Brian Doctor, QC, of Fountain Court Chambers, was leading counsel for the Office of Fair Trading’s successful test case against leading banks on unfair bank charges. The High Court held that the banks’ charges for unauthorised overdrafts are subject to a test of fairness under consumer legislation.

What were the main challenges in this case and the possible implications?

Dealing with eight sets of opponents, each of whom was advancing separate arguments, sometimes contradictory, on behalf of eight banks, as well as allying themselves with some or all of the arguments being run by others. The challenge was to deal with it all and not leave anything out. Since it was a test case on the meaning of certain consumer protection legislation, the impact of the decision is likely to be felt in a wider context than simply banking.

What was your worst day as a lawyer?

Losing the Merrett Lloyds Names Action Group case at first instance on a preliminary point of limitation. I knew the judge was wrong and subsequently, in the Court of Appeal, Lords Bingham of Cornhill, Hoffmann and Saville of Newdigate reversed him. All seemed lost, but the clients kept faith, and after that we went on to win at trial.

What was your most memorable experience as a lawyer?

When I was practising as a barrister in South Africa, I won an appeal against the sentence of Mrs Govender for contravening the Group Areas Act, an infamous piece of legislation that compelled different races to live in different group areas. I persuaded the appeal court that an eviction order should not be imposed on her unless the authorities could provide alternative accommodation. They couldn’t, and there was never another prosecution under the Act. It fell into abeyance as a result of the case ten years before the end of apartheid.

Who has been the most influential person in your life and why?

Three women: my mother, my wife and Helen Suzman, MP, the great South African opposition politician. I went to work for Suzman as a parliamentary assistant in 1973 when she was the sole voice of parliamentary opposition to apartheid. We’ve been friends ever since, and I still believe in everything she believes in: justice, fairness and a hatred of bullying.

Why did you become a lawyer?

When I was 15 I read Courtroom, a book about Samuel Leibowitz, the famous American lawyer, who acted for the angels in every famous US trial. I was transfixed, and resolved to become a lawyer even though we had no lawyers in my family and didn’t even know any lawyers.

What would your advice be to anyone wanting a career in law?

Work hard and the rewards will come. But unlike in Samuel Leibowitz’s practice, not every client is an angel.

Where do you see yourself in ten years?

I’ve no idea. Since reading The Black Swan by Nicolas Taleb, all I know is that we cannot know the future

l_tsang@hotmail.com

Explore Law

• Corporate Law

• Public Law

• Columnists

• Law Panel

• Student Law

• Law Reports

Times Recommends

• HM Revenue sued over pension scheme tax
• Farepak liquidators to sue former directors
• McCartney and Mills: it's finally over