fecking judges

[ratewhore]

Bank wins charges case, full story here

This is an interesting quote when you think about IR35:

"The judge appears not to have looked behind the words on the contractual document,"

[Flubster]

Bank wins charges case, full story here

This is an interesting quote when you think about IR35:

Ratewhore is Denny and I claim my 5 scrotes...

[Kyajae]

Bank wins charges case, full story here

This is an interesting quote when you think about IR35:

Give it about er, um, 9 seconds and it will become precedent law. Basically, the judgement is carte blanche to shaft us.

[ratewhore]

Ratewhore is Denny and I claim my 5 scrotes...

[Burdock]

Bank wins charges case, full story here

[threaded]

Bank wins charges case, full story here

This is an interesting quote when you think about IR35:

One should always bare in mind that the legal system exists to perpetuate the legal system. So, by making an obviously ludicrous judgment the legal system now has to go through the whole process of an appeal.

This will mean the judges, barristers, lawyers and associated flunkies of the legal establishment get a 'second bite of the cherry' that is the fees for the case.

Getting paid twice or more times for doing the same job in the vain hope that you get them to do it right this time is something lawyers seem to aim for.

[ASB]

Good. Right decision if you ask me. Not a popular view but if the charges were laid out in the agreement then the worst they are is, in my view, onerous.

[Burdock]

Good. Right decision if you ask me. Not a popular view but if the charges were laid out in the agreement then the worst they are is, in my view, onerous.

and unlawful, considering contract law states penalties must be fair and proportional...and it has been estimated that each charge costs the bank less than a quid.

[AtW]

ASB is right - banks sure took the piss, but now consumers thought it is their turn: neither is right here - in any case banks will get back their cash using other "legitimate" charges.

[ASB]

and unlawful, considering contract law states penalties must be fair and proportional...and it has been estimated that each charge costs the bank less than a quid.

In the case of non specific penalties then I would agree. I'm not sure that contract law does state that specfic penalties must be proportionate, however it does implicity state they must be fair (by virtue of the unfair contract terms legislation).

The banks argument seems to be that it is in fact a service, the cost of which was documented.

It'll be interesting to see if there is an appeal and what happens.