Mr Hunter had no proposals of a positive or constructive kind to put forward. MISS WINDSOR: This is the first I have heard of it. As the months went by the bank considered what course it should take and at some point it considered it should sell the land by auction in a conventional way. The contracts appear to be in essentially the same terms apart from the identity of the land and the price. Secondly, I will order that by a very early point, which will be 4 p.m. on Thursday, 24th November 2011, that Mr Hunter deliver to the bank and/or the Receivers all existing cattle passports and all other relevant documentation spelt out in the draft order that relate to the cattle. The Court of Appeal is there to correct errors made by judges such as myself. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. It is pursuant to an application notice of 21st October 2011. As a matter of simple mathematics that is a higher figure than the price to be paid under the auction contract of 1.505 million. Abuse of Process and Re-litigation. The consequence of that will be that the only contract that Mr Hunter is able to perform is the one in favour of Mr Taylor's company. FREDERICK INGLIS WATT, director, 4 Sep 2000 - 31 Jan 2006. With a mandatory order you have to put in a time and date, but I am going to do that. I will now give my reasons for the decision I expressed earlier today to dismiss Mr Hunter's application under section 91 of the Law of Property Act 1925 and I will also give brief reasons in relation to the other application before me, the application by the bank for various heads of relief in support of its rights and its orders for possession that have previously been obtained. ", 27. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. You will also now be aware of the two papers served at Aylesbury County Court on Monday, 11th July 2011 by Mr Oldham and Mr Malt, who intend to establish their proprietal rights over Manor Farm, Pitchcott. He is the freeholder of the land, the land is subject to a mortgage and that mortgage on the face of it can be redeemed on payment of the full sum outstanding to the bank. 21. This offer is open for acceptance until 4.30 p.m. . It has not been served with notice of this application and has not had an opportunity to put forward its position. National Westminster Bank Plc v Morgan [1985] AC 686 Undue influence; presumption; bank vs customer (327 words) Facts The defendants were a married couple who bought a house on mortgage. Sat 18 Feb 23. He has deliberately, in breach of Court orders, refused to do so to gain an advantage by his unlawful conduct. MR JUSTICE MORGAN: I think the position is this, that the bank and the Receivers, for reasons that appear to be good ones, have given up on you, Mr Hunter. So for all those reasons I will abridge time to 14 days. The agreed price is 1.505 million. Their payments fell into arrears and the building society started proceedings for repossession. The auction contract identifies further terms which apply to this sale. In the suit brought by the beneficiaries it was held by the chancery division that once the trust account was opened, the . 8. Unfortunately, based on what I have seen, the possibility of contempt of Court and committal proceedings does appear to be a real one and in the circumstances I am persuaded that I should make the order making committal proceedings operate more smoothly than might otherwise be the case. 13. There is one other matter relating to the contract to which I ought to refer. It is not a case where the contract which is first in time is valid and the contract which is second in time lacks legal effect. I do not know if I have power to stop you attaching a penal notice, but whether I am right or wrong about that, this is an order the Court makes, it is a mandatory order, which is slightly different from a negative order, but penal notices can attach to a mandatory order. What is unusual about the present case is that there is no dispute but that this property must be sold. Bank) G. V. II. 41. I remain open to further negotiations. Insofar as the bank seeks an order for sale under section 13 of the Torts (Interference of goods) Act 1977 the point made by Mr Hunter is first that the cattle which are on the land and which might, in breach of the Court orders, in the future be brought onto the land are not "goods" for the purpose of the 1977 Act. The beneficiaries named were the widow, children and remoter issue of the settlor. Brief history This joint stock bank was established in Southwark in 1836 as Surrey, Kent & Sussex Banking Co. PPI complaints represent 59% of the . 23. It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. National Westminster Bank v Morgan [1985] AC 686: Exploitation Cases: Lloyds Bank v Bundy [1975] QB 326: Exploitation Cases: Portman Buliding Society v Dusangh [2000] 2 All ER (Comm) 221: Exploitation Cases: Boustany v Pigott [1995] 69 P & CR 298: Exploitation Cases: Hart v O'Connor [1985] AC 1000: Exploitation Cases: Alec Lobb (Garages) v . MR JUSTICE MORGAN: ----or one of the orders should not be made, then given that it is going to take effect either immediately or tomorrow the only point in running that appeal is if you can get to the Court of Appeal fast. Bays 2, 3 and 4. are set within octagonal colonnettes surmounted by lantern domed finials, You are asking him to deliver up the passports etcetera by 4 p.m. tomorrow. At any rate, I proceed on that basis for today's purposes. In that correspondence it seemed to be common ground that K Hunter and Sons Limited or Mr Hunter were not in a position to pay the full amount of the purchase price at or around that time, indeed it would be necessary for an unspecified part of the purchase price to remain outstanding on mortgage for 12 months. On that date at around 12.18 pm, Mr Hunter sent an e-mail to the bank. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. The way in which Mr Hunter went about assessing a suitable price for such a sale to the connected company was to take a valuation of the entirety of the charged property, to deduct from it the proceeds of sale on the sale of part of Kirkdene and to arrive at a resulting figure. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. Quite apart from that being the position between the seller and the buyer, Mr Hunter by entering into that contract would appear to have been in breach of the condition in the charge that he should not dispose of the property without the consent of the bank. change. There is a second application before the Court----. Secondly, completion under the auction contract was to be very much earlier than completion in relation to the contracts of 14th July 2011 or pursuant to the suggested position prior to the auction on that day. 20. Turning then to the position of Mr Taylor's company, the Court has not been given evidence as to the position of that company or the people standing behind it. MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. Facts [ edit] A testator died in 1922 and named his widow, two sons and wives and one grandchild as the beneficiaries. Mr Hunter has been very well aware for a considerable period of months that the bank has wanted him to remove his cattle. I was referred to a further authority on the operation of the sub-section, namely Cheltenham and Gloucester Plc v. Krausz [1997] 1 WLR 1558. England and Wales. The purchase price under the auction contract was 1,505,000. National Westminster Bank Plc v Hunter & Anor | [2011] EWHC 3170 (Ch) | England and Wales High Court (Chancery Division) | Judgment | Law | CaseMine Browse cases England and Wales High Court (Chancery Division) 2011 November National Westminster Bank Plc v Hunter & Anor In other words, you have to do this very rapidly indeed if you are to do anything at all. National Westminster Bank, byname NatWest, former British bank holding company with branches and subbranches in the United Kingdom and operations across the world. Is there a system to do that, sir? It would necessarily follow that if that order were to be made that Mr Hunter would be able to make title free from the charge to K Hunter and Sons Limited, so the intervention of the Court would free Mr Hunter from the legal difficulty he is otherwise under. Public Company Incorporated: 1968 Employees: 110,000 Assets: 98.64 billion (US$178.4 billion) Stock Index: London New York Tokyo National Westminster Bank (NatWest) was created in 1968 by the merger of three major banks all established in the early 19th century: the District Bank, the National . They're there, they're on the map, sir. [2] It is the leading English case and a banker's right to combine accounts, [3] and also an important decision relating to insolvency set-off. 17. Those changes are initialled; the initials appears to be those of Mr Hunter and his wife, the latter acting on behalf of K Hunter and Sons Limited. 36. Working with your business. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. 44. If you are to get any modification of these orders you will have to in your own interests act extremely quickly. Mr Hunter told me that the amount of money to be borrowed from UK Farm Finance Limited was not less than 1.55 million. Jul 2021. I have used the phrase not less than because Mr Hunter did not seem to quarrel with the suggestion I put to him that UK Farm Finance Limited would make various charges for fees and other matters in connection with the provision of finance. I am also asked to make orders providing for service in connection with possible committal applications. On 26 February Jordan hosted a meeting at Aqaba between Israel and the Palestinian National Authority (PNA). You have done this with full knowledge that I am still in possession of Manor Farm, Pitchcott. I will hear the parties on any detailed points arising in relation to the order, but in principle it seems to me it is an appropriate order for the Court to make. Do you want to say anything about the points of details save for the general points? SE 1422 NE (east side) 6/14 No. There are other provisions which may perhaps be useful in connection with a proposed sale by a Receiver but it is not necessary to refer to them in this judgment. Under the auction contract the full balance of the purchase price is payable on completion. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. I am very far from satisfied on the material before me today that K Hunter and Sons Limited has tied up satisfactorily the question of funding a purchase at a price of 1.55 million. 2 pages) Ask a question National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Toggle Table of Contents Table of Contents. But if you cannot come to terms then you will be irrelevant and all these things will be done no matter what you think. The court also allowed the m/gor to handle the sale himself if the m/gor cannot prove any substantial advantage in refusing the m/gor's request. Interact directly with CaseMine users looking for advocates in your area of specialization. The Court of Appeal was in no doubt that in a case where everyone agreed the property should be sold that it was not appropriate to use the jurisdiction of section 91(2) to override the mortgagee's exercise of its power of sale. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . Mr Hunter may be right that in the past and up to today he has been in control of the cattle because he has continued in breach of the Court orders to trespass on the relevant land and tend to the cattle. He also ordered the First Defendant, Mr Hunter, to pay to the bank a sum of money which was a little under 3.5 million. Clause 8.1.A reads: "The seller will sell the property free from incumbencies other than any matters other than the charge contained in the land registry entries." 76. MISS WINDSOR: I invite you to make the order as drafted, save at paragraph 3 (ii) be replaced by some machinery for Mr Hunter to sign the draft as handed up to your Lordship instead. MR JUSTICE MORGAN: Yes. Court grants injunction, despite noting that was fairly unreasonable and . Delayed London Stock Exchange - 11:35:00 2023-02-27 am EST. But the land has been sold by contract to Mr Taylor's company. It was acquired by the Royal Bank of Scotland in 2000. 78. So shall we talk about the first and start with you, Miss Windsor? 52. Making that contract, as I say, does not take from him his equity of redemption. National Carriers v Panalpina [1981] A.C. 675 National Westminster Bank v Morgan [1985] AC 686 Nicholl and Knight v Ashton, Eldridge & Co [1901] 2 KB 126 Niersmans v Pesticcio [2004] WTLR 699 . Also taking into account that I am still in possession of Manor Farm, Pitchcott, proof of funding can certainly be provided for a part payment up-front with a second charge in 12 months' time and I am happy to negotiate a figure with yourself that would acceptable to the bank and to myself. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. Mr Hunter says that the cattle are in his possession, they are under his control, they are not in the possession of the bank, they are not under the control of the bank. You are not to go there, you are not to interfere. The charge is a defined phrase which enables one to see it is a reference to the charges in favour of National Westminster Bank, to which I have referred. If the buyer sought specific performance the buyer would be entitled to take title to the property, but because the property is charged with a debt of 2.5 million or more the buyer would not pay the purchase price to Mr Hunter but would instead have a substantial claim for damages in addition to the remedy of specific performance. It was paid by cheque and the cheque has cleared. 85. 83. Our 67,404 banking and credit card complaints stem from our 26 million accounts. 32. ", 26. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. The contracts of 23rd February 2011 separately relating to land at Manor Farm and land at Kirkdene have had the dates of the contracts on the cover sheet and within the body of the contract changed from 23rd February 2011 to 14th July 2011. What Mr Hunter has not confronted in his application, nor indeed in the course of his submissions to me, is what the effect of that would be in relation to the contract which he has made with Mr Taylor's company. MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. Although Mr Hunter has entered into conflicting contracts, it may very well be the case due to the connection with K Hunter and Sons Limited that it will not sue Mr Hunter for damages because he is unable to perform those contracts. National Westminster Bank Plc v Hunter and Another: ChD 23 Nov 2011 - swarb.co.uk National Westminster Bank Plc v Hunter and Another: ChD 23 Nov 2011 Reasons for dismissal of claim under section 91. In that case both the mortgagor and the mortgagee wished to see the property sold. He referred to alternatives that might instead have been pursued. Under these contracts Mr Hunter is the seller and K Hunter and Sons Limited, the company controlled by Mrs Hunter, is the buyer. It may be that by reason of what is happening on the land, completion with Mr Taylor's company will not be in five days' time, it may be it will happen in late December or January, but that has come about not because Mr Taylor's company has required that and has only been prepared to bargain on that basis, but because Mr Hunter -- in breach I have to say of an order of the Court -- has manoeuvred himself to produce that adverse consequence. National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd [1972] AC 785 is a decision of the House of Lords in relation to a banker's right to combine accounts under English law. Dealing with the question of the Court's jurisdiction, Miss Windsor of counsel, who appears on behalf of the bank, initially took the point that the court did not have jurisdiction under this sub-section because by reason of the auction contract or by reason of that and other matters Mr Hunter could not satisfy the Court that he was a person interested in the right of redemption. It is not necessary I think to go to every difference and attempt to resolve it. NatWest Group HR. Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) I would be minded to make an order that he do it straight away while he is here, otherwise he will seek to take advantage of the difficulty in tracking him down, which may take a few days. The Court will simply not tolerate that conduct continuing. First of all, under the auction contract the Receivers were entitled to receive and have received a 10 per cent deposit. MR JUSTICE MORGAN: Well, let me see. Please log in or sign up for a free trial to access this feature. 49. MR JUSTICE MORGAN: And they will take effect whether you issue an appellant's notice or do not issue an appellant's notice. MR HUNTER: I think both, sir. Is it said to be wrong in law or is it said to be unfair or is it said to be wrong in fact? The definition continues but it is not necessary for me to read it out. Nestle v National Westminster Bank This is an appeal by the plaintiff in the action, Miss Nestle, against a judgment of Hoffmann J., given as long ago as 29th June 1988, whereby, at the end of the trial of the action, he dismissed all Miss Nestle's claims against the defendant in the action, National Westminster Bank Plc. My improved offer of 1.550 million to be paid in 12 months is clearly above the guide price set by Allsops and well in excess of the 1.375 million valuation by Savills. Apart from the change to the date there does not appear to be any other change to the contract relating to land at Kirkdene, the price there remains 7,500, the deposit remains 1. The last outstanding life interest under the trust was that of her father John, who died in 1986. A hearing took place on 13th July 2011 at Aylesbury County Court to require the cattle to be removed. I mean, he is entitled to seek to get permission from the Court of Appeal where he will say that what has happened here has been grotesquely unfair, so I am not going to stop him saying things like that. MR HUNTER: Do you have the power to ban me from public footpaths? Formal demands by the bank for payment were made in 1992 and there were intermittent payments by the husband until January 1993, after which he was declared bankrupt. I can only give permission if I am satisfied that you have a real prospect of success in the Court of Appeal or there is some other reason why this case should be considered by the Court of Appeal. Jurisdiction code: Breach of Contract, Disability Discrimination, Maternity and Pregnancy Rights, Sex Discrimination. It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. Perhaps more relevantly, there was no evidence to support the suggested funding made available in the course of 14th July 2011 even though the bank asked for such evidence in express terms. 80. National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; While he has tended to the cattle it may be that the bank has not done anything to interfere with or tend to the cattle itself. If the buyer had sought specific performance the buyer would be entitled to take title subject to the charges, but would have a claim in damages against Mr Hunter. I assume any potential bidders are aware of the above information as they should be. This decision, together with an academic article written by Roy Goode, [1] is sometimes looked upon as the turning point in relation to the stricter requirements in relation to . 30. The agreed completion date is expressed to be five business days after a certain condition has been satisfied. Paragraphs 4 and 5 they are to sell the stock. MR JUSTICE MORGAN: Now, Miss Windsor, I have refused permission to appeal, but it remains open to Mr Hunter to serve an appellant's notice. Currently, both domestic bank account numbers and IBAN are in circulation. The matter then turned upon the way in which that jurisdiction should be exercised and in the somewhat special circumstances of that case it was decided that it would be unfair to leave the property unsold and it would be appropriate for the Court to assist the mortgagor by making an order for sale. Further, under section 12(1)(a) Mr Hunter is already in breach of an obligation to take delivery of the cattle. If Mr Hunter seeks to continue the conduct he will place himself in very grave peril of being put in prison for a period of time which will bring home to him the consequences of his conduct. MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. As a not-for-profit member organisation, the aim of National Hunter is to work together to prevent fraud for our members and at the same time to protect victims of fraud. If Mr Hunter could not perform that contract, making title free from the charge, then he would be in breach of contract and would be liable to be sued in damages by the buyer. It may be convenient at this point before considering the application of section 91(2) to that state of affairs to investigate a matter which has been very much in dispute in the course of argument. 79. Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. Just before we deal with that, I am asked to order costs against you in relation to both applications. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. You will just have to be patient a little longer. v. Arthur Young McClelland Moores & Co. (Practice Note) . Following Palk v Mortgages Services Funding, the court will not grant an order for possession for PB if Jakob is seeking sale of the property. Nestle v National Westminster Bank: ChD 1988. 16. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). Now, they are your cattle but you have put them on land that does not belong to you, at least it is not in your possession more accurately. We need to discuss the detail of the Court order, we need to discuss costs and we need to discuss Mr Hunter's application, which I apprehend he may wish to make, to have permission to appeal. The Court cannot undo that contract. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. That condition is in extra special condition 11 which is in these terms: "11.1, the condition will be satisfied on the date that the seller has informed the buyer that the cattle that were on the lot as at the date of the auction as shown on the sale of memorandum, the auction date, has been removed. 93. Included for group value. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). MR JUSTICE MORGAN: You do not want an order for costs? If one combines the two phrases "other than any matters other than the charge" what that is saying is that the sale will not be subject to the charge; the buyer under this contract is to take the property free from the charge. The letter is in these terms: "Further to our telephone conversation with your solicitor, we write in confirmation that prior to the auction relating to the properties at Manor Farm on 14th July 2011 we had made a formal offer of finance to you to enable you to purchase Manor Farm, comprising the three residential units and the farm land, for a purchase price of 1,550,000. Not only do we facilitate the sharing of data but we also utilise our investigative . 1 - 3 National Westminster Bank. Confirmation statement filters Accounts Capital Charges Confirmation statements . MR JUSTICE MORGAN: You cannot fail to understand that. That causes me to be a little circumspect about the reliability of the general statements made, not supported by documents which really ought to exist, in the letter of 29th July 2011. MISS WINDSOR: Might I flag up simply that insofar as he does [inaudible] an application for permission to appeal, in a moment I shall be inviting your Lordship to abridge time. Players. 72. That company was acquired off-the-shelf in around February 2007. However, the comparison ceases to be favourable to Mr Hunter from that point. 6 bay facade. Mr Hunter was represented by counsel; Mrs Hunter was not represented by a legal representative. In that sense it was to be a 100 per cent mortgage. That means section 12 applies. The wife got the family home as a life interest and a tax free annuity. The trust fund was then worth about andpound;50,000. The bank wishes to sell, the bank has taken steps to sell, the bank has gone about the matter in a way which cannot be undone, certainly not on the application of Mr Hunter as mortgagor. The mortgagor put forward a number of reasons why the mortgagor should have conduct of the sale, one of those perceived benefits was that the mortgagor could remain in possession and resist an order for possession or the enforcement of an order for possession in favour of the mortgagee. That certainly means that Mr Hunter is not able to convey title to the charged property to a third party. Taxpayer stake in Natwest reduced again as government sells shares. As the charges are in the same terms it will suffice if I refer to one of them and I will refer to the charge of 6th July 2006. The seller there is again Mr Hunter. 11.3, in the event that the contract is terminated pursuant to extra special condition 11.2, then the deposit will be returned to the buyer.". MR JUSTICE MORGAN: The second application is brought by the bank. NatWest Group - Mortgages. The particulars of sale referred to the land. 13 December 2021. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. There are one or two matters of suggested legal principle which are identified in a skeleton argument which has been prepared by or on behalf of Mr Hunter. For my part I do not see any reason why I should stop you attaching a penal notice, even if I had power to do so, as to which I am far from clear. 10 (National Westminster. They agreed, subject to a legal charge on . I think in our earlier discussion of paragraph 5 I suggested that you put in, insofar as it is necessary, pursuant to section 13 just so that it ties in with paragraph 4. The bank, National Westminster Bank Plc, is involved with the land and buildings to which I have referred pursuant to two legal charges, one dated 6th July 2006 and the second dated 12th April 2007. 01-11-2022 Summary of outcome On 10 October 2022, the High Court handed down its judgment in the appeal of Steiner v National Westminster Bank plc [2022] EWHC 2519. The husband asked the claimant bank to refinance the loan. 46. ( a) the names and addresses of the members; ( b) the date on which each person was registered as a member; and. That decision of the Court of Appeal was followed at first instance in Polonski v. Lloyds Bank Mortgages Limited (1997) 31 Housing Law Reports, 721. National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd In National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd [1972] AC 785 it was held that an agreement between a bank and its customer that the debit on one account could not be set off against the credit on another account was void. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. On the other hand, this matter has gone on for a considerable time and you have failed to comply with Court orders in the past. MR HUNTER: But can I? MR JUSTICE MORGAN: Which bit of it do you want to appeal? 142.75. 50. The copy of the sale memorandum produced to the Court does not identify the buyer, although one can see that the signature on behalf of the buyer was that of a C Taylor. Sorry, I don't understand what you're asking for. It may be that the auction contract was an involuntary contract on his part. The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. The mortgagor does not need an order of the Court to force the mortgagee to sell the property, the mortgagee has been taking active steps to sell the property and has got the benefit of a contract under which it will sell the property. Shares were issued on the sending of the allotment letter, not when the shares came to be registered in the company's books. Pursuant to the negotiations with Mr Hunter on 14th July 2011, some at least of the purchase price, perhaps a substantial part of the purchase price, was to be postponed for a 12 month period. MR JUSTICE MORGAN: And that is to be without prejudice to any powers you would have to recover costs----. Main Road.
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