‘under the principle of equality of arms, as one of the features of the wider concept of a fair trial, each party must be afforded a reasonable opportunity to present his case under conditions that do not place him at a disadvantage vis-a-vis his opponent ‘ and ‘the contracting states have greater latitude when dealing with civil cases concerning civil rights and obligations than they have when dealing with criminal cases’ and articles 6(2) and 6(3) may have ‘a certain relevance outside the strict confines of criminal law’.
Citations:
14448/88, (1993) 18 EHRR 213, [1993] ECHR 49
Links:
Statutes:
European Convention on Human Rights 6
Cited by:
Cited – Josef Fischer v Austria ECHR 17-Jan-2002
The applicant had been convicted of criminal offences. He submitted an appeal by way of a plea of nullity. He complained that the Appeal court dealt with his application without serving on him a copy of the advice given to the Court by the . .
Cited – Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others HL 17-Oct-2002
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made.
Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards . .
Cited – O and others (Children); In re O (Children), In re W-R (a Child), In re W (Children) CA 22-Jun-2005
In each case litigants in person had sought to be allowed to have the assistance and services of a Mackenzie friend in children cases. In one case, the court had not allowed confidential documents to be disclosed to the friend.
Held: The . .
Cited – Secretary of State for Business, Innovation and Skills v Doffman and Another ChD 11-Oct-2010
The defendants applied for directors’ disqualification proceedings for the claim to be struck out or dismissed on the ground that the respondent had breached their rights to a fair trial under Article 6 of the European Convention on Human Rights . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Litigation Practice
Updated: 04 June 2022; Ref: scu.165284