Search
document

Document text Analytics

CASE OF BOYLE AGAINST THE UNITED KINGDOM

Doc ref: 16580/90 • ECHR ID: 001-55597

Document date: September 21, 1994

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 0

CASE OF BOYLE AGAINST THE UNITED KINGDOM

Doc ref: 16580/90 • ECHR ID: 001-55597

Document date: September 21, 1994

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgment of the European Court of Human

Rights in the case of Boyle against the United Kingdom delivered on

28 February 1994 and transmitted the same day to the Committee of

Ministers;

Recalling that the case originated in an application against

the United Kingdom lodged with the European Commission of Human

Rights on 5 October 1989 under Article 25 (art. 25) of the

Convention by Mr Terence Boyle, a British national, who complained

of the refusal by the local authorities to allow him access to his

nephew placed in care, and of the absence of any possibility,

before the entry into force of the Children Act 1989, of applying

to the courts for access;

Recalling that the case was brought before the Court by the

Commission on 7 April 1993;

Whereas in its judgment of 28 February 1994 the Court, after

having taken formal note of a friendly settlement reached by the

Government of the United Kingdom and the applicant and having found

that there were no reasons of public policy justifying the

continuation of the proceedings, decided unanimously to strike the

case out of its list;

Whereas under the above-mentioned friendly settlement it was

agreed that:

"a. the government will make an ex-gratia payment of

15 000 pounds sterling to the applicant plus his reasonable legal

costs in bringing the application;

b. the government note that the Children Act 1989 received

Royal assent on 16 November 1989 and came into force on

16 November 1991. Section 34 (3) confers on any person who has

obtained the leave of the court to make an application, the

possibility of having the question of contact between the child

placed in local authority care and that person determined by a

court in proceedings complying with Article 6, paragraph 1

(art. 6-1), of the Convention;

c. the government regret that, prior to the entry into force

of Section 34 (3) of the Children Act 1989 on 16 November 1991, the

applicant had no statutory right to apply to the court for contact

with his nephew;"

Recalling that Rule 49, paragraph 3, of the Court's Rules

provides that the striking out of a case shall be effected by means

of a judgment which the President shall forward to the Committee of

Ministers in order to allow it to supervise, in accordance with

Article 54 (art. 54) of the Convention, the execution of any

undertakings which may have been attached to the discontinuance or

solution of the matter;

Having satisfied itself that on 14 February 1994 the

Government of the United Kingdom has paid to the applicant the sum

of 15 000 pounds sterling provided for in the friendly settlement

and the sum of 3 790 pounds sterling for costs and expenses,

Declares that it has exercised its functions under Article 54

(art. 54) of the Convention in this case.

LEXI

Lexploria AI Legal Assistant