The banks appeal ended early Novemer but the Court of Appeal will take ages to publish their decision.
In the meantime the OFT is still deciding if the terms are fair. So, even if the Court of Appeal finds that the banks are subject to the usual laws of fair trading and unfair terms and conditions, the OFT could rule that the terms are fair.
Or the banks could win the appeal in which case the Office of Fair Trading will be irrelevant.