Banks lose overdraft charges case
Mr Justice Andrew Smith's decision will affect millions of bank customers
The UK's biggest banks have lost a test case about overdraft charges.
A judge has decided that the Office of Fair Trading (OFT) can apply consumer contract regulations to decide if bank overdraft charges are fair or not.
But Mr Justice Andrew Smith said the judgement did not necessarily mean the charges are unfair.
Further hearings are expected which may delay the cases of thousands of claimants trying to reclaim their charges arguing they are too high.
Cases currently on hold in the county courts will stay on hold until 22 May, by which date the banks must decide whether they are going to appeal against the ruling.
Doug Taylor, personal finance campaigns manager at Which?, said: "The banks should do the right thing now and concede defeat, agree with the OFT what constitutes a fair unauthorised overdraft fee and refund their customers as soon as possible."
But the judge also decided against the OFT, saying that the banks' terms and conditions were plain and intelligible.
This judgement continues the process which could eventually allow the OFT to decide what a fair charge would be for unauthorised overdrafts.
This does not necessarily mean they [the charges] are unfair
Mr Justice Andrew Smith
Q&A: Bank charges
Analysis: Test case
Why I took my bank to court
Both the banks and the courts were deluged with claims which they were finding very difficult to deal with.
But since both sides agreed to stage the test case, tens of thousands of claims have been put on hold in either the county courts or with the Financial Ombudsman Service (FOS).
The BBC has estimated that last year the banks refunded about £784m to nearly 378,000 customers.