Equality of Arms in UK Law

  • Brown v Stott (Procurator Fiscal, Dunfermline)
    • Privy Council
    • 05 December 2000
    ......cit. , at paragraph 11.191. . . 36 Equality of arms . . 37 Equality of arms between the prosecutor and ......
  • O'Neill v Phillips
    • House of Lords
    • 20 May 1999
    ......entitlement in favour of Mr. O'Neill to produce equality. In 1988 £49,900 of retained profits, which partly represented Mr. ... 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 ......
  • Al-Rawi & others v The Security Service & others
    • Supreme Court
    • 13 July 2011
    ......There is no unfairness or inequality of arms. The effect of a closed material procedure is that closed documents are ... secure basic constitutional rights of fairness, open justice and equality of arms, as well as to maintain confidence in the integrity of the ......
  • R (Corner House Research) v Secretary of State for Trade and Industry
    • Court of Appeal (Civil Division)
    • 01 March 2005
    ...... Article 10 of the European Convention on Human Rights and on equality of treatment, but his most powerful contention, at any rate for the ... he also suggested that it somewhat told against the "equality of arms" approach if, unlike the Refugee Legal Centre, Corner House would be ......
  • Secretary of State for the Home Department v MB [House of Lords
    • House of Lords
    • 31 October 2007
    ...... as possible, with the requirements of adversarial proceedings and equality of arms and incorporated adequate safeguards to protect the interests of ......
  • R (D) v Camberwell Green Youth Court; R (G) v Camberwell Green Youth Court
    • House of Lords
    • 27 January 2005
    ...... Act violated these defendants' article 6(1) Convention right to equality of arms. As a general rule, however, a provision that is designed to allow ......
  • D (A Child) (Abduction: Rights of custody); Re
    • House of Lords
    • 16 November 2006
    ......It held that the equality of rights enjoyed by parents before their divorce is subject to ...This, it is argued, it not the 'equality of arms' which is inherent in the concept of a fair trial. . . 64 ......
  • HM Advocate v Murtagh
    • Privy Council
    • 03 August 2009
    ...... proceedings should be adversarial and that there should be equality of arms between the prosecution and the defence and that article 6(1) ......
  • A, X and Y and Others and Secretary of State for the Home Department
    • House of Lords
    • 16 December 2004
    ...... 115 , Professor Hersch Lauterpacht wrote: "The claim to equality before the law is in a substantial sense the most fundamental of the ... of determining the proper functions, in this process, of different arms of government. My noble and learned friend Lord Hoffmann has recently ......
  • 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 December 2014
    ...... • there is no requirement to provide legal aid to ensure total equality of arms between an applicant and opponent, so long as each side is ......
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