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Opposing Government Regulators

by Nicola Somers Solicitor

Government regulation is a restructuring of laws and institutions that govern economic activity so that they have as their priority a consumer orientation balanced by the need to promote investment in traded goods and services

Government Regulators, for the most part, exist to protect the consumer and are independent.   A primary function of regulators is to ensure accountability and also to promote competition.  However, this creates restrictions within which businesses must work.   Although decisions and policies of regulators must be complied with, Regulators must act fairly and make fair and proper decisions.  

There is a right of appeal against the decision of a Regulator through the court system and this is done by way of Judicial Review.  If a business or a person feels they have been adversely affected by a Regulator's decision they may seek leave of the court to bring an action against that Regulator.   This leave is discretionary and may or may not be granted.  To get permission for Judicial Review a company or person’s legal team must show: 

1.       You have an arguable case,

2.       You are an interested party whose interests have been adversely affected by the Regulator's decision.

If you can show this you may be granted leave to seek Judicial Review. However this is only the first step and the courts are anxious to prevent lengthy litigation.  You must also be aware of the time limits applicable and the complex procedural rules

The law in this area is very complex, however it can often work in your favour to protect you from unfair decisions.

If you feel that you may have a case against a Regulator's decision, we will be able to explain what to do next and the law involved in your particular case. We will be able to identify the issues quickly so as to allow you make decisions.

Please call Nicola Somers or Patricia Donnelly at (01) 4525211 or email nicola.somers@bporco.ie or patricia.donnelly@bporco.ie

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