Can you have equal rights and special treatment?


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.

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