FOURTH SECTION
DECISION
Application no. 2511/22
INDEPENDENT PRINT LIMITED and
EVENING STANDARD LIMITED
against the United Kingdom
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 23 March 2023 as a Committee composed of:
Branko Lubarda, President,
Tim Eicke,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 22 December 2021,
Having regard to the letters from the parties confirming friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr D. J. Price KC, a lawyer practising in London.
The applicants’ complaints under Article 10 of the Convention concerning the recoverability of success fees after proceedings were brought against them by claimants who had entered into a conditional fee arrangement were communicated to the United Kingdom Government (“the Government”).
On 16 February 2023 the applicants notified the Court that a friendly settlement had been reached. This was confirmed by the Government by letter dated 27 February 2023. Pursuant to the friendly settlement, the Government will pay the applicants the amount detailed in the appended table. This amount is inclusive of any tax that may be chargeable to the applicants and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above‑mentioned three-month period, the Government undertake to pay simple interest on it, from the 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.
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 the Protocols thereto 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 13 April 2023.
Viktoriya Maradudina Branko Lubarda
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 10 of the Convention
Application no.
Date of introduction
Applicant’s name
Year of
registration
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses
(in pounds sterling)[1]
2511/22
22/12/2021
INDEPENDENT PRINT LIMITED
2010
EVENING STANDARD LIMITED
2008
D. J. Price KC
London
27/02/2023
16/02/2023
502,000
[1] Inclusive of any tax that may be chargeable to the applicants.