Balaratnam v Santander UK Plc [2019] EWHC 227 (QB) (08 February 2019)

Balaratnam v Santander UK Plc [2019] EWHC 227 (QB) (08 February 2019)

Each head of claim in the original particulars was bound to fail: the claimant admitted not fulfilling all requirements for release of retention funds; no viable cause of action for unfair or unreasonable conduct; appointment of Begbies Traynor was contractually permitted and caused no loss; MCOB Guidelines and statutory regulations did not apply. The master erred in refusing summary judgment and permitting amendments without proper scrutiny.

Citation
[2019] EWHC 227
Parties
Claimant and Respondent: Mr Selvaratnam Balaratnam; Defendant and Appellant: Santander UK PLC
Jurisdiction
England and Wales
Judgment Date
08 February 2019
Procedural Posture
Appeal / Judgment on Appeal Against Refusal to Strike Out or Grant Summary Judgment
Outcome
Appeal allowed; claim struck out; summary judgment granted to bank.
Legal Topics
Breach of Contract, Professional Negligence, Appointment of Receivers, Statutory Duties Under FSMA, Banking Conduct of Business Sourcebook, Duty of Care, Summary Judgment, Strike Out Applications
Contract Law Tort Law Banking Law Statutory Regulation Breach of Contract Professional Negligence Appointment of Receivers Statutory Duties Under FSMA +4 more

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Parties

Mr Selvaratnam Balaratnam

Claimant and Respondent

Santander UK PLC

Defendant and Appellant

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Strike Out or Grant Summary Judgment

Legal Issues

  1. 1 Whether the original claim particulars disclose any viable cause of action
  2. 2 Whether the claimant fulfilled requirements for release of retention funds
  3. 3 Whether the bank acted unfairly or unreasonably in withholding funds

Ratio Decidendi

Each head of claim in the original particulars was bound to fail: the claimant admitted not fulfilling all requirements for release of retention funds; no viable cause of action for unfair or unreasonable conduct; appointment of Begbies Traynor was contractually permitted and caused no loss; MCOB Guidelines and statutory regulations did not apply. The master erred in refusing summary judgment and permitting amendments without proper scrutiny.

Court Disposition

Appeal allowed; claim struck out; summary judgment granted to bank.

Orders

  • Claim struck out for failure to disclose viable cause of action.
  • Summary judgment entered for Santander UK PLC.