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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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