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11 December 2009 / Andrew Head
Issue: 7397 / Categories: Opinion , Banking , Commercial
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The Supreme Court decision of 25 November on bank charges in Office of Fair Trading v Abbey National plc and others is on the face of it surprising.

The Supreme Court decision of 25 November on bank charges in Office of Fair Trading v Abbey National plc and others is on the face of it surprising. It appears to run counter to political and consumer trends.

It is also striking that the Supreme Court reversed not only the first instance judgement but the unanimous decision of the Court of Appeal. There has been a predictable howl of anguish from consumer groups. But is the Supreme Court the villain of the piece or should we point the finger elsewhere? And how does the decision leave the thousands of claimants whose cases have been stayed pending the outcome?

The Supreme Court judgment was the end of a process which started in 2007 with the Office of Fair Trading (OFT) investigating the fairness of terms relating to overdraft charges. The OFT also commenced a study into

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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