The Right To A Fair Hearing In Consumer Law Proceedings

On the 31 October 2019, the First Hall in its Constitutional Jurisdiction handed down judgement in Digisec Media Limited v Director General (Consumer Affairs) and Advocate General. It affirmed that public enforcement proceedings in relation to consumer law are criminal in nature and therefore are protected by the constitutional guarantee to a fair hearing as applicable to criminal offences.

On the 18^th of May 2018, in line with the provisions of the Consumer Affairs Act ("the Act") and the Consumer Rights Regulations ("the Regulations"), the Director General (Consumer Affairs) issued an administrative decision imposing a fine of €30,000 on Digisec Media Limited ("Digisec").

Digisec felt aggrieved by the decision and lodged an appeal before the Competition and Consumer Appeals Tribunal. The said appeal was however suspended since the applicant company also instituted an action before the Civil Court, First Hall, in its Constitutional Jurisdiction, claiming that