SAUNDERS v. UNITED KINGDOM JUDGMENT
23
80. In the light of the above finding of an infringement of the right not
to incriminate oneself, the Court considers it unnecessary to examine the
applicant’s allegations on this point. It notes, however, the findings of the
Court of Appeal that the inspectors had conducted their inquiries
independently without briefing or prompting by the prosecuting authorities
and that there had been no improper or unfair collusion between them (see
paragraph 43 above).
C. Conclusion
81.
In conclusion the applicant was deprived of a fair hearing in
violation of Article 6 para. 1 of the Convention (art. 6-1).
II. APPLICATION OF ARTICLE 50 OF THE CONVENTION (art. 50)
82.
The applicant sought just satisfaction under Article 50 of the
Convention (art. 50), which reads as follows:
"If the Court finds that a decision or a measure taken by a legal authority or any
other authority of a High Contracting Party is completely or partially in conflict with
the obligations arising from the ... Convention, and if the internal law of the said Party
allows only partial reparation to be made for the consequences of this decision or
measure, the decision of the Court shall, if necessary, afford just satisfaction to the
injured party."
A. Damage
1. Pecuniary damage
83. The applicant submitted that the prosecution case against him would
have been in serious difficulties but for the evidence introduced at his trial,
in violation of Article 6 (art. 6). He thus claimed pecuniary loss amounting
to £3,668,181.37. This claim was made up of sums in respect of loss of
earnings up to May 1995, travelling and subsistence expenses, fees paid to
solicitors (Payne Hicks Beach) relating to the interviews before the
inspectors and to solicitors (Landau and Landau) in respect of, inter alia, the
criminal proceedings.
At the hearing before the Court, however, the applicant accepted that
"true compensation" would be a finding in his favour by the Court and the
resulting vindication of his good name.
84. The Government submitted that the applicant’s claim for pecuniary
loss was excessive. In particular, they pointed out that Mr Saunders had not
criticised the investigation by the inspectors itself, but had nonetheless
sought reimbursement for his legal costs in connection with it. With regard
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