“If the right to be heard is to be a real right which is
worth anything, it must carry with it a right in the accused man to know the
case which is made against him. He must know what evidence has been given and
what statements have been made affecting him: and then he must be given a fair
opportunity to correct or contradict them. It follows, of course, that the
judge or whoever has to adjudicate must not hear evidence or receive
representations from one side behind the back of the other. The court will not
enquire whether the evidence or representations did work to his prejudice.
Sufficient that they might do so. The Court will not go into the likelihood of
prejudice. The risk of it is enough. No one who has lost a case will believe he
has been fairly treated if the other side has had access to the Judge without
his knowing.”
Lord Denning in B Surinder Sigh Kanda v The Government of
the Federation Malaya 1962