OFT v Banks Judgment 25th November 2009 - 9.45am- Supreme Court - Test case

[Dougal16T]

Re: OFT v Banks Judgment 25th November 2009 - 9.45am- Supreme Court - Test case

A very good morning to you all,
Well that all makes very interesting reading and viewing....I always say 'it ain't over till the fat fella sings'.........(I really must go on a diet!) :beagle:

Best wishes to everyone,

Dougal

[EXC]

Re: OFT v Banks Judgment 25th November 2009 - 9.45am- Supreme Court - Test case

I would add that there has been a similar campaign on bank charges in Australia as there has been in the UK. You will note that their defence is the same as the one here:

Yes the legal arguments are very similar to here. The OFT were advising the Australian regulator before the Supreme Court judgment.

[Amethyst]

Re: OFT v Banks Judgment 25th November 2009 - 9.45am- Supreme Court - Test case

Lord Neuberger is taking over from Lord Phillips as the new President of The United Kingdom Supreme Court from September. Lord Phillips is retiring.

LORD NEUBERGER
119. I also would allow this appeal for the reasons given by Lord Walker and Lord
Mance, and would grant the relief proposed by Lord Walker in paragraph 51.
120. I also agree with Lord Phillips, whose reasons are, I think essentially the same as
those of Lord Walker and Lord Mance. On the one issue on which there may be some
disagreement, namely whether the resolution of the dispute as to the interpretation of
article 4(2) is acte clair, I share Lord Mance’s scepticism as to whether the Court of
Justice would adopt the meaning accepted by the Court of Appeal. However, like Lord
Phillips, I consider that it is possible that the Court of Justice would adopt such an
interpretation, and therefore, if the resolution of that issue were essential to the
determination of this appeal, I would, very reluctantly, have concluded that a reference
was required. However, as he says, it is unnecessary for the issue to be resolved for the
purpose of this appeal – as explained by Lord Walker in para 50, and by Lord Mance in
paras 116 and 117.

[EXC]

Re: OFT v Banks Judgment 25th November 2009 - 9.45am- Supreme Court - Test case

Lord Neuberger is taking over from Lord Phillips as the new President of The United Kingdom Supreme Court from September. Lord Phillips is retiring.

Well you never know, Lord Neuberger might just be sitting on a bank charges case in the not too distant future :beagle:

[EXC]

Re: OFT v Banks Judgment 25th November 2009 - 9.45am- Supreme Court - Test case

Ooops talk of the devil, the OFT are going to review the current account market again http://www.legalbeagles.info/forums/forum.php

[MIKE770]

Re: OFT v Banks Judgment 25th November 2009 - 9.45am- Supreme Court - Test case

Is that what is going on about end Julyish???

[EXC]

Re: OFT v Banks Judgment 25th November 2009 - 9.45am- Supreme Court - Test case

Is that what is going on about end Julyish???

It starts now and is due to finish by the end of the year.

It's basically to decide if they should refer the current account market to the Competition Commision who have significantly more powers than the OFT. For example it was the Competition Commision who effectively wiped out the PPI industry by banning single-premium PPI and the selling of all PPI at the point of sale - something the FSA didn't have the power to do.

[MIKE770]

Re: OFT v Banks Judgment 25th November 2009 - 9.45am- Supreme Court - Test case

It starts now and is due to finish by the end of the year.

It's basically to decide if they should refer the current account market to the Competition Commision who have significantly more powers than the OFT. For example it was the Competition Commision who effectively wiped out the PPI industry by banning single-premium PPI and the selling of all PPI at the point of sale - something the FSA didn't have the power to do.

Thankyou Exec for that information, greatly appreciated.

[Dougal16T]

Re: OFT v Banks Judgment 25th November 2009 - 9.45am- Supreme Court - Test case

Is that what is going on about end Julyish???

Morning all,

It could well be....but I am sure someone will keep you all posted. Not allowed to say much at present...!

Regards
Dougal

[EXC]

Re: OFT v Banks Judgment 25th November 2009 - 9.45am- Supreme Court - Test case

[Dougal16T]

Re: OFT v Banks Judgment 25th November 2009 - 9.45am- Supreme Court - Test case

Thanks for the support........we WILL succeed !

Best wishes
Dougal

[enaid]

Re: OFT v Banks Judgment 25th November 2009 - 9.45am- Supreme Court - Test case

I really hope you do succeed, you should just for effort xxxxx

[EXC]

Re: OFT v Banks Judgment 25th November 2009 - 9.45am- Supreme Court - Test case

Thanks for the support........we WILL succeed !

Best wishes
Dougal

You're welcome.

[Dougal16T]

Re: OFT v Banks Judgment 25th November 2009 - 9.45am- Supreme Court - Test case

Morning all,

A minor technical glitch....

We are back to the originating Court for an Appeal by HSBC to be heard (possibly), and then onto a higher Court after that....!

However it all looks good.

Best wishes and thanks to all.

Dougal

[MIKE770]

Re: OFT v Banks Judgment 25th November 2009 - 9.45am- Supreme Court - Test case

HSBC trying for a Limitation Exercise?