European Court of Human Rights

FOURTH SECTION

DECISION

Application no. 28032/02
by Andrew Walker MARTIN
against the United Kingdom

The European Court of Human Rights (Fourth Section), sitting on 9 December 2008 as a Chamber composed of:

Lech Garlicki, President,
Nicolas Bratza,
Giovanni Bonello,
Ljiljana Mijović,
David Thór Björgvinsson,
Ledi Bianku,
Mihai Poalelungi, judges,
and Lawrence Early Section Registrar,

Having regard to the above application lodged on 14 June 2001,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

THE FACTS

The applicant, Andrew Walker Martin, is a British national who was born in 1962 and lives in Blackpool. He is represented before the Court by Royds Rdw, solicitors practising in London. The United Kingdom Government (“the Government”) were represented by their Agent, Mr C. Whomersley of the Foreign and Commonwealth Office.

A.  The circumstances of the case

The facts of the case, as submitted by the parties, may be summarised as follows.

The applicant was widowed on 11 September 2000. There were two children of the marriage. In or around October 2000, the applicant made a telephone inquiry to the Blackpool Benefits Agency regarding survivor's benefits. He was told to make an application by amending the widows' benefit forms. On 2 October 2000 he made a formal application which was rejected on 9 October 2000 because he was not a woman.

In April 2001 the applicant claimed bereavement benefits on the basis of the new law. On 22 May 2001 he was granted Widowed Parent's Allowance only from 10 April 2001 but was refused bereavement payment as his wife had died before 9 April 2001.

Mr Martin initiated proceedings before the domestic courts and was awarded compensation by the Court of Appeal in the sum of GBP 1,000 representing the sum equivalent to Widow's Payment “(Wpt”). On 5 May 2005 this decision was overturned by the House of Lords in the case of R v Secretary of State for Work and Pensions (appellant) Ex Parte Hooper and Others (FC) (Respondent) [2005] UKHL29 to which the applicant was a party.

B.  Relevant domestic law

The domestic law relevant to this application is set out in Willis v. the United Kingdom, no. 36042/97, §§ 14-26, ECHR 2002-IV.

COMPLAINTS

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.

THE LAW

By a letter of 11 November 2008 the applicant's representative notified the Court that Mr Martin had been offered GBP 2,431.42 in respect of his claim for WPt including costs and interest and that he had accepted and received payment. On 21 November 2008 the Registry of the Court informed the parties that the Court would consider striking the application out of its list of cases following the settlement reached.

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

Accordingly, the application should be struck out of the list of cases.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Lawrence Early Lech Garlicki
Registrar President