(745)  FAIRNESS OF BANK CHARGES: SCOTS LAW AND ENGLISH LAW

Last August Scots Law News noted (No 675) the courageous decision of Sheriff Derek Pyle at Inverness not to sist a case before him challenging the fairness of bank charges in order to await the outcome of a test case on the matter being brought in the English High Court.  Now Sheriff Pyle has done it again, in a judgement published on 20 February 2008 and available here: http://www.scotcourts.gov.uk/opinions/SC43_07.html.  The case is called Clydesdale Bank v Wright.  Sheriff Pyle reiterates his view that Scots law is not necessarily to be seen as identical to English law simply because the original statement on the law is the same”. Some 26 of the 410 such cases in Scotland were not sisted: this could not be described as a burden on the courts.  “Doubtless