Lloyd's Law Reports Plus

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

OFFICE OF FAIR TRADING v ABBEY NATIONAL PLC AND OTHERS

[2010] Lloyd's Rep Plus 11

SUPREME COURT

Before Lord Phillips, President, Lord Walker, Lady Hale, Lord Mance and Lord Neuberger

Banking - Overdraft charges - Banks charged customers substantial charges for overdrafts on current accounts - Whether charges formed part of the price of the account or ancillary charges subject to assessment under the Unfair Terms in Consumer Contracts Regulations 1999, Regulation 6(2) - Council Directive 93/13/EEC on unfair terms in consumer contracts, article 4(2) - Whether preliminary reference to the European Court of Justice should be made - EC Treaty, article 234.

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