One of the characteristics of a fair trial under article 6 is that the proceedings should be ‘adversarial’. The applicant’s right, in an adversarial hearing, to see and reply to material before the court: ‘means in principle the opportunity for the parties to a criminal or civil trial to have knowledge of and comment on all evidence adduced or observations filed, even by an independent member of the national legal service, with a view to influencing the Court’s decision.’
Citations:
[1996] ECHR 6, 15764/89, (1996) 23 EHRR 79
Links:
Statutes:
European Convention on Human Rights 6
Cited by:
Cited – Three Rivers District Council and others v Governor and Company of the Bank of England (No 6) HL 11-Nov-2004
The Bank anticipated criticism in an ad hoc enquiry which was called to investigate its handling of a matter involving the claimant. The claimant sought disclosure of the documents created when the solicitors advised employees of the Bank in . .
Cited – Secretary of State for the Home Department v MB; Same v AF HL 31-Oct-2007
Non-derogating control orders – HR Compliant
MB and AF challenged non-derogating control orders made under the 2005 Act, saying that they were incompatible with their human rights. AF was subject to a curfew of 14 hours a day, wore an electronic tag at all times, could not leave a nine square . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 04 June 2022; Ref: scu.165401
