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No they haven't they simply can't take it forward as the argument of fairness comes down to individual cases and not the product overall, which is why they can't take the case forward. The judges can't take a SC's verdict into any real consideration if peoples POC's are changed as they are effectively a different beast altogether.
I am not talking about them taking it forward, I am talking about the fact they did the court case in the first place,
If they did nothing people during the last 2 years and today would still be winning individual cases as before.
Also the fact they did one case for 2 very different things returned items and unauthorised overdrafts.