The Court of Appeal so stated in a reserved judgment when allowing an appeal by Lloyds TSB Bank plc against a decision of Mr Justice Rix on Octoto allow the appeal of Mr John Starling against an order of Master Eyre to strike out his claim for negligence and breach of duty owed by Lloyds TSB Bank plc relating to banking services as disclosing no reasonable cause of action.
A claim that a lender had breached an equitable duty of good faith owed to a borrower to consider properly any request by the borrower to grant a lease to a property over which he had secured a mortgage which failed to show dishonesty or improper motive and which made the alleged duty unworkable in practice should be struck out.
