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Judicial discretion and doing between the banks and their customers: a critical analysis of the supreme court decision in office of fair trading v Abbey National Plc and others
journal contribution
posted on 2023-06-08, 22:35 authored by Femi AmaoJudges have more discretion in cases than they themselves, legal scholars and practitioners acknowledge. The shape and outcome of the law ultimately depends on the judicial interpretation of its extent, scope and application. Judicial interpretation, it is argued, is influenced by judicial discretion. The core argument of this article is that judicial discretion outweighs other considerations in the Supreme Court’s decision in Office of Fair Trading v Abbey National Plc and Others [2009] UKSC 6, [2010] 1 A.C. 696 (hereafter “the judgment”). The chief purpose of this paper is to identify the pivotal role of judicial discretion in the above case with a view to determining the parameters that informed the Supreme Court’s decision. This article attempts to illustrate that the decision in the judgment rests mainly on the exercise of discretion on certain key issues.
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- Published
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- Published version
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Web Journal of Current Legal IssuesISSN
1360-1326Publisher
Blackstone Press LtdVolume
5Department affiliated with
- Law Publications
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- Yes
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- Yes
Legacy Posted Date
2015-09-24First Open Access (FOA) Date
2015-09-24First Compliant Deposit (FCD) Date
2015-09-23Usage metrics
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