CONNORS v. THE UNITED KINGDOM JUDGMENT
33
21 February 1986, Series A no. 98, § 85; A. v. the United Kingdom,
no. 35373/97, ECHR 2002-X, §§ 112-113). The applicant’s complaints
related in essence to the exemption conferred on local authority gypsy sites
by the Mobile Homes Act 1983.
110. The Court thus concludes that the facts of the present case disclose
no violation of Article 13 of the Convention.
VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION
111. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Damage
1. The parties’ submissions
112. The applicant claimed damages in respect of distress and suffering
experienced by himself and his family as a result of the eviction proceedings
and for the ongoing loss of access to educational facilities, recreational
facilities, medical and health services and basic sanitation and refuse
disposal occasioned by the eviction. He pointed out that the Cottingley
Springs site was the centre of their community and that he had known the
people there all their lives. The way in which the eviction was enforced,
involving several hours’ detention, caused him significant pain and stress
and the applicant and his family had serious difficulties in finding places to
station their caravans afterwards, repeatedly being threatened with eviction
and being moved on. The stress and uncertainty contributed to the
applicant’s wife’s decision to move into a house, thereby causing their
separation in May 2001 and a loss of daily contact with his children, who
have also had their education disrupted. The applicant claimed that a sum in
the range of GBP 100,000 would be appropriate.
113. The Government submitted that the applicant’s central complaint
was the lack of any power in the County Court to adjudicate on disputed
facts and protect him from eviction save on reasonable grounds. If such
adjudication had occurred, it was more than likely, in view of the
acknowledged nuisance caused by the applicant’s visitors, that the County
Court would have ordered the eviction anyway and the consequences would
have been the same. In their view a finding of violation would provide
sufficient just satisfaction, though if the Court considered a monetary award