RE: FCA statement3 Dec 2025 12:42
Basher - the AI model is relatively narrow-minded with that query and flawed in its conclusions:
Point by point;
Legal precedent: yes the SC did reinforce the FCA's ability to impose a redress scheme under the CCA. However, the bulk of the current scheme is outside of the CCA unfairness test imposed by the SC, hence the considerable argument. Therefore, at a JR level the banks will argue the FCA is acting ultra vires, beyond its legal power. This is a fairly solid argument acknowledged across the legal spectrum. Flawed AI conclusion.
Previous court rulings: yes the case of Clydesdale v FOS stands to strengthen the FCA case, in fact they are resting very heavily on this. However, this case was decided at High Court level, before the dramatic and landscaping altering overturning of the Hopcraft / Johnson / Wrench cases at Supreme Court level. Are there elements of Clydesdale which are currently being rested on which will be found to be unsafe verdicts once pressed legally, with the renewed clarity from SC? Potentially, hence the on-going argument. If elements of Clydesdale are overturned, as the previous CoA ruling for H / J / W was, then the FCA lose their legal footing in a very considerable way. Flawed AI conclusion.
Reputational and financial risk: this would be true if the legal challenge was to total billions, its not going to. An AI would draw this conclusion on the pragmatic level of generic relativity, cost of fighting a case vs cost of settling. Clearly the current cost of settling this case is at the absolute extremes of most legal matters in daily life. Fighting to reduce will certainly outweigh the cost of settling. ''The FCA has indicated that alternatives to its scheme would be more costly and take longer'' - this could be true, if the 14,000,000 cases included in the currently proposed scheme were taken to court and were all decided in favour of the consumers - for the points I have made previously in this post, I would confidently suggest that would not be the case.
I too agree there will be payouts to consumers, after all the SC has found that in very expectional circumstances unfairness occured, this catches some deals. Until Clydesdale is challenged there will also be DCA matters to contend with. The easiest target for the lenders and what I consider the first victim of the FCA proposed scheme will be the 35 / 10 unfairness test - there is no legal precedent for finding unfairness on this basis. If this falls away so does a large chunk of the scheme - this could be an area of concession. This is before you get into the time-bar argument which has not been heavily studied legally as of yet, publically atleast. This will come to light with time.
As I reiterate - who knows. It'l be sorted one day, like all things in life.