House of Lords: banks given leave to appeal

[EXC]

Re: House of Lords: banks given leave to appeal

Odd that Gander is ''not at all surprised'' ?

According to the announcement on his site the Master of the Rolls said the banks had ''no chance'' of the HoLs granting leave to appeal.

I think we can safely place the 'quote' into the already bulging 'Here's one they made up earlier' file.

[natweststaffmember]

Re: House of Lords: banks given leave to appeal

I'm not sure that the breaking news is entirely accurate:
Unless I have misinterpreted the text.(see HoL bit)
Appeals process | Richard Buxton Solicitors

[Amethyst]

Re: House of Lords: banks given leave to appeal

The banks now have to enter their petition to appeal and associated docs by the 15th April - can't find out the timings from then on though. ?

Seems to be six weeks from presentation of appeal to enter statements of appeal - so thats end of May when it will be set down for hearing. Then within 7 days of that they have to give time estimates - THEN the HoL can allocate a hearing date. So will be mid May before we have a hearing date.

3 weeks before the hearing the statements of case etc have to be exchanged then all papers submitted to the house at least 14 days before hearing date.

Lodgment of petition of appeal
4.22 If leave to appeal is given, the petition of appeal (direction 9) must be lodged with the prescribed
fee within 14 days of the date of the Appeal Committee’s decision. Failure to meet this deadline results in
the petition of appeal being lodged out of time and referred to an Appeal Committee pursuant to direction
7.3.


9.14 Once the petition of appeal has been lodged, it is presented to the House and recorded in the House
of Lords Business3.

9.15 Respondents or their agents should enter appearance to an appeal as soon as they have received
service of the petition of appeal, by informing the Judicial Office by post of their name and address or
that of their firm and paying the prescribed fee.


10.1 Within seven days of the presentation of an appeal, appellants must give security for costs by
paying into the House of Lords Security Fund Account the sum fixed by the House1. Failure to do so
results in the appeal being dismissed by default (unless public funding or legal aid has been applied for:
see direction 41.3)


13.1 The Statement and Appendix must be lodged by the appellants within six weeks of the presentation
of the appeal, or within such longer period as may be allowed on petition (see direction 13.3)2.

14.1 An appeal is set down for hearing at the same time as the appellants lodge the Statement and
Appendix3.

14.3 Within seven days of the setting down of an appeal, each party must notify the Judicial Office of
the number of hours that their counsel estimate to be necessary for each of them to address the Appellate
Committee. Subject to any directions by the Appellate Committee before or at the hearing, counsel are
expected to confine their submissions to the time indicated in their estimates. The Judicial Office should
be informed at once of any alteration to the original estimate.

14.4 The average length of appeals before the Appellate Committee is two days, and appeals are listed
for hearing on this basis. Estimates of more than two days must be explained in writing to the Head of
the Judicial Office and may be referred to the Law Lords.

[natweststaffmember]

Re: House of Lords: banks given leave to appeal

Here is an example of what the petition will look like from the McDonalds case in 1999

Petition to Appeal to the House of Lords

[EXC]

Re: House of Lords: banks given leave to appeal

I spose a lot depends on the judicial business calendar.

2009

Hilary: 12th January - Wednesday 8th April 2009
Easter: 21st April - Friday 22nd May 2009*
Trinity: 2nd June - Friday 31st July 2009
Michaelmas: 1st October - Monday 21st December 2009
*Courts will Not sit on Monday 4th May 2009 as this will be a Bank Holiday.

[showergirl]

Re: House of Lords: banks given leave to appeal

It must be a kick in the teeth for the judges who have heard the case and decided that these charges can be assessed for fairness, to have the HOL decide that the banks can appeal.

I for one am disgusted with all the press about the banks and their dodgy dealings for the HOL to allow the banks to drag this out further.

I am ashamed to think that the hard working people of this country are penalised and not allowed to claim what is rightfully theirs, whilst the corrupt are getting away with theft which is what I think these charges are.

It looks like this is going to drag on for a few years yet as I presume the banks will take it all the way to the European Courts.

I would just like to know how the RBS, HBOS and the TSB can justify spending tax payers money to fund this farce.

[natweststaffmember]

Re: House of Lords: banks given leave to appeal

It must be a kick in the teeth for the judges who have heard the case and decided that these charges can be assessed for fairness, to have the HOL decide that the banks can appeal.
They don't really care if either party uses their legal right to appeal their decision. Judges never take things to heart.
I for one am disgusted with all the press about the banks and their dodgy dealings for the HOL to allow the banks to drag this out further.
Fair enough. I am pleased they are being allowed to appeal.
I am ashamed to think that the hard working people of this country are penalised and not allowed to claim what is rightfully theirs, whilst the corrupt are getting away with theft which is what I think these charges are.
I don't think its theft but I believe the level of the charges makes them unfair.
It looks like this is going to drag on for a few years yet as I presume the banks will take it all the way to the European Courts.
If that is their legal right then so be it but it means that claims can go in from 27th July 2001(so a nice savings account at 8% per annum).
I would just like to know how the RBS, HBOS and the TSB can justify spending tax payers money to fund this farceThey're not spending taxpayers money but money that they are making themselves..

Good result in my opinion.

[showergirl]

Re: House of Lords: banks given leave to appeal

Good result in my opinion.

So do you agree with the decision to let the banks appeal and do you think that the outcome will be the same that these charges can be assessed for fairness

[TANZARELLI]

Re: House of Lords: banks given leave to appeal

It was a given really wasn't it.

[EXC]

Re: House of Lords: banks given leave to appeal

Looking on the bright side we now have the opportunity of the highest court in the land to rubber stamp both of the lower court's rulings, putting the matter firmly to bed.

[natweststaffmember]

Re: House of Lords: banks given leave to appeal

So do you agree with the decision to let the banks appeal and do you think that the outcome will be the same that these charges can be assessed for fairness

Without seeing the evidence as it hasn't been submitted for the appeal, I have no opinion on it. The HOL would have to overturn a point of law they have already ruled on so I would be surprised if the judgement changes. However, until you see what they are arguing it would be difficult to judge.

[Budgie]

Well well well, I didn't think it would happen but personally I am actually quite pleased that this is now going to HoL appeal.

Just think about it for a minute.

Those with genuine hardship claims appear to be getting interim payouts anyway. That's great and if they are entitled to anything extra then they will get that at the end of the case.

Exc and I and anyone else who wishes will have the opportunity to pop along to the HoL and see the appeal in action.

and whatever anyone says..........

every day that passes adds a large amount to my outstanding claims in the form of compound interest. Which I will be claiming and securing as part of the eventual settlement of my claim. With savings interest rates as they at present my stayed bank charges claims are potentially a pretty lucrative investment !!!!!!! PMSL

[TANZARELLI]

Re: House of Lords: banks given leave to appeal

Yup thats a better rate than in the Bank lol

[kev2b3]

Re: House of Lords: banks given leave to appeal

Without seeing the evidence as it hasn't been submitted for the appeal, I have no opinion on it. The HOL would have to overturn a point of law they have already ruled on so I would be surprised if the judgement changes. However, until you see what they are arguing it would be difficult to judge.

I believe it will be the same evidence that was heard at the appeal court. I don't think they can add any new evidence at this stage.

[tomterm8]

Re: House of Lords: banks given leave to appeal

So do you agree with the decision to let the banks appeal and do you think that the outcome will be the same that these charges can be assessed for fairness

To the first question, yes. To the second question, yes. To the third question (will the banks appeal to the european courts) yes.