Test case - documents

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Policy for publication of test case documents on our website
Banks defence and counterclaim documents

Policy for publication of test case documents on our website

We recognise the importance of being as open as we can about our work on personal current accounts, what we are doing, how long it is likely to take and how we will engage with stakeholders. So we have made our personal current accounts website as up-to-date and useful a source of information as we can.

Owing to the public's interest in the test case, and suggestions from stakeholders and the court service, we will publish some of the test case court documents on the website.

When deciding which documents to publish, and when, we will consider things like:

confidentiality restrictions, and
whether a document increases understanding of the case.

Generally, we will publish documents that are publicly available from the court, for example the 'statements of case' (minus attachments).

We will not automatically publish other types of documents which are only available on application to the court, but you can put a request to us.

In each case, we will consider:

whether it is in the public interest to disclose the information, and
whether it will increase understanding of the test case.

Where the answer to either of these questions is 'no', we will not disclose it at that time. But, when the test case is finished, we will reconsider whether any documents not disclosed during the case, should be disclosed.

We have published Schedules A and B to the particulars of claim, even though they were not publicly available. This is because we decided that it was in the public interest to publish them and the court and the other parties to the case agreed. Publication of these Schedules should not be taken as setting a precedent for disclosure of other restricted documents, any disclosure will only be made after carrying out the assessment set out above and getting any necessary agreement from others.

If you wish to access a court document which is not available on the website, or offer any other suggestions about improving understanding of our work, please email retailbanking.study@oft.gsi.gov.uk.

All files are pdf unless specified

25 November 2009
Supreme Court of Appeal judgment (149 kb)
Supreme Court of Appeal press summary (115 kb)
Bank Charges Order (305 kb)

26 February 2009
Court of Appeal judgment on bank charge test case (240 kb)

21 January 2009
High Court judgment on bank charge test case (70 kb)

28 October 2008
High Court Sealed Order dated 24 October 2008 (502 kb)

9 October 2008
High Court judgment on bank charge test case (151 kb)

17 June 2008
High Court sealed order (401 kb)