OFT Test Case - as it happens

[Amethyst]

Re: Day 1 - OFT Test Case - as it happens

See DAY 2 - OFT Test Case - as it happens - Legal Beagles for Day 2

[EXC]

Re: Day 1 - OFT Test Case - as it happens

agnes

Yes I think the lack of public attending is suprising too. A rough guess would be that average public attendance for the firat 2 day was just 8

scoobydoo

Criminal? Shifty? That's libelous woman! But your point about the 'bundle' of services was one that the judge raised with Rabinowitz and I don't think he was too convinced with his answers.

[scoobydoo]

Re: Day 1 - OFT Test Case - as it happens

:roll:Hi

but good to put a face to the name.

Glad the judge was not convinced with the answers. It seems to me they are adapting explanations for the charges as they go along - and that one does not add up. As I said on another post I am slightly confused as to what will happen if each bank uses a different explanation for the charges.And if they dont why would they each employ their own expensive representation?

Jan

[EXC]

Re: Day 1 - OFT Test Case - as it happens

I don't think the differences in the bank's explainations or actual T&C's are that much of an issue but I'm not clear as to why that is but it's maybe the general principal of their charging structure that's important. Certainly Rabinowitz who clearly is co-ordinating the whole defence hasn't drawn any distinction between the charges of particular banks and none of the the eight banks who spoke yesterday seemed to make that an issue.

Tom told me that all the banks would be contributing to Rabinwitz's bill in some way.

[EXC]

Re: Day 1 - OFT Test Case - as it happens

Tom also reckoned that the reported £1000 a day the QCs were on would not apply to Rabinowitz, who's more likely to be charging that amount an hour!

[enaid]

Re: Day 1 - OFT Test Case - as it happens

Tom also reckoned that the reported £1000 a day the QCs were on would not apply to Rabinowitz, who's more likely to be charging that amount an hour!

Now that is criminal and shifty IMO msl:

[Xena]

Re: Day 1 - OFT Test Case - as it happens

would not apply to Rabinowitz, who's more likely to be charging that amount an hour!

No wonder he is for the charges regime if on that sort of money!!!

Bloody hell!!!

[agnes]

Re: Day 1 - OFT Test Case - as it happens

[quote=EXC;40389] Certainly Rabinowitz who clearly is co-ordinating the whole defence hasn't drawn any distinction between the charges of particular banks

Now this point has always interested me, I know it is another issue altogether, but how come no one has ever questioned the banks collusion from the beginning of these £30, £35 charges, when did it take place?

[Tools]

Re: Day 1 - OFT Test Case - as it happens

DIARY of the OFT Test Case - as it happens - EXC

Day 4 - OFT Test Case report - Legal Beagles

[Amethyst]

Re: Day 1 - OFT Test Case - as it happens

DAY 5 OFT test case - Legal Beagles

[scoobydoo]

Re: OFT Test Case - as it happens

gosh day 8 sounds not so good! I hope the OFT have not hired a "donut" All could depend on his handling this case.

But I still do not understand why the banks did not pull out all the stops months ago. Why wait till now when forced to.

Fingers crossed for tomorrow.

Jan

[Amethyst]

Re: OFT Test Case - as it happens

Days 6,7 and 8 now added DIARY of the OFT Test Case - as it happens - EXC - Legal Beagles

[Amethyst]

Re: OFT Test Case - as it happens

9,10,11,12 - DIARY of the OFT Test Case - as it happens - EXC - Legal Beagles


DAY 13 - Legal Beagles

[EXC]

Re: OFT WIN

Judgment Day

The handing down of the judgment took place in the victorian splendour of the Royal Courts of Justice in the Strand, a stones throw from the venue for the test case hearing, the International Disputes & Resolution Centre.

The theatre style courtroom no 73 was the same room used for the Diana inquest and had a much more serious atmosphere than the IDRC which was no more than a large office.

Before proceedings commenced, there was great speculation in the public & press gallery as to what format the handing down of the judgment would take and if the event would include a case management conference. Would the judge simply read the entire judgment out and then give his decision? How long would this all take?

All the familiar test case faces were there with the addition of Martin Lewis and the notable exception of OFT QC, Brian Doctor.

At 10.00 sharp the judge took his seat and the packed courtroom rose and sat back down. He then read his conclusions - the final page of the written judgment - and within 60 seconds we knew the result. Justice Smith then called for a brief adjournment to allow the press to grab a copy of the judgment and dash into the corridor and release the news.

The rest of what turned out to be a very short event was a discussion between Justice Smith and the OFT’s number 2 legal representitive, Richard Coleman. on the subject of the date for the all important case management conference.
The date of 8 May was first suggested but due to prior commitments for Lawrence Rabinowitz and several other bank Qcs, the 22 May was offered.

Both these dates seemed to be less than attractive to the OFT, citing the ‘’unavailability’’ of their counsel. In the end the judge decided on the 22nd .

The OFT appeared to be keen on securing the furthest date possible and reading between the lines I got the impression that Brian Doctor would no longer be representing the OFT and that the regulator was playing for time to appoint and brief his replacement. I got the impression that Doctor’s non-appearance and apparent exclusion from the forthcoming CMC was a very recent development

Although listed to last all day, the entire event lasted no more than an hour.



Awards

Worst dressed attendee: Martin Lewis. Scruffy jeans and un-ironed shirt, hanging out.

Worst tie: I thought Justice Smith's choice of neck-wear was a touch on the bold side for such an occasion. But from where I was sitting I wasn't that sure if it was actualy a tie at all, or if he'd been sick.

Courtroom cutie: Blonde, blue-eyed Californian, Megan Murphy.

Most irritating lawyer: A non paticipating A&L legal representitive who, despite the clear and strict rules on using mobiles and internet devices in court, thought it perfectly acceptable to spend the entire time on her blackberry.

[Amethyst]

Re: OFT WIN

Wow well a busy day and definately an experience. If any one can manage to get down to any of the forthcoming hearings of this test case then do !

Think we were in the room all of 10 minutes, got the judgement read out, picked up the full copy and left in the mad press rush to make calls and get stuff up on here. Was good to hear a lady from channel four call her colleague and say We Won !

Was good to see Martin there, he certainly attracted the most press attention on the court steps after !

RJC is a lovely building, historical but not at all intimidating. The courtroom was packed and we were pretty much last to arrive. The majority were press and lawyers, not many members of the general public as far as I could make out.

Not a lot I can add to what EXC has said. The Judge did say before reading the conclusions that the draft judgement had been responded to by the banks lawyers with suggestions, some of which had been taken into account in the final one, but that it had had no significant impact on the outcome.

Great to meet Tom Brennan, (he's a pretty amazing guy) and good to meet Budgie and see EXC again. And cheers Tools for driving ! 6 hours travelling for a 6 minutes judgement but soooo worth the effort.

I'll probably add a bit tomorrow as I'm pretty knackered. lol. I'll also go and correct the spellings in the speedy type ups we did straight after the judgement.