Gavin James Cluer v National Westminster Bank PLC

Facts

The claimant, Mr Gavin James Cluer, had two mortgages with National Westminster Bank plc: the first, granted in 2009, over a buy-to-let property at 25 Louisburg Road, Hemswell Cliff in Gainsborough; the second, a residential mortgage granted in 2019, over 14 Percival Way, Groby in Leicester. The bank said the claimant had fallen into arrears with the payments on the money secured by those mortgages and was contemplating possession proceedings in relation to them. For a considerable time Mr Cluer had been trying to obtain copies of the various mortgage documents from the bank, using subject access requests under the Data Protection Act; the bank took the position that it was not obliged to produce documents in response. That dispute was not before the court on this application. On 27 February 2026 Mr Cluer issued proceedings in the High Court seeking an injunction restraining the bank from issuing possession proceedings. The matter came to the County Court by an order of HHJ Tindal, sitting as a High Court judge, on 2 March transferring it. The application for the injunction was then heard in the County Court at Birmingham, with Mr Cluer appearing in person and the bank represented by counsel.