declare that the Government of the United Kingdom offer to pay GBP 6,200.18 (six thousand two hundred pounds and eighteen pence) inclusive of costs, expenses and VAT to Ms Linda Berry with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.”
On 28 April 2007 the Court received the following declaration from the applicant’s representative.
“I, Mr Frank Maguire, Solicitor at Thompsons Solicitors, note that the Government of the United Kingdom are prepared to pay the sum of GBP 6,200.18 (six thousand two hundred pounds and eighteen pence) inclusive of costs, expenses and VAT to Ms Linda Berry with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I accept the proposal and waive any further claims against the United Kingdom in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
The Court takes note of the agreement reached between the parties (Article 39 of the Convention). It is satisfied that the settlement is based on respect for human rights as defined in the Convention or its Protocols (Article 37 § 1 in fine of the Convention and Rule 62 § 3 of the Rules of Court).
Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
FatoşAracıJosep Casadevall
Deputy RegistrarPresident
Full & Egal Universal Law Academy