34
CONNORS v. THE UNITED KINGDOM JUDGMENT
was merited, they considered such should be not more than 5,000 euros
(EUR).
2. The Court’s assessment
114. The Court notes that it is not possible to speculate as to what would
have been the outcome if a form of security of tenure had applied to the
applicant’s occupation of a pitch at the Cottingley Springs site. Nonetheless,
the applicant was denied the opportunity to obtain a ruling on the merits of
his claims that the eviction was unreasonable or unjustified. In addition, he
suffered non-pecuniary damage through feelings of frustration and injustice.
The Court thus concludes that the applicant sustained some non-pecuniary
damage which is not sufficiently compensated by the finding of a violation
of the Convention.
115. Deciding on an equitable basis, it awards the applicant the sum
EUR 14,000.
B. Costs and expenses
116. The applicant claimed a total of GBP 18,781.96 for legal costs and
expenses, including GBP 5,370 for solicitors’ costs (at an hourly rate of
GBP 150) and GBP 11,867.51 for counsel’s fees, inclusive of value added
tax (VAT).
117. The Government considered that the solicitor’s hourly rate was
excessive and that a rate of GBP 100 would be more appropriate. They did
not challenge counsel’s hourly rate of GBP 90 but considered that the
number of hours charged (114.5) was excessive bearing in mind the time
also spent by solicitors and relative lack of complexity of the legal issues.
They proposed that 30 hours for counsel’s time and attention, namely
GBP 2,700, would be more reasonable.
118. The Court observes that counsel entered the application at a
relatively late stage, after the case had been declared admissible and in these
circumstances seeing some force in the Government’s objection to the
amount of hours claimed, has reduced the sum claimed by approximately
one quarter. It does not find the sum claimed by the solicitor unreasonable
as to hours claimed or quantum overall. In conclusion, taking into account
the subject-matter and procedure adopted in this case, together with
deduction of the amount of legal aid granted by the Council of Europe, the
Court awards, for legal costs and expenses, the sum of EUR 21,643,
inclusive of VAT.