WIEDER AND GUARNIERI v. THE UNITED KINGDOM JUDGMENT
was submitted) together with the sum of GBP 54,280.00 in respect of
“anticipated future costs”.
116. The Government argued that the claim for “anticipated future costs”
was a claim for costs that had not been incurred. Moreover, in their view the
sum was unparticularised and manifestly excessive.
117. According to the Court’s case-law, an applicant is entitled to the
reimbursement of costs and expenses only in so far as it has been shown that
these were actually and necessarily incurred and are reasonable as to
quantum. In the present case, while the claim for costs is divided up into
“costs incurred” and “anticipated future costs”, the fee notes submitted in
support would suggest that some of the “anticipated future costs” were in fact
incurred in the preparation of the applicants’ observations. According to these
fee notes, the professional fees of Mr Ben Jaffey KC were GBP 15,882,
inclusive of VAT; the professional fees of Mr David Heaton were GBP 670,
inclusive of VAT; the professional fees of Ms Gayatryy Sarathy were
GBP 10,616, inclusive of VAT; and the professional fees of Ms Sophie Bird
were GBP 2,048, inclusive of VAT. The remainder of the claim for costs has
not been supported by any fee notes or bills of costs.
118. Regard being had to the documents in its possession and the above
criteria, the Court considers it reasonable to award the sum of EUR 33,155
covering costs under all heads for the proceedings before the Court.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Decides, to join the applications;
2. Decides, to strike out the complaints concerning the receipt of intelligence
from foreign intelligence agencies;
3. Declares, the complaints under Article 8 of the Convention concerning
the regime under section 8(4) of RIPA admissible;
4. Holds, that there has been a violation of Article 8 of the Convention in
respect of the regime under section 8(4) of RIPA;
5. Declares, the complaints under Article 10 of the Convention
inadmissible;
6. Holds, that there is no need to examine separately the admissibility and
merits of the complaints under Article 13 of the Convention read together
with Article 8;
7. Holds, that the finding of a violation constitutes in itself sufficient just
satisfaction for any non-pecuniary damage sustained by the applicants;
33
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