Professor Philip Lane:

There is not going to be a universal answer to that because, in some cases, there is a clear and absolute breach of contract and, in others, it is about ambiguity. The lawyers on their side may argue, "We think this is legal", but we are saying that is an arguable issue and to do what is right on behalf of the consumer is to put that to one side and accept that a reasonable person would say a harm was done and make payments on that basis. It is, therefore, not only about the legal issues.