Can you have equal rights and special treatment?

18-11-2016

Author: Joanelle O’Cleirigh, Roberta Guiry and Philippa Walsh



Regulatory bodies must apply the principle of equal treatment in all steps leading to the imposition of a penalty. What does this mean? It means that regulators must treat parties that are in a comparable position equally, unless a difference in treatment can be objectively justified. If a regulator does not apply this principle, it runs the risk that its decisions will be challenged. A recent English Court of Appeal decision illustrates this.

Read the full briefing here.

Download PDF