Source: All England Reporter
Publisher Citation: [2009] All ER (D) 271 (Nov)
Neutral Citation: [2009] UKSC 6
Court: Supreme Court
Judge:

Lord Phillips P, Lord Walker, Lady Hale, Lord Mance and Lord Neuberger SCJJ
Representation Richard Brent (instructed by Ashurst LLP) for Abbey National plc.
  Jonathan Sumption QC and Andrew Mitchell (instructed by Simmons & Simmons) for Barclays Bank plc.
  Richard Salter QC and John Odgers (instructed by Addleshaw Goddard LLP) for Clydesdale Bank plc.
  Robin Dicker QC (instructed by Allen & Overy LLP) for HBOS plc.
  Mark Hoskins QC, Daniel Toledano QC and Patrick Goodall (instructed by Freshfields Bruckhaus Deringer LLP) for HSBC Bank plc.
  Bankim Thanki QC and James Duffy (instructed by Lovells LLP) for Lloyds TSB Bank plc.
  Geoffrey Vos QC and Sonia Tolaney (instructed by Slaughter and May) for Nationwide Building Society.
  Laurence Rabinowitz QC and David Blayney (instructed by Linklaters LLP) for Royal Bank of Scotland Group plc.
  Jonathan Crow QC, Richard Coleman, Jemima Stratford and Sarah Love (instructed by the General Counsel, Office of Fair Trading) for the respondent Office of Fair Trading.
Judgment Dates: 25 November 2009

Catchwords

Contract - Consumer contract - Unfair terms - Banks - Contract terms allowing imposition of charges by banks following customer requests to make payments where insufficient funds in personal accounts - Investigation by regulatory authorities - Whether terms subject to assessment of unfairness - Unfair Terms in Consumer Contracts Regulations 1999, .

The Case

Contract Consumer contract. The Supreme Court held that, on the true construction of reg 6(2)(b) of the Unfair Terms in Consumer Contract Regulations 1999, the fairness of appellant bank charges levied on personal current account customers in respect of unauthorised overdrafts could not be challenged by the respondent OFT as excessive in relation to the services supplied to the customers.

Practice Areas

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