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I received this yesterday from my local county court:
IT IS ORDERED THAT:
1) This case is stayed with immediate effect pending the final determination of the case in the commercial court. Any listed hearings in this case are vacated and will not take place.
2) Either party may apply to the court to lift the stay. Any application must be served on the other party and be supported by evidence why the case should proceed before the determination of the Commercial Court case.
3) Unless the court has giveen directions in the meantime the Defendants must apply on notice to the Court for directions not later than 3 months after the determination of the Commercial Court case.
4) This order being made on the courts own initiative, either party may apply to vary or revoke it provided the application is made not later than 7 days after service of this order.
Explanation
The very many cases about bank charges that are being brought raise issues of principle that need to be decided by the High Court, in particular whether bank charges paid can be recovered because the contract with the bank imposes an unlawful penalty, or because the terms of the contract are unfair and infringe legislation. The Office of Fair Trading and several banks are co-operating to have the major issues that arise in many of the cases decided by the High Court. The Commercial Court decision should be known by february 2008. It is appropriate for this case and many others to await the decision of the Commercial Court.
Comments are wellycome guys, still up in the air about what I am going to do....
Loulou
xxx
IT IS ORDERED THAT:
1) This case is stayed with immediate effect pending the final determination of the case in the commercial court. Any listed hearings in this case are vacated and will not take place.
2) Either party may apply to the court to lift the stay. Any application must be served on the other party and be supported by evidence why the case should proceed before the determination of the Commercial Court case.
3) Unless the court has giveen directions in the meantime the Defendants must apply on notice to the Court for directions not later than 3 months after the determination of the Commercial Court case.
4) This order being made on the courts own initiative, either party may apply to vary or revoke it provided the application is made not later than 7 days after service of this order.
Explanation
The very many cases about bank charges that are being brought raise issues of principle that need to be decided by the High Court, in particular whether bank charges paid can be recovered because the contract with the bank imposes an unlawful penalty, or because the terms of the contract are unfair and infringe legislation. The Office of Fair Trading and several banks are co-operating to have the major issues that arise in many of the cases decided by the High Court. The Commercial Court decision should be known by february 2008. It is appropriate for this case and many others to await the decision of the Commercial Court.
Comments are wellycome guys, still up in the air about what I am going to do....
Loulou
xxx
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