SAADI v. THE UNITED KINGDOM JUDGMENT
29
satisfaction for the failure promptly to inform the applicant of the reasons
for his detention.
B. Costs and expenses
90. The applicant claimed costs and expenses before the Grand Chamber
of GBP 28,676.51 plus value-added tax (“VAT”), in addition to
GBP 15,305.56 for costs incurred before the Chamber.
91. The Government endorsed the approach taken by the Chamber under
Article 41. They considered the costs before the Grand Chamber to be
excessive, in particular the rate of GBP 200 per hour charged by each of the
two counsel and the number of hours claimed. If the Court were to find a
violation of Article 5 § 1, no more than GBP 10,000 should be allowed for
counsels' fees. If only a violation of Article 5 § 2 were found, only a small
proportion of the costs claimed should be awarded.
92. In connection with the Chamber costs, the Grand Chamber recalls
the Chamber's decision to award only EUR 1,500, since it had found a
violation of only Article 5 § 2 and since the major part of the work on the
case had been directed at establishing a violation of Article 5 § 1. The
Grand Chamber maintains this award in respect of the costs and expenses
incurred up to the delivery of the Chamber's judgment. Given that it, too,
has found only a violation of Article 5 § 2, and that almost the entirety of
the written and oral pleadings before it concerned Article 5 § 1, the Grand
Chamber awards a further EUR 1,500 in respect of the proceedings
subsequent to the Chamber's judgment of 11 July 2006, bringing the total
costs and expenses awarded to EUR 3,000 plus any VAT that might be
payable.
C. Default interest
93. The Court considers it appropriate that the default interest should be
based on the marginal lending rate of the European Central Bank, to which
should be added three percentage points.
FOR THESE REASONS, THE COURT
1. Holds by eleven votes to six that there has been no violation of Article 5
§ 1 of the Convention;
2. Holds unanimously that there has been a violation of Article 5 § 2 of the
Convention;