Bank Charges OFT Test Case Discussion

OldJon

There has been very good daily coverage of the case on the Legal Beagles site which makes very interesting reading & I think it looks promising from the OFT's point of view although its dangerous to speculate before judgement. The issue of stays at the moment seems to rest entirely with the courts, the judge has already said he will make a recommendation to the courts when he makes his judgement.The Banks didn't like this as they were hoping for the stays to be in place until after all appeals, although it is not certain that the judge will lift the stays .... he's only gone as far as to say he will make a recommendation.

borgbaiter

hi

the judge was put on the spot by the banks QC's. they wanted an indication of what he was going to decide before hed decided. i think they hoped he would so they could then claim a miss trial as the judge had already made up his mind.

i think it may be not what we wanted to hear but it was inevitable we have to await the judges considered opinion.


Borgbaiter

Tozer

borgbaiter wrote: »

hi

the judge was put on the spot by the banks QC's. they wanted an indication of what he was going to decide before hed decided. i think they hoped he would so they could then claim a miss trial as the judge had already made up his mind.

i think it may be not what we wanted to hear but it was inevitable we have to await the judges considered opinion.


Borgbaiter

Oh if it was only so easy to trick High Court Judges.

Judges are never "put on the spot" by Counsel - and no Counsel ever tries to force a retrial (we don't have mistrials in this country) as it would have to start all over again which is clearly not in the interests of anyone.

Nathan_Spleen

The banks didn't ask the judge for an early reccomendation to the county courts to get a mis-trial. They did it to get leverage on retaining stays and the FSA waiver until a judgement is handed down. They knew full well that the court couldn't make a reccomendation prior to a judgement.

However the judge has made it very clear that he will make a county court reccomendation on his judgement regardless of any appeals being made and if the OFT win, stays and the waiver could well be lifted. But I wouldn't expect the judgement any soon. I think the Easter estimate for it is very optimistic.

Tozer

Nathan_Spleen wrote: »

The banks didn't ask the judge for an early reccomendation to the county courts to get a mis-trial. They did it to get leverage on retaining stays and the FSA waiver until a judgement is handed down. They knew full well that the court couldn't make a reccomendation prior to a judgement.

However the judge has made it very clear that he will make a county court reccomendation on his judgement regardless of any appeals being made and if the OFT win, stays and the waiver could well be lifted. But I wouldn't expect the judgement any soon. I think the Easter estimate for it is very optimistic.

I think the Judge is sensible to refrain from giving a direction until his judgment - particularly as the District Judges in the County Courts won't want to advance the cases until they know what precedent they are required to follow.

I suspect the Judge will reserve his judgment at the end of the hearing and it could be some time before it is actually handed down. This will not be a simple 'win or lose'. It will be pretty complex analysing all of the issues as the trial judge will know his decision will be appealed.

Janeyc_2

What are the chances that the banks will appeal the court judgement at the outcome of the test case?

Nathan_Spleen

Janeyc wrote: »

What are the chances that the banks will appeal the court judgement at the outcome of the test case?

100 percent. In fact the judge said during the hearing that ''it is obvious the case will go beyond this hearing''.

Tozer

Nathan_Spleen wrote: »

100 percent. In fact the judge said during the hearing that ''it is obvious the case will go beyond this hearing''.

I wonder if the OFT will if they lose? Presumably OFT are DTI (or whatever they are called these days) funded.

They may well be less likely to appeal for fear of being accused of wasting taxpayer's money and having to account later.

Nathan_Spleen

Tozer wrote: »

I wonder if the OFT will if they lose? Presumably OFT are DTI (or whatever they are called these days) funded.

They may well be less likely to appeal for fear of being accused of wasting taxpayer's money and having to account later.

The OFT have made it clear they will appeal if need be.

burnley1959

can anyone HELP i have gone through the process of re-claiming bank charges i have reached the point where i have taken Abbey plc to court which was on the 27.9.07 there defence requested that the claim is stayed until further order pending the final decision of the test case

I have not heard anything since but yesterday i recieved a bill for over £300 from the banks solicitors for thier services can anyone help in this matter as i am unsure of the next move