Description of the legal term Relator:
The term “relator” in British legal context refers to an individual who brings an action or provides information on behalf of the state or the Crown, but who has a direct and personal interest in the matter. Typically, in actions known as “relator actions,” the government is formally the plaintiff, but the relator is a third party who has brought the issue to the attention of the authorities and is seeking to enforce some public right or benefit from the enforcement of a public duty. This concept is derived from the idea that while the infringement of public rights or duties affect the community at large, there may not be a specific government authority willing or able to take action.
The relator is particularly significant in cases where a governmental body has failed to enforce the law or when there is an infringement of public rights that also impacts a private citizen. Importantly, while the relator’s personal interest must be more than that of the general public, it does not need to be a direct financial one; it could be a concern for the enforcement of laws or regulations that particularly affect the relator’s well-being or community objectives.
Relator actions serve the public interest by empowering citizens to initiate proceedings when government authorities do not act. However, because these actions can encroach on the discretion of the executive, they are governed by strict rules to prevent abuse. For instance, the relator may need to obtain the permission of the Attorney-General or another government authority before proceeding with a relator action. This is meant to balance the importance of allowing individuals to uphold public rights with the necessity of preventing vexatious litigation and undue interference with governmental functions.
It is also important to note that the relator may or may not receive part of any penalties or fines imposed, depending on the specific regulations governing the particular issue at hand. Much depends on the statutory context of the specific area of law under which the relator action is filed.
Relator actions are thus a vital legal tool, providing a mechanism to uphold the rule of law and encourage the fulfilment of public duties when there might be a lacuna in enforcement by the state. They demonstrate a key principle of legal accountability wherein the government can be prompted to enforce laws through the initiative of concerned individuals or groups.
Legal context in which the term Relator may be used:
A classic example of a relator action can be seen in environmental law. Imagine a manufacturing company that pollutes a river, adversely affecting the water quality. This act constitutes a breach of environmental protection laws designed to safeguard public interests. If the company continues to pollute the river without any enforcement action being taken by the government body responsible for environmental protection, an individual or environmental group could bring a relator action. This would occur under the pretense that while the government should technically be the plaintiff, the immediate concern and the high stakes for the local community confer sufficient interest upon the relator to initiate legal proceedings.
Another context in which the role of a relator is pertinent is within planning law. Suppose a property developer begins a construction project that greatly exceeds the scope of what was originally approved, thus breaching planning control regulations. Residents living adjacent to the development site might be adversely affected by this unauthorised development, but find that the local planning authority is not taking action to halt the illegal construction. A resident or group of residents with standing can become relators, mounting a legal challenge against the developer under the mantle of the Crown but with the express purpose of protecting their own interests as well as upholding the integrity of planning laws.
Understanding the role and limitations of relators is fundamental in grasping how the law is often a balance between public interest and individual initiative. This legal concept ensures that there is a pathway for concerned individuals or groups to step in when public authorities fail to act, preserving the ability of the law to function as a check on power and a promoter of the common good.
