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Fair Trial, Equality of Arms and Duty to Explain

Publication at Faculty of Law |
2020

Abstract

The text focuses on the right to fair trial and principle of equality of arms in civil proceedings, with particular respect to a litigant's so-called duty to explain. According to case law, there is public interest in full finding of facts and in the adoption of a decision in compliance with substantive law.

This means that if someone enjoys a specific right (under substantive law), they are also entitled to somewhat more than only procedural equality with the other party. They also have a right that the other party, if in possession of certain information or evidence, should submit them to the court.

The text discusses arguments in favour and against this principle, and also the extent of any such right.