Breeze & Ors v TSB Bank PLC [2026] EWCA Civ 32 (30 January 2026)

Breeze & Ors v TSB Bank PLC [2026] EWCA Civ 32 (30 January 2026)

TSB did not breach the express terms of the mortgage contracts by charging the Whistletree SVR; the contractual conditions permitted TSB to vary the rate inherited from Northern Rock and did not mandate use of TSB's own SVR. Section 140A(5) Consumer Credit Act 1974 precludes the court from granting relief under section 140B(1) in connection with regulated mortgage contracts, including repayment of sums paid under such contracts, regardless of whether they are related agreements.

Citation
[2026] EWCA Civ 32
Parties
Claimants/appellants: Donna Breeze and Others; Defendant/respondent: TSB Bank PLC
Jurisdiction
England and Wales
Judgment Date
30 January 2026
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Preliminary Issues
Outcome
Appeal dismissed; preliminary issues determined in favour of TSB Bank PLC.
Legal Topics
Mortgage Contracts, Statutory Interpretation, Unfair Relationship Provisions, Standard Variable Rates, Consumer Protection
Contract Law Consumer Credit Financial Services Regulation Mortgage Contracts Statutory Interpretation Unfair Relationship Provisions Standard Variable Rates Consumer Protection

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Parties

Donna Breeze and Others

Claimants/appellants

TSB Bank PLC

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether TSB breached express terms of mortgage contracts by charging Whistletree SVR instead of TSB SVMR
  2. 2 Whether section 140A(5) Consumer Credit Act 1974 precludes orders under section 140B(1) in relation to regulated mortgage contracts or sums payable under such contracts

Ratio Decidendi

TSB did not breach the express terms of the mortgage contracts by charging the Whistletree SVR; the contractual conditions permitted TSB to vary the rate inherited from Northern Rock and did not mandate use of TSB's own SVR. Section 140A(5) Consumer Credit Act 1974 precludes the court from granting relief under section 140B(1) in connection with regulated mortgage contracts, including repayment of sums paid under such contracts, regardless of whether they are related agreements.

Court Disposition

Appeal dismissed; preliminary issues determined in favour of TSB Bank PLC.

Orders

  • No relief granted to Claimants on breach of contract claim.
  • No relief granted to Claimants under section 140B Consumer Credit Act 1974 in connection with regulated mortgage contracts.