header-logo header-logo

Home Login E-newsletter About us
03 December 2009
Issue: 7396 / Categories: Case law , Law reports
printer mail-detail

Banking—Overdraft charges—Fairness

© Copyright LexisNexis 2026. All Rights Reserved.

Office of Fair Trading v Abbey National plc and others [2009] UKSC 6; [2009] All ER (D) 271 (Nov)

Supreme Court, Lord Phillips P, Lord Walker, Lady Hale, Lord Mance SCJJ and Lord Neuberger

The terms and the overdraft charges the subject of investigation by the Office of Fair Trading (OFT) fall squarely within reg 6(2)(b) of the Unfair Terms in Consumer Contract Regulations 1999, SI 1999/2083, and consequently are not open to an assessment of fairness, although they may be challenged on other grounds.

Richard Brent (instructed by Ashurst LLP) for Abbey National plc. Jonathan Sumption QC and Andrew Mitchell (instructed by Simmons & Simmons) for Barclays Bank plc. Richard Salter QC and John Odgers (instructed by Addleshaw Goddard LLP) for Clydesdale Bank plc. Robin Dicker QC (instructed by Allen & Overy LLP) for HBOS plc.

Mark Hoskins QC, Daniel Toledano QC and Patrick Goodall (instructed by Freshfields Bruckhaus Deringer LLP) for HSBC Bank plc. Bankim Thanki QC and James Duffy (instructed by Lovells LLP) for Lloyds TSB Bank plc. Geoffrey Vos QC and Sonia Tolaney

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
Read All
NLJ this week: Sanctions ruling casts ‘wide net’ over global finance
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
NLJ this week: England’s courts cement status as fraud battleground
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
NLJ this week: Mazur ruling puts firms on supervision alert
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
NLJ this week: Landlords’ forced entry powers spark legal divide
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
NLJ this week: Push to scrap ‘vague’ public office misconduct law
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
Copyright © 2026 LexisNexis
back-to-top-scroll