The High Court judgment which overturned the guidelines on what could be deemed an election expense was delivered on 16 May 2002, on the eve of the general election, by which time candidates' campaigns were concluding. The commission clearly stated it would not be appropriate to refer a file to the Director of Public Prosecution where, specifically as a result of the judgment, it was found that an overspend had occurred during the general election. In arriving at this decision it had regard for the fact that the High Court decision was delivered on 16 May, the last day of the campaign. Prior to this, agents and candidates were entitled to assume that the rules on spending were as set out in the relevant legislation and reflected in the guidelines published by the commission.