Case of European Court of Human Rights, September 23, 1997 (case Robins v. the United Kingdom)
|Resolution Date:||September 23, 1997|
Violation of Art. 6-1 Pecuniary damage - claim dismissed Non-pecuniary damage - claim dismissed Costs and expenses partial award - Convention proceedings
Information Note on the Court’s case-law No.
Robins v. the United Kingdom - 22410/93
Length of costs proceedings: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I. ARTICLE 6 § 1 OF THE CONVENTION
Proceedings to determine amount of costs payable by legally aided applicants after litigation between neighbours must be seen as continuation of substantive litigation and accordingly as part of determination of “civil rights and obligations”.
Delays of ten months owing to mistake on part of legal aid assessment authorities and sixteen months owing to inactivity by court staff, in context of proceedings lasting over four years to determine relatively straightforward dispute, were unreasonable.
Conclusion: violation (unanimously).
II. ARTICLE 50 OF THE CONVENTION
Pecuniary damage: no causal link established.
Non-pecuniary damage: finding of violation constitutes sufficient just satisfaction.
B. Costs and expenses: award of part of sum claimed.
Conclusion: respondent State to pay applicants specified sum for costs and expenses (unanimously).
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