Equality of Arms in UK Law

Leading Cases
  • O'Neill v Phillips
    • House of Lords
    • 20 Mayo 1999

    Fourthly, the offer should, as in this case, provide for equality of arms between the parties. Both should have the same right of access to information about the company which bears upon the value of the shares and both should have the right to make submissions to the expert, though the form (written or oral) which these submissions may take should be left to the discretion of the expert himself.

  • Brown v Stott (Procurator Fiscal, Dunfermline)
    • Privy Council
    • 05 Diciembre 2000

    It is a fundamental aspect of the right to a fair trial that criminal proceedings, including the elements of such proceedings which relate to procedure, should be adversarial and that there should be equality of arms between the prosecution and defence.

    However, as the applicant recognised (see paragraph 38 above), the entitlement to disclosure of relevant evidence is not an absolute right.

    The jurisprudence of the European Court very clearly establishes that while the overall fairness of a criminal trial cannot be compromised, the constituent rights comprised, whether expressly or implicitly, within article 6 are not themselves absolute. Limited qualification of these rights is acceptable if reasonably directed by national authorities towards a clear and proper public objective and if representing no greater qualification than the situation calls for.

  • ES v Chesterfield and North Derbyshire NHS Trust
    • Court of Appeal (Civil Division)
    • 25 Julio 2003

    Before the master, the application for two experts in the field of obstetrics seems largely to have been based on the argument of "equality of arms". The master rejected that argument since he drew a sharp distinction between witnesses of fact and expert witnesses.

  • R Teresa G and Others v The British Red Cross Society (Intervener) The Director of Legal Aid Casework and Another
    • Court of Appeal (Civil Division)
    • 15 Diciembre 2014

    We accept the following summary of the relevant case-law given by Mr Drabble: (i) the Convention guarantees rights that are practical and effective, not theoretical and illusory in relation to the right of access to the courts ( Airey para 24, Steel and Morris para 59); (ii) the question is whether the applicant's appearance before the court or tribunal in question without the assistance of a lawyer was effective, in the sense of whether he or she was able to present the case properly and satisfactorily ( Airey para 24, McVicar para 48 and Steel and Morris para 59); (iii) it is relevant whether the proceedings taken as a whole were fair ( McVicar para 50, P,C and S para 91); (iv) the importance of the appearance of fairness is also relevant: simply because an applicant can struggle through "in the teeth of all the difficulties" does not necessarily mean that the procedure was fair ( P,C and S para 91); and (v) equality of arms must be guaranteed to the extent that each side is afforded a reasonable opportunity to present his or her case under conditions that do not place them at a substantial disadvantage vis-à-vis their opponent ( Steel and Morris para 62).

  • Floods of Queensferry Ltd and Another v Shand Construction Ltd and Others
    • Court of Appeal (Civil Division)
    • 29 Mayo 2002

    First, such services are of enormous benefit to the proper administration of justice, including securing equality of arms in access to the courts. Thus if solicitors offer normal legal services on terms which are not contrary to the rules governing the profession and do not act in ways that fall within the wasted costs jurisdiction under Section 51, one would not, as a general rule, expect them to be vulnerable to an order that they pay the other side's costs.

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Legislation
  • Northern Ireland Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ......to in section 7 of the   Northern Ireland Arms Decommissioning Act 1997 . in implementing the Decommissioning section of ...person. Equality of opportunity Equality of opportunity . S-73 . The Equality Commission ......
  • Supply and Appropriation (Anticipation and Adjustments) Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... to local communities; promoting race, gender and faith equality; tackling extremism and promoting sustainable, cohesive and integrated ... resource and capital expenditure; crime reduction and prevention; firearms compensation and related matters; other services related to crime; ......
  • Supply and Appropriation (Main Estimates) Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ...... covers both the Department itself, its Executive Agencies and Arms Length Bodies (ALBs), the Children's Commissioner and expenditure ... to local communities; promoting race, gender and faith equality; tackling extremism and promoting sustainable, cohesive and integrated ......
  • Supply and Appropriation (Main Estimates) Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... resource and capital expenditure; crime reduction and prevention; firearms compensation and related matters; other services related to crime; ... authorities and communities; encouraging race, gender and faith equality; helping support troubled families and victims of domestic violence and ......
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Books & Journal Articles
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Law Firm Commentaries
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