Day 157 - 18 Jul 95 - Page 19
1 be generally common sense really, about the equality of
2 arms needed to ensure a fair trial. Again we have not been
3 able to track down the European authorities, only some
4 opinion on that matter from 1 Pump Court.
5
6 If I may be allowed to say that in the Ofner & Hopfinger v.
7 Austria case, or, since -- sorry, I do not know where this
8 is from, "The Commission has defined the term 'fair
9 hearing'" -----
10
11 MR. JUSTICE BELL: Where are you now?
12
13 MR. MORRIS: The thing is that this is advice we have, but
14 I have not got the original authority for it so it is
15 difficult.
16
17 MR. JUSTICE BELL: That may be, but you have to take me along
18 with your argument as well. You cannot just dart off
19 reading from something without telling me what it is.
20
21 MR. MORRIS: The advice we have been given is that the
22 Commission has defined the term "fair hearing". I am
23 sorry -- we have quoted in our list of authorities the
24 Application 434/58 X v. Sweden and Application 7450/76 X
25 v. Belgium and we believe that they contain the
26 Commission's definition of the term "fair hearing" to the
27 words, a direct quote: "Everyone who is party to civil
28 proceedings should have a reasonable opportunity of
29 presenting his case in court under conditions which do not
30 place him at a substantial disadvantage vis a vis his
31 opponent." I would argue that, whether or not we can find
32 the exact authority for that, it is common sense really.
33
34 MR. RAMPTON: I have it here, my Lord. I will pass it up. The
35 relevant passage is at the bottom of page 370. It is a
36 case in the Commission, not in court, I think, from 1959.
37 The relevant passage begins at the bottom of page 370 at
38 the words in italics "whereas", and goes over on to the
39 following page, 372. The odd page numbers are in French.
40 The English is on the even page numbers. (Handed) It is a
41 very short passage.
42
43 MR. JUSTICE BELL: Where is the part you want from that,
44 Mr. Morris?
45
46 MR. MORRIS: I am sorry. It is the section that Mr. Rampton
47 kindly referred us to which was the bottom of that -----
48
49 MR. JUSTICE BELL: Just the bottom.
50
51 MR. MORRIS: Page 370 and over the page.
52
53 MR. JUSTICE BELL: Yes.
54
55 MR. MORRIS: "The British courts have an inherent jurisdiction
56 to ensure fairness, quality, smooth running of the case
57 until the end". Bearing in mind everything we have said,
58 we feel that the question now becomes what powers, specific
59 powers, does the court have above its inherent
60 jurisdiction, because we believe that inherent jurisdiction
