Sentences with phrase «equality of arms»

My aim was, and still is, to create equality of arms on the part of the victims.

Chapter 40 demands equal access to justice, requiring equality of arms and a level playing field as between rich and poor in the judicial system.

Hence this could be considered as a breach of the principle of equality of arms which on its own could be ground for a possible infringement of Article 6 ECHR.

They incorporate the crucial concept of equality of arms between parties in criminal and certain civil cases: that must be enshrined as a bedrock principle of the surviving redoubt.

In the post-White v White [2001] 1 All ER 1, [2000] 3 WLR 1571 days of equality yardsticks, why not equality of arms in terms of the legal advice and representation you can buy?

For example in the field of EU Competition Law, the ECJ recently analysed claims on breaches by the European Commission on the right to a fair trial and equality of arms only by reference to the Charter in cases C - 110 / 10, Solvay and C - 389 / 10, KME without even mentioning the ECHR; see my analysis (in Dutch) of those developments.

The legal principle of equality of arms forms part of the right to a fair trial and this lies at the heart of the statutory provisions that have been introduced to ensure that one party is not unfairly disadvantaged due to lack of funding.

The Bill proposes significant changes to the way that personal injury and other litigation is funded and managed in Scotland, with the aim of increasing access to justice, providing equality of arms between claimant and defender in litigation...... Continue Reading

First, the need for publicly financed representation of families at inquests to ensure equality of arms.

Although the legal analysis of the Court and the Advocate General, whose opinion CJEU confirmed, is thorough and convincing regarding the right of access to a tribunal, it is more superficial in the case of other two elements, particularly with respect to the principle of equality of arms.

After all, we would argue that being able to read at an advanced level, or having access to a lawyer are far greater advantages than access to a computer and, if such is the case, then the status quo is much more problematic with regard to the equality of arms principle that is a building block towards access to justice than any well conceived online platform could ever be.

The argument would be more convincing if the CJEU analyzed whether, in this particular case, the safeguards contained in EU law were enough to protect the equality of arms.

Rather, what is important is that the heart of the exception is protected, namely the principle of equality of arms and the sound administration of justice (paras 70 - 72).

The CJEU separately analyzed three different elements of the principle of effective judicial protection: right of access to a tribunal and principles of nemo iudex in sua causa (no one can be a judge in his own cause) and equality of arms.

First, burden of proof in demonstrating the harm that may be caused where there is no equality of arms falls on the person who has suffered it.

Second, according to the CJEU, «EU law contains a sufficient number of safeguards to ensure that the principle of equality of arms is observed» (paragraph 75).

A solicitor instructed by the bereaved family may arrange for appropriate representation at the inquest to ensure that there is an «equality of arms».

On a serious note, I feel strongly that anyone entering into a legal agreement or dispute should have equality of arms, which often means having as good a lawyer as the other party.

Moreover, Master Short has said more than once that the «equality of arms principle» is embodied in the amendments — a principle that suggests a court should not allow a party to spend its way to an advantage.

The biggest difference between acting for a regulator and an individual is equality of arms and resources.

Transfer of this level of decision making to central government will, at the very least, expose the government to accusations of undermining the rule of law, the principle of equality of arms, and the separation of powers.

The key to this apparent inconsistency lies in the principles at the heart of these cases, which pull in opposite directions: the principle of fair and open justice, or, in Article 6 terms, «equality of arms,» versus the principle that gives weight to the interests of national security.

To maintain the equality of arms, the police had to be redefined as an impartial and objective investigative body; any evidence they found had to be made available to the defendant.

When individuals had similar resources, there was an equality of arms — a key component of a fair trial.

There is no problem in finding a legal background for justification of amenability in practice on the matter at hand, if principle of equality of arms was observed.

As matters progressed it became apparent to them that their spouse wasn't being totally candid about the finances, the range of issues was becoming too much too handle, or their spouse took on top notch lawyers and they felt the need to have equality of arms.

Review is also important to ensure parity between prosecution and defence rates and to maintain «equality of arms» between both sides.