000			01476cam a2200229 4500
001			ABS63990
008			000000n2001 000 0 eng u
035			_a(Sirsi) u112917
245			_aRaja v Lloyds TSB Bank plc
260			_c2001
490			_aEstates Gazette _v[2001] 19 EG 143-147(5)
520			_aChD 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.
590			_aABS
650			_aSALE OF PROPERTY
650			_aCIVIL PROCEDURE RULES
650			_aRAJA V LLOYDS BANK PLC
650			_aLIMITATION ACT 1980
650			_aMORTGAGES
650			_aSTRIKING OUT
690			_aHOUSING-CASE LAW
942			_n0
999			_c67216 _d67216