Goodall v Santander UK Plc & Anor

Goodall v Santander UK Plc & Anor

The Bank took all reasonable steps to verify income and acted in accordance with MCOB Rules. Any alleged breach did not cause recoverable loss; the claim is time-barred and legally unsustainable. Section 27 FSMA is not engaged as the intermediary was authorised. The claims are devoid of merit and constitute an abuse of process.

Parties
Claimant/respondent: Mr M L Goodall; First Defendant/applicant: Santander UK PLC; Second Defendant: Strategic Investment Solutions Ltd
Jurisdiction
England and Wales
Judgment Date
31 July 2017
Procedural Posture
Civil / Summary Judgment/strike Out Application
Outcome
Summary judgment granted for the Bank; claim struck out.
Legal Topics
Mortgage Conduct of Business Rules, Section 27 FSMA, Limitation, Issue Estoppel, Abuse of Process
Banking Law Financial Regulation Contract Law Mortgage Conduct of Business Rules Section 27 FSMA Limitation Issue Estoppel Abuse of Process

Case Brief

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Parties

Mr M L Goodall

Claimant/respondent

Santander UK PLC

First Defendant/applicant

Strategic Investment Solutions Ltd

Second Defendant

Procedural Posture

Civil / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether the Bank breached MCOB Rules in assessing mortgage affordability
  2. 2 Whether the mortgage agreement is unenforceable under section 27 FSMA
  3. 3 Whether the claim is time-barred

Ratio Decidendi

The Bank took all reasonable steps to verify income and acted in accordance with MCOB Rules. Any alleged breach did not cause recoverable loss; the claim is time-barred and legally unsustainable. Section 27 FSMA is not engaged as the intermediary was authorised. The claims are devoid of merit and constitute an abuse of process.

Court Disposition

Summary judgment granted for the Bank; claim struck out.

Orders

  • Claim struck out in its entirety
  • Summary judgment entered for Santander UK PLC