ERGI JUDGMENT OF 28 JULY 1998
34
B. Costs and expenses
112. The applicant further requested the reimbursement of
GBP 20,624.60 for legal costs and expenses incurred in the preparation and
advancement of the case before the Convention institutions. Having
deducted the amounts received from the Council of Europe by way of legal
aid, he sought:
(a) GBP 16,450.24 in fees for the work carried out by his United
Kingdom-based representatives;
(b) GBP 1,625 for the work carried out by his Turkish representatives;
(c) GBP 306.66 for miscellaneous administrative costs;
(d) GBP 1,230 for research and support incurred by the Kurdish Human
Rights Project (KHRP);
(e) GBP 250 for a ballistics research report;
(f) GBP 417.70 for the costs of travel and subsistence and interpretation
in connection with the hearings in Turkey;
(g) GBP 345 for other interpretation and translation costs.
The applicant stated that the amount awarded by the Court should be
paid directly to the applicant’s United Kingdom-based legal representatives
in sterling into a named bank account, and that the rate of default interest be
set at 8% per annum.
113. The Government invited the Court to dismiss the claim since it had
not been substantiated and was in any event excessive. The Government
disputed the need for the applicant to have recourse to United
Kingdom-based lawyers and strongly objected to any sum being awarded
for costs and expenses incurred by the KHRP.
114. The Delegate of the Commission did not comment on the amounts
claimed by the applicant.
115. The Court is not persuaded that the amounts claimed in respect of
costs incurred by the KHRP were necessarily incurred and therefore
dismisses this claim. As to the remainder of the claim for costs and
expenses, the Court, deciding on an equitable basis and having regard to the
details of the claims submitted by the applicant, awards him the sum of
GBP 12,000 together with any value-added tax that may be chargeable, less
the 9,995 French francs which the applicant has received by way of legal aid
from the Council of Europe in respect of the fees and expenses in question.
C. Default interest
116. According to the information available to the Court, the statutory
rate of interest applicable in the United Kingdom at the date of adoption of
the present judgment is 7.5% per annum.