CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 10 mai 2001

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Costa , President ,   Mr   W. Fuhrmann ,   Mr   L. Loucaides ,   Sir   Nicolas Bratza ,   Mrs   H.S. Greve ,   Mr   K. Traja ,   Mr   M. Ugrekhelidze , judges , and   Mrs   S.   Dollé , Section Registrar , Having regard to the above application introduced with the European Commission of Human Rights on 28 April 1998 and registered on 27 May 1998, Having regard to Article 5 § 2 of Protocol No. 11 to the Convention, by which the competence to examine the application was transferred to the Court, Having regard to the settlement reached between the parties, Having deliberated, decides as follows: THE FACTS The applicant is a British national, born in 1965 and living in London. She is represented before the Court by Ms Ellison, a lawyer practising in London. The facts of the case, as submitted by the applicant, may be summarised as follows. On 15 August 1997 the applicant was involuntarily detained on an emergency basis in a psychiatric hospital. On the same day her detention was continued under section 3 of the Mental Health Act 1983, that detention thereby constituting an admission for treatment for a renewable period of six months. On 20 August 1997 the applicant’s request for a review of her detention was received by the Mental Health Review Tribunal, her solicitor making a supplemental request for review on 22 August 1997. By 26 January 1998 a hearing date before the Mental Health Review Tribunal had not been fixed. At some stage thereafter her review was set down for hearing on 9 February 1998. On 3 February 1998, a number of days before the expiry of the six-month period of detention authorised by section 3 of the 1983 Act, the applicant was discharged. COMPLAINTS The applicant originally complained under Article 5 § 4 of the Convention that she did not have a speedy review of her detention by the Mental Health Review Tribunal. THE LAW On 21 March 2000 the Court decided to communicate the application to the respondent Government. By letter dated 13 June 2000 the Government indicated that settlement negotiations were well advanced. By letter dated 10 August 2000, the Government informed the Court that the terms of a settlement had been agreed, subject only to the question of costs. By letter dated 28 September 2000, the Government confirmed that a settlement had been agreed whereby they would pay the applicant 3,500   pounds sterling (GBP) in full and final settlement of her claims under the Convention, plus GBP 3,451.42 in respect of all of her legal costs (that sum being inclusive of value-added tax). The applicant’s letter of 4 October 2001 referred to the Government’s last letter and confirmed final settlement of the application. By letter dated 9   April 2001, the Government provided a copy of the applicant’s letter to them of 3 April 2001 which, in turn, included vouchers confirming receipt of the agreed amounts by the applicant and by the applicant’s representatives. The Court takes note of the agreement reached between the parties. 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) and it accordingly considers that the case should be struck out of the list. For these reasons, the Court unanimously Decides to strike the application out of its list of cases.   S. Dollé   J.-P. C osta   Registrar   President