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07 January 2010 / Veronica Bailey
Issue: 7399 / Categories: Features , LexisPSL
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Banking on competition

Is competition law the way forward for consumers? asks Veronica Bailey

The banks may have rejoiced at the Supreme Court decision in The Office of Fair Trading v Abbey National plc & others [2009] EWCA Civ 116, [2009] All ER (D) 270 (Feb) that the OFT does not have power under the Unfair Terms in Consumer Contract Regulations 1999 (SI 2009/2083) (UTCCR) to assess the fairness of the banks charging terms, but this is unlikely to be the final chapter of this saga.

The banks’ appeal to the Supreme Court was confined to the narrow issue of deciding whether the OFT had power under the UTCCR to investigate whether the system of charging personal current account holders was fair. The unauthorised overdraft charges were part of the “price or remuneration” for the services and as such fell within the exemption of reg 6(2)(b) and could not be challenged by the OFT for fairness, the Supreme Court held.

In what has been described as a “reverse Robin Hood” approach, unauthorised overdraft or insufficient funds charges

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
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