Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

[natweststaffmember]

Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

Just to clarify on the "trolley"
Its not going through anyones window as the legal justice mechanism has to run its course, before "natural" justice takes over.
Apologies for not making that clear.

Query for you nattie: whats your opinion on your exboss having his windows bricked last week?
Still working on a letter to get my bricks back
He (shred) really is/was a "Beacon" of the Banks in terms of how they are perceived.

Hope that answers the question
I am sure I have said that here or somewhere on the internet before.

[Sapphire]

Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

You said it here Fred Goodwins house vandalised - Legal Beagles post #5

[EXC]

Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

Just having a re-read of the original litigation agreement it would seem that if the HoLs were to find in favour of the banks and the OFT were granted permission to apeal to the European Court of Justice, the OFT could apply to have the hearing of the substantive issues (the question of whether the charges are actually unfair) heard before a ECJ hearing.

In fact the agreement allows for the OFT to apply for the trial of the substantive issues now - regardless of whether appeals on the preliminary issues (whether the UTCCR apply) have been exhausted but of course the OFT would need to complete their investigation and declare the charges as unfair first.

4.1 (b) ''but the OFT reserves the right to apply at any stage for the trial of the substantive issues to be held before any appeal (at any level) is heard, or for any appeal to be stayed pending the trial of the substantive isssues.''

[EXC]

Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

I'll get an update later today on the appeal.

There are some interesting figures on appeals to the House of Lords for 2006 - the most recent figures available.

http://www.parliament.uk/documents/u...lStats2006.pdf

[EXC]

Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

According to the Judicial Office the banks have not filed their petition to appeal yet - the deadline is tomorrow.

The 'petition to appeal' is not what it sounds. The banks have already been granted leave to appeal and the petition to appeal is the first stage of the banks' submissions to the court of documents.

No word on when the appeal hearing is likely to take place but we might have an indication next week.

[Amethyst]

Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

Do the time limits get ummm loosened because of the easter break? Don't think the HoL is sitting till the 20th.

[EXC]

Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

I did check with them It's due by tomorrow.

I suspect the time limits for this procedural stuff are set in stone. . I think the Judicial Office opens all year regardless of the sitting calendar.

[Amethyst]

Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

Just bumping this post from other thread

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.

[trusco]

Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

Do you know if the petition was filed today?

i suspect it was but it might make an interesting twist if not!

[trusco]

Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

Bump

[natweststaffmember]

Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

Do you know if the petition was filed today?

i suspect it was but it might make an interesting twist if not!

Have spoken to the Judicial Office just now who advised me that they put in the paperwork on 6th April 2009(will have a word with EXC because he has been told something different). It is not yet listed but need to speak to someone else on Monday about that.

[trusco]

Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

Thanks

[EXC]

Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

Yep I got more or less the same as Nattie. Although the information from the JO can be a little inaccurate they are helpful with procedural updates - more so than the high court - and maybe that's because of the attachment to the HoLs which. at least. is supposed to be an institution of democracy and has to be seen to be open.


The hearing should be a stonker.

[Amethyst]

Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

So Petition of appeal definately filed on 6th then?

[natweststaffmember]

Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

I got a yay from HOL so back over to Exc for a yay or a nay.
I asked them when it was filed because permission was granted 31st March 2009 and I thought that the paperwork had been filed pretty sharpish.