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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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