In July 2007, the OFT, seven banks and one building society, and the Financial Services Authority, signed a litigation agreement with a view to bringing a test case to resolve the relevant legal issues concerning the fairness of unarranged overdraft charging terms under the Unfair Terms in Consumer Contracts Regulations 1999. At section 5 of the litigation agreement, each party agreed to pay its own costs associated with the proceedings.


We have transcripts of most of the days of hearings which are available: You may need to be registered on the forum (REGISTER) to access some of these documents.

Legal Beagles-Judgment / Press summary Supreme court 25th November 2009

Transcripts of hearings/handing down of judgments
25 November 2009
Supreme Court of Appeal judgment (149 kb)
Supreme Court of Appeal press summary (115 kb)
Bank Charges Order (305 kb)

26 February 2009
Court of Appeal judgment on bank charge test case (240 kb)
Official Order 26th February 200921 January 2009
High Court judgment on bank charge test case (70 kb) ( TRANSCRIPT )28 October 2008
High Court Sealed Order dated 24 October 2008 (502 kb)9 October 2008
High Court judgment on bank charge test case (151 kb) ( TRANSCRIPT HANDING DOWN )

( TRANSCRIPT JULY 7th Historicals )

17 June 2008
High Court sealed order (401 kb)
24 April 2008
High Court judgment on bank charge test case (653 kb)


  • oft310108_WM.pdf
  • oft300108_WM.pdf
  • oft290108_WM.pdf
  • oft280108_WM.pdf
  • oft240108_WM.pdf
  • oft230108_WM.pdf
  • oft220108_WM.pdf
  • oft210108_WM.pdf
  • oft180108_WM.pdf
  • oft170108_WM.pdf
  • oft080208_WM.pdf
  • oft060208_WM.pdf

15 November 2007
OFT’s joint reply and defence to counterclaims (940 kb)
Banks defence and counterclaim documents
Abbey National plc (2.5mb)
Barclays Bank plc (377 kb)
Clydesdale Bank plc (326 kb)
HBOS plc (6.2 mb)
HSBC Bank plc (1.1 mb)
Lloyds TSB Bank plc (474 kb)
Nationwide Building Society (583 kb)
Royal Bank of Scotland Group plc (3.6 mb)

15 October 2007
Amended Particulars of Claim (278 kb)
Schedule A to OFT’s particulars of claim (Excel 156 kb)
Schedule B to OFT’s particulars of claim (Excel 586 kb)

31 August 2007
Particulars of Claim (55 kb)

26 July 2007
OFT/Banks/FSA litigation agreement (258 kb)
OFT/RBS/FSA litigation agreement (59 kb)


2007 waiver direction [PDF] 2008 waiver direction – monthly reporting* [PDF] 2008 waiver direction – quarterly reporting* [PDF]


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