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18 September 2008 / Stuart Mcneill
Issue: 7337 / Categories: Features , Commercial
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An expensive fight

Banks cannot afford to lose their battle with the OFT over bank charges, says Stuart McNeill

In April this year judgment was handed down in the first part of the eagerly awaited test case brought by the OFT against the UK's leading high street banks seeking a ruling on the fairness of their unauthorised overdraft charges (Office of Fair Trading v Abbey National plc and others [2008] EWHC 875 (Comm), [2008] All ER (D) 349 (Apr)). Eight banks had asked the OFT to bring the test case, partly to limit the huge number of cases that were being taken by aggrieved customers in county courts all over the UK—which were stayed pending the decision—and partly to try to bring certainty to a revenue stream estimated to gross them around £2.6bn in 2006. Although the initial press coverage suggests that the OFT was successful, this is only part of the story.

The test case

The test case sought a ruling on whether the charges, both historical and current, were: (i) caught by the Unfair Terms

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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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