The Regulators’ Code, introduced in 2014, is a statutory framework for regulatory bodies and public agencies in England & Wales. It is often discussed in the context of compliance and enforcement.
However, its civil/commercial/property litigation implications are less frequently explored, and they are increasingly significant across the Waste, Environmental and Transport sectors.
At its core, the Code requires regulators to act transparently, proportionately, and in a targeted manner (Regulators’ Code, BEIS).
When regulatory decisions are challenged in the civil courts, the Code’s principles can shape both the conduct of proceedings and the court’s assessment of reasonableness and fairness.
For example, claimants may argue that a regulator’s failure to follow the Code amounts to procedural unfairness or irrationality, potentially strengthening claims for judicial review or damages.
Understanding the tole of the Regulators’ Code in litigation
Recent Regulators’ Code litigation cases show how regulatory findings can influence civil proceedings.
In Omers Administration Corp v Tesco plc [2019] EWHC 109 (Ch), the High Court considered the disclosure of documents generated during regulatory investigations in subsequent shareholder litigation.
Similarly, the Supreme Court in Lloyd v Google LLC [2021] UKSC 50 addressed the limits of representative actions following regulatory scrutiny.
Looking ahead – Parallel enforcement and private claims
As regulatory enforcement intensifies, particularly in ESG, data, and competition, parallel civil claims are likely to proliferate.
Regulators’ Code litigation is becoming a more strategic area for legal practitioners, with increasing focus on disclosure, privilege, and the admissibility of regulatory findings.
For litigators, understanding how the Code can be leveraged (or challenged) in civil proceedings is now essential.
If you are curious about the strategic use of the Regulators’ Code in litigation, then we can help.
The landscape is shifting, likely towards increased and broader regulation.
With our Specialist expertise at Dyne Solicitors Limited, we are very well placed to assist and advise. For further information and guidance, contact Alex Sandland today.