55 McCANN AND OTHERS v. THE UNITED KINGDOM JUDGMENT A. Pecuniary and non-pecuniary damage 219. The Court observes that it is not clear from the applicants’ submissions whether their claim for financial compensation is under the head of pecuniary or non-pecuniary damages or both. In any event, having regard to the fact that the three terrorist suspects who were killed had been intending to plant a bomb in Gibraltar, the Court does not consider it appropriate to make an award under this head. It therefore dismisses the applicants’ claim for damages. B. Costs and expenses 220. The Court recalls that, in accordance with its case-law, it is only costs which are actually and necessarily incurred and reasonable as to quantum that are recoverable under this head. 221. As regards the Gibraltar costs, the applicants stated in the proceedings before the Commission that their legal representatives had acted free of charge. In this connection, it has not been claimed that they are under any obligation to pay the solicitor the amounts claimed under this item. In these circumstances, the costs cannot be claimed under Article 50 (art. 50) since they have not been actually incurred. 222. As regards the costs and expenses incurred during the Strasbourg proceedings, the Court, making an equitable assessment, awards £22,000 and £16,700 in respect of the solicitor’s and counsel’s claims respectively, less 37,731 French francs received by way of legal aid from the Council of Europe. FOR THESE REASONS, THE COURT 1. Holds by ten votes to nine that there has been a violation of Article 2 (art. 2) of the Convention; 2. Holds unanimously that the United Kingdom is to pay to the applicants, within three months, £38,700 (thirty-eight thousand seven hundred) for costs and expenses incurred in the Strasbourg proceedings, less 37,731 (thirty-seven thousand seven hundred and thirty-one) French francs to be converted into pounds sterling at the rate of exchange applicable on the date of delivery of the present judgment; 3. Dismisses unanimously the applicants’ claim for damages;