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You are here: BAILII >> Databases >> European Court of Human Rights >> ATKINSON v. THE UNITED KINGDOM - 65334/01 [2003] ECHR 146 (8 April 2003) URL: http://www.bailii.org/eu/cases/ECHR/2003/146.html Cite as: [2003] ECHR 146

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FOURTH SECTION

CASE OF ATKINSON v. THE UNITED KINGDOM

(Application no. 65334/01)

JUDGMENT

(Friendly Settlement)

STRASBOURG

8 April 2003

This judgment is final but it may be subject to editorial revision.

In the case of Atkinson v. the United Kingdom,

The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:

Mr M. PELLONPää, President,

Sir Nicolas BRATZA,

Mrs V. STRážNICKá,

Mr R. MARUSTE,

Mr S. PAVLOVSCHI,

Mr L. GARLICKI,

Mr J. BORREGO BORREGO, judges,

and Mr M. O'BOYLE, Section Registrar,

Having deliberated in private on 18 March 2003,

Delivers the following judgment, which was adopted on that last-mentioned date:

PROCEDURE

1.  The case originated in an application (no. 65334/01) against the United Kingdom of Great Britain and Northern Ireland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a United Kingdom national, Mr Peter George Atkinson (“the applicant”), on 24 January 2001.

2.  The applicant was represented by Ms J. Starling, a lawyer practising in London. The United Kingdom Government (“the Government”) were represented by their Agent, Mr C.A. Whomersley, Foreign and Commonwealth Office, London.

3.  The applicant complained that British social security legislation discriminated against him on grounds of sex, in breach of Article 14 of the Convention taken in conjunction with both Article 8 of the Convention and Article 1 of Protocol No. 1.

4.  On 19 February 2002, after obtaining the parties' observations, the Court declared the application admissible in so far as the complaints related to the period from 23 July 2000 onwards. The complaints of the applicant relating to the period from 9 July 1998 to 23 July 2000 were declared inadmissible on 7 June 2001.

5.  On 4 March 2002, after an exchange of correspondence, the Registrar suggested to the parties that they should attempt to reach a friendly settlement within the meaning of Article 38 § 1 (b) of the Convention. On 21 January 2003 and on 28 January 2003 the Government and the applicant respectively submitted formal declarations accepting a friendly settlement of the case.

THE FACTS

6.  The applicant was born in 28 October 1945 and lives in Maidenhead.

7.  The applicant and his wife were married in 1992 and had two children, both born in 1995. The applicant's wife died on 9 July 1998.

On 23 July 2000 the applicant applied to the Benefits Agency for the payment of social security benefits. He applied for benefits equivalent to those which a widow, whose husband had died in similar circumstances to those of his wife, would have been entitled, namely a Widow's Payment and a Widowed Mother's Allowance, and thereafter a Widow's Pension, payable under the Social Security and Benefits Act 1992 (“the 1992 Act”). He was informed on 25 July 2000 that the Benefits Agency was unable to accept his application as a valid claim because the regulations governing the payment of widows' benefits were specific to women. He was told that he had no right of appeal since his claim had not been considered.

THE LAW

8.  On 21 January 2003 the Court received the following declaration from the Government:

“I declare that, with a view to securing a friendly settlement of the above-mentioned case, the Government of the United Kingdom offer to pay GBP 10,488.12 to Mr Peter George Atkinson. This sum is to cover any pecuniary and non-pecuniary damage as well as costs, and it will be payable within three months from the date of delivery of the judgment by the Court pursuant to the Article 39 of the European Convention on Human Rights. This payment will constitute the final resolution of the case.

The Government further undertake not to request that the case be referred to the Grand Chamber under Article 43 § 1 of the Convention.”

9.  On 28 January 2003 the Court received the following declaration signed by the applicant's representative:

“We note that the Government of the United Kingdom are prepared to pay the sum of GBP 10,488.12 covering pecuniary and non-pecuniary damage and costs to Mr Peter George Atkinson with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

We accept the proposal and waive any further claims against the United Kingdom in respect of the facts of this application. We declare that this constitutes a final settlement of the case.

This declaration is made in the context of a friendly settlement which the Government and the applicant have reached.

We further undertake not to request that the case be referred to the Grand Chamber under Article 43 § 1 of the Convention after delivery of the Court's judgment.”

10.  The Court takes note of the agreement reached between the parties (Article 39 of the Convention). It is satisfied that the settlement is based on respect for human rights as defined in the Convention or its Protocols (Article 37 § 1 in fine of the Convention and Rule 62 § 3 of the Rules of Court).

11.  Accordingly, the case should be struck out of the list.

FOR THESE REASONS, THE COURT UNANIMOUSLY

1.  Decides to strike the case out of the list;

2.  Takes note of the parties' undertaking not to request a rehearing of the case before the Grand Chamber.

Done in English, and notified in writing on 8 April 2003, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Michael O'BOYLE Matti PELLONPää

Registrar President