Sheriff puts Bank of Scotland to proof on bank charges

[JonCris]

They're trying to find a way to wriggle out of it.

 

By keeping it out of SC the claimant could be liable for costs which must be quite intimidating. I hope GLCs client doesn't agree to a settlement without going to court.:-|

 

In order to provide justice & irrespective of track & if asked a court can protect an ordinary claimant against costs particularly where it can be argued there is a public interest

[JonCris]

No matter if decided in the Scottish Courts litigated matters based on UK wide statute does have a bearing on the English Courts

[JonCris]

I can see this going to the EU as a breach of 'Right to Fair Trail'

 

The McLibel 2 where awarded damages against the UK because they had to fight their case without benefit of legal aid. So I don't think the they will be impressed that the banks can use their deep pockets to frustrate justice. Also does anyone know the background of this Sheriff?

[JonCris]

Hi Mike

 

Did you catch yesterdays news with regards to the Court of Appeal / OFT and the banks still wanting to appeal?

 

 

Why? the SC gave them a favourable finding

[JonCris]

It is I fear the case that the SC declined to rule other parts of the regs out, rather than ruling them in. Appellate courts never like to rule things out.

 

Quite & the SC should have referred it to Europe

[JonCris]

IMHO the court erred in that they did not consider the Francovitch Principal. They should have ruled on ALL aspects of the matter including fairness & not just the narrow arguments used. In other words they should have scrutinized the WHOLE of the contract to see if it complied FULLY with the law

[JonCris]

We're all wondering that BUT then it does pay for all of the FREE banking if you want to believe the banks that is, the SC certainly did

[JonCris]

Sorry Sue but the learned lady is I believe wrong We use the courts all time to challenge both business practice AND government doctrine & sometimes we win