header-logo header-logo

26 February 2009
Categories: Legal News , Banking , Commercial
printer mail-detail

Legal comfort for banks

Retail banks successful in unarranged overdraft charges test case

The ruling, OFT v Abbey National & Ors [2009] EWHC 36 (COMM) concerns the terms relating to overdraft facilities of certain historic current accounts of Lloyds TSB, RBS and Abbey National PLC. Mr Justice Andrew Smith held the historic terms applying to accounts at Lloyds TSB and three out of four at RBS Group were not capable of amounting to penalties at common law.
The OFT launched its test case against the banks in July 2007. The case, on whether the fairness rules of the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083) apply to unarranged overdraft charges and whether these amount to penalties at common law, is part of the OFT’s wider investigation into the fairness of unarranged overdraft charges. Peter Clough, head of disputes at Osborne Clarke, says: “This ruling will offer some comfort for the retail banks. Given the turmoil in the banking sector had not kicked in when this litigation started, it will be interesting to see whether the OFT now pushes

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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll