I agree with you Term. The opinion has lead to LB effectively giving up at the moment on historical bank charges claims because further to this was an opinion on how successful a claim would be in court which would have lead to what some call GLO's or class action and that has come back at less than 50%. I am hoping that Govan Law Centre do persuade the Scottish courts that there is still a case. Unfortunately, in the clamour for a decision, the judges in the Supreme Court could have referred it to the ECJ and I hope that in time a judge will refer it to the ECJ for an opinion on the scope of UTCCR 1999.
To be honest, you have to read it a few times before you get a sense that things like, direct payments, money laudering regulations etc.,etc, give the bank a dominant position. We have no opt out clauses in contracts(barclays is an automatic opt in rather than customer opt in).