Breach of duty over-rides charging order

This decision reverses that of the High Court that a claimant receive £1,000 only on the ground that had the repossessed property been sold for its full value, the bank would have received the rest of the £6,000 shortfall because of a charging order on the property. The court found the claimant should not receive a ‘windfall’. Held on appeal that the claimant should receive the full £6,000 even though it was now too late for the bank to take steps to recover from him.