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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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Switalskis—Laura Ornsby

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NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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