Raja v Lloyds TSB Bank plc
Raja v Lloyds TSB Bank plc
- 2001
- Estates Gazette [2001] 19 EG 143-147(5) .
ChD 19 April 2000. The claimant (R) owned four properties which he charged to the defendant bank (L). Three of the properties were later repossessed and sold. R issued proceedings alleging L had sold the properties at an undervalue and paid too much of the sale proceeds to a subsequent chargee. In defence, R inferred that allegations regarding excessive expenses and marketing were statute barred. It was ordered that the statement of claim, the claim, and R's application requesting the striking out of parts of the defence all be struck out pursuant to the Civil Procedure Rules. R appealed. The appeal was dismissed on the following grounds: the duty of a mortagee to a mortagor relating to the sale of mortgaged property is not contractual; in accordance with the Limitation Act 1980 s36 R's claim was statute-barred; L was entitled to pay some of the sale proceeds to a subsequent chargee.
SALE OF PROPERTY
CIVIL PROCEDURE RULES
RAJA V LLOYDS BANK PLC
LIMITATION ACT 1980
MORTGAGES
STRIKING OUT
ChD 19 April 2000. The claimant (R) owned four properties which he charged to the defendant bank (L). Three of the properties were later repossessed and sold. R issued proceedings alleging L had sold the properties at an undervalue and paid too much of the sale proceeds to a subsequent chargee. In defence, R inferred that allegations regarding excessive expenses and marketing were statute barred. It was ordered that the statement of claim, the claim, and R's application requesting the striking out of parts of the defence all be struck out pursuant to the Civil Procedure Rules. R appealed. The appeal was dismissed on the following grounds: the duty of a mortagee to a mortagor relating to the sale of mortgaged property is not contractual; in accordance with the Limitation Act 1980 s36 R's claim was statute-barred; L was entitled to pay some of the sale proceeds to a subsequent chargee.
SALE OF PROPERTY
CIVIL PROCEDURE RULES
RAJA V LLOYDS BANK PLC
LIMITATION ACT 1980
MORTGAGES
STRIKING OUT