FOURTH SECTION
DECISION
Application no. 64368/16
Mark Richard SHUTTLEWORTH
against the United Kingdom
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 5 May 2022 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 4 November 2016,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr A. Rose, a lawyer practising in London with Mishcon de Reya LLP.
The applicant’s complaints under Articles 8 and 10 of the Convention concerning the bulk interception regime provided for by section 8(4) of the Regulation of Investigatory Powers Act 2000 were communicated to the United Kingdom Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against the United Kingdom in respect of the facts giving rise to this application, subject to an acknowledgement by the Government that, based on the leading case of Big Brother Watch and Others v. the United Kingdom ([GC], nos. 58170/13 and 2 others, 25 May 2021), the section 8(4) regime was not compliant with Article 8 of the Convention, or, in relation to the treatment of confidential journalistic material, Article 10 of the Convention, for the reasons identified by the Grand Chamber; and an undertaking by the Government to pay him the amount detailed in the appended table. This amount will be converted into pounds sterling at the rate applicable on the date of payment, 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 25 May 2022.
Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Articles 8 and 10 of the Convention
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for costs and expenses per application
(in euros)[1]
64368/16
04/11/2016
Mark Richard SHUTTLEWORTH
1973
Mr Adam Rose,
Mishcon de Reya LLP,
London
01/12/2021
28/03/2022
1,000
[1] Inclusive of any tax that may be chargeable to the applicant.