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;
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