Office of Fair Trading v Abbey National plc: fifteen all in the game between the Office of Fair Trading and the banks

Ferris, G. ORCID: 0000-0003-0574-1978, 2009. Office of Fair Trading v Abbey National plc: fifteen all in the game between the Office of Fair Trading and the banks. King's Law Journal, 20 (2), pp. 353-363.

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Abstract

The subject of bank charges has excited considerable press coverage, and some campaigning by consumer groups. Complaints have multiplied, and litigation at the County Court level has increased to worrying levels. Under the Unfair Terms in Consumer Contracts Regulations 1999 the Office of Fair Trading can consider whether terms in consumer contracts are unfair. The OFT have commenced an investigation into bank charges under the Regulations. In Office of Fair Trading v Abbey National plc and others the High Court was asked two questions: whether the contractual terms that imposed bank charges were liable to an assessment for unfairness under the Regulations; and whether the same terms constituted penalty clauses under the common law. The judge ruled in favour of the banks that the clauses were not penalty clauses, and in favour of the OFT that the contractual terms were liable to assessment for unfairness under the Regulations.

Item Type: Journal article
Publication Title: King's Law Journal
Creators: Ferris, G.
Publisher: Hart
Date: 2009
Volume: 20
Number: 2
Divisions: Schools > Nottingham Law School
Depositing User: EPrints Services
Date Added: 09 Oct 2015 10:48
Last Modified: 09 Jun 2017 13:39
URI: http://irep.ntu.ac.uk/id/eprint/18305

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