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| Version 3 | Version 4 |
|---|---|
| Bank test case needed, judge says | Bank test case needed, judge says |
| (4 days later) | |
| Bank customers reclaiming overdraft charges in court will continue to face a lottery unless a test case is heard, a senior county court judge has said. | Bank customers reclaiming overdraft charges in court will continue to face a lottery unless a test case is heard, a senior county court judge has said. |
| Stephen Gerlis, who speaks for all district judges in London, said the number of cases was "unprecedented". | Stephen Gerlis, who speaks for all district judges in London, said the number of cases was "unprecedented". |
| He was speaking after a judge in Hull threatened to strike out 20 claims. Most previous rulings have gone in favour of customers. | He was speaking after a judge in Hull threatened to strike out 20 claims. Most previous rulings have gone in favour of customers. |
| The judge said all sides should let a case reach the Court of Appeal. | The judge said all sides should let a case reach the Court of Appeal. |
| To date the banks have avoided contesting hearings to avoid a legal precedent being set that could potentially cost them millions. | To date the banks have avoided contesting hearings to avoid a legal precedent being set that could potentially cost them millions. |
| Judges have therefore tended to automatically find in favour of the claimant without formally setting a precedent. | Judges have therefore tended to automatically find in favour of the claimant without formally setting a precedent. |
| In the Hull case, District Judge Ian Besford cited a hearing won by Lloyds TSB in Birmingham. The ruling was not binding but other judges are entitled to follow it if they wish. | In the Hull case, District Judge Ian Besford cited a hearing won by Lloyds TSB in Birmingham. The ruling was not binding but other judges are entitled to follow it if they wish. |
| Judge Gerlis told BBC Radio 4's Money Box programme the legal system currently has no mechanism to quickly resolve the issues emerging from the "mass litigation". | Judge Gerlis told BBC Radio 4's Money Box programme the legal system currently has no mechanism to quickly resolve the issues emerging from the "mass litigation". |
| BBC Radio 4's Money Box was broadcast on Saturday, 2 June 2007 at 1204 BST. | |
| The programme was repeated on Sunday, 3 June 2007 at 2102 BST. |