Seeing as banks all over the place are being bailed out by the government (ironically by the tax payers, the very people getting these charges) I could see the banks winning this one. Although, as I am one of the 65,000, I really hope they don't.
I know other threads like this have come up, and a lot of people criticise those call the bank charges illegal, I just want to clarify where I stand. I believe its fair for the banks to charge a customer for going over their limit, but there needs to be proportion to it. If a customer goes a pound or two over the limit, and then is hit with a £40 fine, that smacks of greed. Fair enough, charge a small amount to cover costs if need be. Ironically if the charge was only a few pounds then I don't think they would be getting many people trying to reclaim them! I know I wouldn't.