The Court of Appeal found that the plaintiff’s right to a fair trial had been denied due to a failure at first instance to adequately address the provisions of the UK Equal Treatment Bench Book (ETTB) and make reasonable adjustments to ensure that a fair hearing took place. The ETTB is a domestic resource containing practical information for judges on what considerations must be taken into account for making reasonable adjustments within legal proceedings, with the purpose of recognising diversity and promoting equality in the court room.
The Court of Appeal reiterated that each court or tribunal is obligated to decide in each case on necessary reasonable adjustments and related matters.
The Court of Appeal in Northern Ireland sought to apply and, where necessary, develop the common law so as to ensure the observed standard was in line with international obligations. It was concluded that the common law duty was consistent with that stipulated in the United Nations Convention on the Rights of Persons with Disabilities, and thus a set of principles arise to ensure the integrity of a fair hearing.
These principles concerned the right of disabled persons to participate fully in the hearing, necessitating that relevant provisions of the UK Equal Treatment Bench Book (ETBB) are adhered to. Further, the importance of recognising the impact of a physical or mental disability on an individual’s ability to rationally conduct proceedings was emphasised. An individual should be given proper opportunity to express his or her particular needs in a case, acknowledging that, to this end, expert evidence may in some instances be required.
It is specified in the ETBB that an early “ground rules hearing” should adapt whatever reasonable adjustments are required according to the particular needs of the litigant. Such amendments may include adjustments to the method and approach of cross-examination including, in limited circumstances, the provision of advance notice of the opposition’s intended questions to allow a give a litigant some opportunity to consult with his or her counsel.
The Galo decision raises important concerns regarding awareness of the needs of the disabled within the judicial system. The Equality and Diversity Forum have given comment that this case especially highlights the need for improved training for members of the legal profession in the area of rights of disabled persons, in line with Article 13(2) of the UNCRPD where it is recommended that standard training in this area be made compulsory for, among others, members of the legal profession. In order for greater levels fairness to be achieved, awareness of the existing rules regarding equal access to justice for disabled persons, such as those provided by the ETBB, is necessary.
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To read more from The Equality Diversity Forum on the above decisions, please click here.