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Podcast Location:
Sorry, this podcast has been removed as it is now out of date
Categories:
Banking and Financial Services
Consumer Law
CPD Points:
Up to one point - details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority / ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain ½ an accredited CPD point (30 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
Standard rate: £45+VAT - Corporate users will pay less.
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

The aim of this CPDcast is to provide the listener with a comprehensive and up-to-date summary of the current position of the litigation against the banks on the issue of bank charges. It sets out the powers of the OFT in relation to investigation and enforcement before discussing the legal arguments and issues raised in the first instance decision.

Outcomes:
After completing the course you will:
  • Have learnt about the nature of the individual claims that proceeded the current test case on this issue;
  • Understand which pieces of legislation apply to bank charges;
  • Be aware of the current stage of the litigation between the OFT and the banks;
  • Understand the arguments presented in the test case.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Unfair Terms in Consumer Contracts Regulations 1999;
  • Enterprise Act 2002;
  • Unfair Terms in Consumer Contracts (93/13/EEC) – EU Directive;
  • Article 95 of the EC Treaty;
  • Director of Fair Trading v First National Bank Ltd [2002] 1 AC 481;
  • For information on the litigation between the OFT and the major banks, see www.oft.gov.uk.

In this podcast, Julian Gun Cuninghame, a barrister at specialist consumer law set Gough Square Chambers, discusses the topical issue of bank charges and their current legal status. The background to the litigation is considered, as is the source of the OFT's powers and the nature of its involvement. The key legal terms are explained and put into the context of the Unfair Terms in Consumer Contracts Regulations 1999.

Podcast Added: 8/8/2008

N.B. An appeal to the UK Supreme Court is currently underway on this matter. We will be sure to update this podcast when their Lordship's make their ruling

This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.

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