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A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
B. Costs and expenses
254. The applicants made no claim for costs in respect of the domestic
proceedings, since these had been recovered as a result of the order made by
the House of Lords. Their total claim for the costs of the proceedings before
the Court totalled GBP 144,752.64, inclusive of value-added tax (VAT).
This included 599 hours worked by solicitors at GBP 70 per hour plus VAT,
342.5 hours worked by counsel at GBP 150 per hour plus VAT and
85 hours worked by senior counsel at GBP 200 per hour plus VAT in
preparing the application, observations and just satisfaction claim before the
Chamber and Grand Chamber, together with disbursements such as experts’
reports and the costs of the hearing before the Grand Chamber. They
submitted that it had been necessary to instruct a number of different
counsel, with different areas of specialism, given the range of issues to be
addressed and the evidence involved, concerning events which took place
over a ten-year period.
255. The Government submitted that the claim was excessive. In
particular, the number of hours spent by solicitors and counsel in preparing
the case could not be justified, especially since each of the applicants had
been represented throughout the domestic proceedings during which
detailed instructions must have been taken and consideration given to
virtually all the issues arising in the application to the Court. The hourly
rates charged by counsel were, in addition, excessive.
256. The Court reiterates that an applicant is entitled to be reimbursed
those costs actually and necessarily incurred to prevent or redress a breach
of the Convention, to the extent that such costs are reasonable as to quantum
(see Kingsley, cited above, § 49). While it accepts that the number of
applicants must, inevitably, have necessitated additional work on the part of
their representatives, it notes that most of the individualised material filed
with the Court dealt with the applicants’ complaints under Article 3 of the
Convention and their claims for just satisfaction arising out of those
complaints, which the Court has rejected. In addition, it accepts the
Government’s argument that a number of the issues, particularly those
relating to the derogation under Article 15 of the Convention, had already
been aired before the national courts, which should have reduced the time
needed for the preparation of this part of the case. Against this background,
it considers that the applicants should be awarded a total of EUR 60,000 in
respect of costs and expenses, together with any tax that may be chargeable
to the applicants.
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