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H. AGAINST THE UNITED KINGDOM

Doc ref: 9580/81 • ECHR ID: 001-55463

Document date: December 9, 1988

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H. AGAINST THE UNITED KINGDOM

Doc ref: 9580/81 • ECHR ID: 001-55463

Document date: December 9, 1988

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 judgments of the European Court of Human Rights

in the case of H against the United Kingdom, delivered on 8 July 1987

and 9 June 1988 and transmitted the same days to the Committee of

Ministers;

Recalling that the case originated in an application against the

United Kingdom of Great Britain and Northern Ireland lodged with the

European Commission of Human Rights on 3 September 1981 under

Article 25 (art. 25) of the convention by Mrs H, a British citizen,

who complained inter alia of the length of proceedings dealing with

access to her child, who was in public care, and with the child's

adoption, alleging the violation of Article 6, paragraph 1, and

Article 8 (art. 6-1, art. 8) of the convention;

Recalling that the case was brought before the Court by the Commission

on 28 January 1986;

Whereas in its judgment of 8 July 1987 the Court held:

- unanimously, that Article 6, paragraph 1 (art. 6-1), was applicable

in the present case;

- unanimously, that Article 6, paragraph 1 (art. 6-1), had been

violated;

- by sixteen votes to one, that Article 8 (art. 8) had also been

violated;

- unanimously, that the question of the application of Article 50

(art. 50) of the convention was not ready for decision;

Whereas in its judgment of 9 June 1988 the Court, having taken note of

a friendly settlement reached by the Government of the United Kingdom

and the applicant concerning the latter's claim for costs and expenses

and having found that the settlement was of an equitable nature,

decided unanimously to strike the case out of its list as far as the

applicant's claim for costs and expenses was concerned;

Whereas under the above-mentioned friendly settlement it was agreed

that the Government of the United Kingdom would pay to the applicant,

in full and final satisfaction of her claim for costs and expenses,

the sum of £5 229.05, less the amounts received by her from the

Council of Europe by way of legal aid;

Whereas in the same judgment of 9 June 1988 the Court unanimously:

- held that the United Kingdom was to pay to the applicant the sum of

£12 000 for non-pecuniary damage;

- rejected the remainder of the claim for just satisfaction;

Having regard to the Rules adopted by the Committee of Ministers

concerning the application of Article 54 (art. 54) of the convention;

Having invited the Government of the United Kingdom to inform it of

the measures which had been taken in consequence of the judgments,

having regard to its obligation under Article 53 (art. 53) of the

convention to abide by them;

Having satisfied itself that the Government of the United Kingdom has

paid to the applicant the sums provided for in the judgment of

9 June 1988 and in the friendly settlement referred to therein,

Declares that it has exercised its functions under Article 54

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

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