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Starling v Lloyds TSB Bank

Series: Estates Gazette ; [2000] 01 EG 89-93(5)Publication details: 2000Subject(s): Summary: CA 29 August 1999. In 1980 claimant (S) granted defendant bank (L) a legal charge of a residential property to secure a loan. By express terms of legal charge, mortgagor was not allowed to lease the property and S was required to obtai consent of bank before letting. In 1991 S sought L's permission to let the property. Request was dismissed. S then commenced proceedings against L alleging a breach of certain pleaded duties of the bank. Court found banck in breach of duty. L appealed. Appeal allowed.

CA 29 August 1999. In 1980 claimant (S) granted defendant bank (L) a legal charge of a residential property to secure a loan. By express terms of legal charge, mortgagor was not allowed to lease the property and S was required to obtai consent of bank before letting. In 1991 S sought L's permission to let the property. Request was dismissed. S then commenced proceedings against L alleging a breach of certain pleaded duties of the bank. Court found banck in breach of duty. L appealed. Appeal allowed.