On Thursday 26th February, the Court of Appeal handed down its judgment in the appeal from Mr. Justice Andrew Smith’s July 2008 decision on certain preliminary issues in the bank charges litigation. The appeal, which was heard over two weeks in October and November, considered whether the banks’ unauthorised overdraft charges are subject to an assessment of fairness under the Unfair Terms in Consumer Contract Regulations 1999.
Fountain Court Chambers continues to be heavily involved in this high-profile banking litigation, with ten members of chambers currently acting for parties on both sides of the proceedings as follows:
- OFT: Richard Coleman (instructed by the OFT).
- Barclays: Andrew Mitchell and Simon Atrill – instructed by Simmons & Simmons (Colin Passmore).
- HBOS: Timothy Howe QC and James McClelland – instructed by Allen & Overy (Marc Florent).
- HSBC: Patrick Goodall – instructed by Freshfields Bruckhaus Deringer (Simon Orton).
- Lloyds TSB: Bankim Thanki QC, Richard Handyside, Edward Levey and James Duffy – instructed by Lovells (Andrea Monks/Philip Parish).
