FIRST SECTION
DECISION
Application no. 50718/16
L.V.
against the United Kingdom
The European Court of Human Rights (First Section), sitting on 14 May 2019 as a Committee composed of:
Aleš Pejchal, President,
Tim Eicke,
Raffaele Sabato, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 22 August 2016,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, L.V., is a British national who was born in 1963 and lives in Rhyl. The President granted the applicant’s request for her identity not to be disclosed to the public (Rule 47 § 4). She was represented before the Court by J. Wilson of Campbell Law Solicitors, a firm of solicitors based in Milton Keynes.
The Government of the United Kingdom (“the Government”) were represented by their Agent, Mr J. Gaughan of the Foreign and Commonwealth Office.
The applicant complained under Article 5 § 4 of the Convention about the two-stage review process applicable to persons, such as her, who had been transferred from prison to hospital under section 47 of the Mental Health Act.
On 18 February 2019 the Court received a copy of a friendly settlement declaration signed by the applicant. It provided that:
“I, the applicant in the above-mentioned case pending before the European Court of Human Rights, note the declaration of the Government of the United Kingdom whereby they are prepared to pay ex gratia to me, with a view to securing a friendly settlement of the case:
(a) GBP 2,500 (two thousand five hundred pounds) to cover any and all pecuniary and non-pecuniary damage, including any tax that may be due on that amount; and
(b) GBP 2,000 (two thousand pounds) plus VAT to cover any and all costs and expenses, including any tax that may be due on that amount.
These sums will be payable within three months from the date of notification of the decision taken by the Court to strike the application out of its list of cases. 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.
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 LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 6 June 2019.
Renata DegenerAleš Pejchal
Deputy RegistrarPresident
Full & Egal Universal Law Academy