Unavailability of widows’ allowances to widowers
THE LAW 12. On 4 September 2001 the Court received the following declaration from the Government: “I declare that the Government of the United Kingdom offer to pay GBP 1,000 to Mr Dean Edward Sawden with a view to securing a friendly settlement of the application registered under no. 38550/97. This sum shall 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 the reference of the case to the Grand Chamber under Article 43 § 1 of the Convention.” 13. On 14 September 2001 the Court received from the applicant’s representative the following declaration signed by him: “I note that the Government of the United Kingdom are prepared to pay me a sum totalling GBP 1,000 covering both pecuniary and non-pecuniary damage and costs with a view to securing a friendly settlement of application no. 38550/97 pending before the Court. I accept the proposal and waive any further claims in respect of the United Kingdom relating to the facts of this application. I declare that the case is definitely settled. This declaration is made in the context of a friendly settlement which the Government and the applicant have reached. I further undertake not to request the reference of the case to the Grand Chamber under Article 43 § 1 of the Convention after the delivery of the Court’s judgment.” 14. The Court takes note of the agreement reached between the parties (Article 39 of the Convention) and the amended legislation (paragraph 11 above). 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). 15. Accordingly, the case should be struck out of the list.
The Court, after having taken formal note of a friendly settlement (Article 39 of the Convention) reached by the UK Government and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided to strike the case out of its list.