header-logo header-logo

Banking on competition

07 January 2010 / Veronica Bailey
Issue: 7399 / Categories: Features , LexisPSL
printer mail-detail

Is competition law the way forward for consumers? asks Veronica Bailey

The banks may have rejoiced at the Supreme Court decision in The Office of Fair Trading v Abbey National plc & others [2009] EWCA Civ 116, [2009] All ER (D) 270 (Feb) that the OFT does not have power under the Unfair Terms in Consumer Contract Regulations 1999 (SI 2009/2083) (UTCCR) to assess the fairness of the banks charging terms, but this is unlikely to be the final chapter of this saga.

The banks’ appeal to the Supreme Court was confined to the narrow issue of deciding whether the OFT had power under the UTCCR to investigate whether the system of charging personal current account holders was fair. The unauthorised overdraft charges were part of the “price or remuneration” for the services and as such fell within the exemption of reg 6(2)(b) and could not be challenged by the OFT for fairness, the Supreme Court held.

In what has been described as a “reverse Robin Hood” approach, unauthorised overdraft or insufficient funds charges are largely incurred by low income and low saving consumers

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll