Bank claims should remain on hold
February 10, 2008
The High Court judge that is dealing with the test case on bank charges between the UK’s banks and the Office of Fair Trading has stated that cases that are currently on hold should remain on hold until his judgement has been made.
Tens of thousands of customer claims for the return of bank charges were placed on hold when it was decided that there would be a test case into the issue of bank charges last year, but according to reports the hold on many of these cases is due to automatically end this week.
Justice Andrew Smith stated that these cases should now be placed on hold again along with all other pending claims until he has made a judgement in the bank charges case. The stays were placed on the cases by county courts after the decision was made to hold a test case to clarify the law with regards to bank charges.
The judge stated: “Many proceedings have been on hold in the expectation that this hearing will assist the management of the county court litigation. I haven’t discerned anything during the hearing that undermines that expectation, and I don’t mind that being conveyed to those charged with managing the county court cases.”
However, he added that he could not force the courts to keep these cases on hold of the legal stay has come to an end.
He said: “It is for the county courts to decide how to deal with the cases before them, either as a matter of their own motion or application from the banks or customers or any party. I can’t intervene in the county court cases or go further than that.”
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