CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 21 septembre 1994

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }       The Committee of Ministers, under the terms of Article 54 (art. 54) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),        Having regard to the judgment of the European Court of Human Rights in the case of Boyle against the United Kingdom delivered on 28 February 1994 and transmitted the same day to the Committee of Ministers;        Recalling that the case originated in an application against the United Kingdom lodged with the European Commission of Human Rights on 5 October 1989 under Article 25 (art. 25) of the Convention by Mr Terence Boyle, a British national, who complained of the refusal by the local authorities to allow him access to his nephew placed in care, and of the absence of any possibility, before the entry into force of the Children Act 1989, of applying to the courts for access;        Recalling that the case was brought before the Court by the Commission on 7 April 1993;        Whereas in its judgment of 28 February 1994 the Court, after having taken formal note of a friendly settlement reached by the Government of the United Kingdom and the applicant and having found that there were no reasons of public policy justifying the continuation of the proceedings, decided unanimously to strike the case out of its list;        Whereas under the above-mentioned friendly settlement it was agreed that:        "a. the government will make an ex-gratia payment of 15 000 pounds sterling to the applicant plus his reasonable legal costs in bringing the application;        b. the government note that the Children Act 1989 received Royal assent on 16 November 1989 and came into force on 16 November 1991.   Section 34 (3) confers on any person who has obtained the leave of the court to make an application, the possibility of having the question of contact between the child placed in local authority care and that person determined by a court in proceedings complying with Article 6, paragraph 1 (art. 6-1), of the Convention;        c. the government regret that, prior to the entry into force of Section 34 (3) of the Children Act 1989 on 16 November 1991, the applicant had no statutory right to apply to the court for contact with his nephew;"        Recalling that Rule 49, paragraph 3, of the Court's Rules provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers in order to allow it to supervise, in accordance with Article 54 (art. 54) of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;        Having satisfied itself that on 14 February 1994 the Government of the United Kingdom has paid to the applicant the sum of 15 000 pounds sterling provided for in the friendly settlement and the sum of 3 790 pounds sterling for costs and expenses,        Declares that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.