national westminster bank v hunter national westminster bank v hunter

The judge adjourned the application to be relisted at the next available date after 20th July 2011.". That state of affairs has come about because Mr Hunter has continued to act unlawfully by having his cattle on the land, no doubt seeking to make a nuisance of himself and no doubt hoping that he will interfere with the contract for sale in favour of Mr Taylor's company. 36. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? There are well known authorities including Property & Bloodstock Limited v Emerton [1968] Ch.94, which say that when a mortgagee contracts to sell the mortgaged property the equity of redemption is suspended between the making of the contract and completion and is finally extinguished upon completion of that contract. 84. 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. FCA-v-Natwest-Sentencing-remarks-131221.pdf 405.95 kb. [4] Arnold v National Westminster Bank Plc: HL 1991 - swarb.co.uk 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. UK source of interest: recent Upper Tribunal decision in Ardmore Against that background, Mr Hunter asks the Court to order a sale of the property and in particular a sale which will be a sale by Mr Hunter to K Hunter and Sons Limited pursuant to the pair of contracts of 14th July 2011. The Court will simply not tolerate that conduct continuing. MR JUSTICE MORGAN: Right. National Westminster Bank plc | NatWest Group Heritage Hub MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. Using IBAN since United Kingdom has officially introduced the IBAN system in April 2001. Swift codes for NATIONAL WESTMINSTER BANK PLC (BIC codes) A debenture which provided that a charge over book debts was a specific (i.e. National Westminster Bank (A/K/A NatWest Bank) is a fully-owned subsidiary of the Royal Bank of Scotland Group, which in March 2000, completed the acquisition of NatWest Bank. The position under the auction contract is radically different. Mr Hunter has one point in his favour in this comparison, he says that the price to be paid by K Hunter and Sons Limited is 1.55 million. My submission would be that even if there is there is no reason why the Court should not injunct the First Defendant from using it. 55. Phillips LJ, as he then was, said at page 1567: "I recognise the principles of the inherent jurisdiction of the Court" -- I omit certain words -- "but I question whether that principle can justify the Court in exercising its power to order a sale of mortgaged property under section 91 in circumstances where the mortgagee is seeking to enter into possession in order to sell property in which there is negative equity and where the sole object with which the mortgagor seeks that order is to prevent the mortgagee exercising his right to possession so that the mortgagor can negotiate his own sale while in possession. 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. MR JUSTICE MORGAN: Well, let me see. National Westminster Bank plc v Spectrum Plus Ltd and others [2005 Listing NGR: SE2637427830 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. MR JUSTICE MORGAN: Right. 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. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. Not only do we facilitate the sharing of data but we also utilise our investigative . If the matter had come before the Court before the auction sale, in theory at any rate, the Court could consider an application to restrain the Receivers from selling the land. That's correct? I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. MR HUNTER: I think both, sir. That is in accordance with the normal position in charges of this kind. The Role of Bank as Trustee - Academike At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. I appreciate your difficulty that you are in person, you have to get legal advice. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. 72. 81. Nestle v National Westminster Bank: ChD 1988 - swarb.co.uk 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. In these circumstances, if it is a relevant question to ask whether the Receivers did the right thing when they took the property to auction and sold it at auction, as compared with cancelling the auction and continuing to talk to Mr Hunter, my conclusion is that they plainly and unarguably took the better course. National Westminster Bank | British company | Britannica The bank appointed Receivers in relation to all of the charged property on 14th January 2010. I sincerely hope that Mr Hunter will see just how foolish he has been in the conduct on which he has embarked. Sat 18 Feb 23. Contract Law Case Summaries - Oxbridge Notes Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. 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 . . MR JUSTICE MORGAN: And they will take effect whether you issue an appellant's notice or do not issue an appellant's notice. The 14th July was a significant date because it was the date fixed for an auction of the charged property. Branches were almost immediately opened at Brighton, Canterbury, Croydon, Lewes, Maidstone, Sevenoaks, Tonbridge, Tunbridge Wells and Woolwich. National Westminster Bank, Brighouse, Calderdale - British Listed Buildings MR JUSTICE MORGAN: He is a member of the public and the public has the right. MISS WINDSOR: This is the first I have heard of it. 25% off till end of Feb! It may be that the auction contract was an involuntary contract on his part. In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. 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. Delayed London Stock Exchange - 11:35:00 2023-02-27 am EST. You are able to go to a Lord Justice and say to the Lord Justice what you want to say, but I do not give you permission to appeal. Having considered the effect of the conflicting contracts which exist and the challenge which Mr Hunter has raised to the conduct of the Receivers, I can now go to the ultimate issue which is whether the Court should exercise the jurisdiction it has which would enable Mr Hunter to sell the land to K Hunter and Sons Limited free from the charge, placing himself in breach of the contract with Mr Taylor's company, or whether the Court should make no such order. Nestle v. National Westminster Bank plc ; Soud : Odvolac soud : Rozhodnuto : 6. kvtna 1992 : Citace [1992] EWCA Civ 12 , [1993] 1 WLR 1260 Historie ppadu ; Pedchoz akce [2000] WTLR 795; Independent, 4. ervence 1988, (1996) 10 (1) Trust law International 113, 115 There is one other matter relating to the contract to which I ought to refer. MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. Mr Hunter has been very well aware for a considerable period of months that the bank has wanted him to remove his cattle. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. 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. Citations: [1985] 2 WLR 588; [1985] AC 686. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. He is not in practical terms able to redeem the charges so he is not able to convey free from the charges. 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. Because he is unable to perform them they will not be performed and title will be available to be transferred to Mr Taylor's company. I note that your letter is silent on these points. Bank) G. V. II. 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. Southwark Crown Court. Please log in or sign up for a free trial to access this feature. 37. I have referred to the land which is the subject matter of the charge. 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. A hearing took place on 13th July 2011 at Aylesbury County Court to require the cattle to be removed. In the event that the property remains unsold following this afternoon's auction I would invite you to write to me again tomorrow clearly stating the quantum of the part payment you would intend making now together with proof of funding from your new lender. MISS WINDSOR: It may be that my instructing solicitors will apply for the transcript, but they cannot apply to the Court of Appeal for an expedited hearing until such time as the appeal is underway. 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. 63. There was some description of some matters in relation to the land which I have been shown as follows. Part payment will be paid up-front with the remainder being paid in 12 months' time, which would have to be on a second charge basis. 330. 90. Mr Hunter has persistently said in the course of his submissions that he did not make that contract, he is not bound by it, he is not the seller. The contract provides for title to pass to the purchaser pursuant to a Land Registry transfer form, in form TR2, which is to be executed by National Westminster Bank Plc as transferor pursuant to the legal charges. - but doesn't want them to do that. The Second Defendant is his wife, Mrs Karen Hunter. I turn then to the contracts made on 14th July 2011, if that is the correct date, in favour of K Hunter and Sons Limited. 142.75. He referred to alternatives that might instead have been pursued. MR JUSTICE MORGAN: Right. The contact provides for a 10 per cent deposit, 150,500. Having done that, Mr Hunter entered into two contracts of sale, one relating to a small area of land at Kirkdene for 7,500 and the other relating to the bulk of the land at a price of 922,500. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). National Westminster Bank v Daniel: CA 1993 - swarb.co.uk National Westminster Bank v Daniel: CA 1993 The defence contained two contradictory grounds, and the defendant's evidence again contradicted the defences. 47. Court grants injunction, despite noting that was fairly unreasonable and . By section 352 of the Act of 1985: " (1) Every company shall keep a register of its members and enter in it the particulars required by this section. The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. Abuse of Process and Re-litigation. PDF National Westminster Bank Plc 2021 Annual Results Those proceedings were started in the Aylesbury County Court by a claim form dated 29th June 2010. MISS WINDSOR: The relevant provisions are CPR 52.4, page 1541 of the White Book. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. National Westminster Bank | Bromley and South London Football League These powers given by Clause 5 are in addition to all parts conferred on the Receiver under the general law. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. 83. MR JUSTICE MORGAN: Shall I hear what he says about that first? MR JUSTICE MORGAN: Yes. I will take legal advice on it, sir. That certainly means that Mr Hunter is not able to convey title to the charged property to a third party. If it sued Mr Hunter for specific performance of that contract it would prima facie be entitled to it certainly so long as Mr Hunter remains the owner of the land. Making that contract, as I say, does not take from him his equity of redemption. 9. The powers of the Receiver are spelt out in Clause 5 of the charge. National Westminster Home Loans Ltd. Nationwide Building Society. 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. Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. This time the contracts provide for the property to be sold for 1.55 million, but the debt secured by the charge over the properties is again, roughly speaking, 2.5 million to 3 million. Mr Taylor's company has acquired contractual rights. 15. That was made on 23rd February 2011. 11.2, if the condition has not be satisfied within six months of the auction date then either the buyer or the seller can serve notice on the other to terminate this contract. In particular, part of Kirkdene has been sold. Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? The Court of Appeal decision in National Westminster Bank Plc. 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. MR JUSTICE MORGAN: There is something before that, is there? 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 . 40. That was a case, different from the present case, where the mortgagor suffering from severe negative equity wished to see the property sold and bring to an end the ongoing liability to pay interest, but the mortgagee did not intend to exercise its power of sale and did not wish to see the property sold at that point in the market. I don't understand the system, sir. National Westminster Bank, Central, Liverpool - British Listed Buildings 70. Sat 11 Feb 23. 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. Under the auction contract the full balance of the purchase price is payable on completion. You are not to go there, you are not to interfere. So for all those reasons I will abridge time to 14 days. It is not necessary for today's purposes to decide when it was that Mr Hunter and K Hunter and Sons Limited altered the date on the February contracts to be 14th July 2011. National Westminster Bank Football Club is a football club based in Beckenham, England. Lekan Akanni. MISS WINDSOR: No, because the consequence of that is [inaudible]. 88. NatWest Group HR. 3. Before confirming, please ensure that you have thoroughly read and verified the judgment. 60. 22. You will just have to be patient a little longer. This is also applied in National Westminster Bank v Hunter. It seems to have been intended that the reference should be to the two contracts originally entered into in February and varied on 14th July 2011. Mr Hunter had no proposals of a positive or constructive kind to put forward. MR HUNTER: Sir, do I understand you correctly, sir, what you just said that I can actually appeal against what you've just said; is that correct? MR JUSTICE MORGAN: I thought we had got into 2011, but tell me the rule again, 52.4? MR JUSTICE MORGAN: Well, I am giving you an opportunity, which you do not have to take, of raising any point of detail on the drafting of the order. However, what one does know -- and it is a positive factor -- is that the purchaser was able to raise the 10 per cent deposit the day after the auction was concluded. The agreed price is 1.505 million. Download Citation | Nestl v National Westminster Bank Plc [1993] 1 WLR 1260, Court of Appeal | Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. Found National Westminster Bank Plc v Hunter & Anor useful? London Stock Exchange uses cookies to improve its website. A-Z of Cases | Carlil & Carbolic - Law Study Resources When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. 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. Cayman Islands Cases Reported and Cited N - Judicial Nestl v National Westminster Bank Plc [1993] 1 WLR - ResearchGate The last outstanding life interest under the trust was that of her father John, who died in 1986. 13 December 2021. Nestle v National Westminster Bank plc - Wikipedia We pride ourselves on our independence, and our human touch. 89. 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. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. During the afternoon of 14th July 2011 the firm of Allsops, well-known surveyors and auctioneers, auctioned the land at The Park Lane Hotel, Piccadilly, London, W1. It is also relevant to refer to a limited company which is called K Hunter and Sons Limited. Since the possession action began and since the possession order was made t here has rightly been a great deal of communication between the bank and Mr Hunter. In National Bank of Greece, Lord Hailsham applied a multi-factorial test in determining source of interest. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. Having set out the relevant facts, having identified the legal position under the various contracts which have come into existence, having informed myself of the way in which the jurisdiction under section 91(2) has been and should be exercised, in my judgment this does not begin to be a case in which the Court should intervene and upset the arrangements which have been brought into existence. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! The charge of 6th July 2006 is in relation to property described as land and buildings at Manor Farm, Pitchcott, Aylesbury, Land Registry title number BM195811, and the charge dated 12th April 2007 relates to land at Kirkdene, Pitchcott, Aylesbury, Land Registry title number BM126848. 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. We have discussed paragraph 3. 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. 69. 39. Orr. 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. IBAN Mandatory Although, IBAN can be used for domestic payments in the UK, currently, it is not mandatory. MR JUSTICE MORGAN: The second application is brought by the bank. The position is that the contract which has come into existence following the auction is between Mr Hunter as seller, acting through the Receivers, and Mr Taylor's company, but when it comes to the transfer of title pursuant to that contact title will not be transfered by a transfer executed by Mr Hunter as transferor, it will instead be transfered pursuant to a transfer executed by the bank as chargee. The lot would obviously need to be withdrawn from the auction now if this offer is acceptable to you. Ordinarily the time limit for lodging appellant's notice is 21 days. 42. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. It seems to me incumbent on the mortgagor to seek from the High Court any relief which that Court is empowered to give before the possession warrant takes effect.". The sale memorandum states that the deposit was paid, though the evidence is that it was paid the next day, 15th July 2011. MR JUSTICE MORGAN: You cannot fail to understand that. A charge over book debts in a debenture which required the proceeds of the book debts to be paid into an account with the bank but placed no restriction on the use that could be made of the balance on the account thereafter was a floating and not a fixed charge, Siebe Gorman & Co Ltd v Barclays Bank Ltd (1979) 2 Lloyd's . MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. Read the full decision in Mrs L . It was acquired by the Royal Bank of Scotland in 2000. 65. But the land has been sold by contract to Mr Taylor's company. Included for group value. England and Wales High Court (Chancery Division), National Westminster Bank Plc v Hunter & Anor. MR JUSTICE MORGAN: Well, I think, Mr Hunter, given the cleverness of your point that you had better put in some evidence on which I can act that there is a public footpath and then apply to vary the order in relation to it and that will be considered. NatWest Group - Mortgages. Mr Hunter told me that the amount of money to be borrowed from UK Farm Finance Limited was not less than 1.55 million. 2. 16. I am also asked to make orders providing for service in connection with possible committal applications. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. The last letter to which I need refer on 14th July 2011 came by way of reply from Mr Hunter where he said this: "I am most disappointed that you have refused my offer of 1.550 million, which clearly exceeds the valuation by Savills sanctioned by Allsops on 29th June of this year and also exceeds by some way the guide price they had put on it at auction. Mr Hunter has put before me a written argument prepared for him by solicitors whom he has consulted which puts forward the rival point of view. 0 - 3 London Legends FC. The contracts appear to be in essentially the same terms apart from the identity of the land and the price. National Westminster Bank v Morgan - Case Summary The bic codes below belong to NATIONAL WESTMINSTER BANK PLC bank and/or any of its branches across all countries and cities in the world. But for today's purposes all I need to record is that it is not necessary for me to form a view whether the contracts with K Hunter and Sons Limited of 14th July 2011 came into existence before the land was knocked down at auction or after that date. WIPO Domain Name Decision: D2002-0823 MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. 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. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. . MR HUNTER: So what are you asking for? No such deposit was on offer from K Hunter and Sons Limited. The plaintiff was the remainder beneficiary under the will trust of her grandfather, who died in 1922. Completion will take place following confirmation from the seller that the cattle have been removed. The Receivers submit that they did the right thing by putting the property up for auction and getting the best bid at auction. Nestle v National Westminster Bank plc - Wikipedia 17. (2) There shall be entered in the register. In relation to the contract relating to Manor Farm, in addition to the change of date there is one further change, that is the purchase price, which had previously been 922,500, has been revised to 1,542,500. Lord Keith of Kinkel, Lord Griffiths, Lord Oliver of Aylemton, Lord Jauncey of Tullichettle. But possession and control do not turn upon ownership, one man can be the owner and another can be in possession and a third can have control. 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. I say that because this case does not turn upon which contract is first in time. National Westminster Bank Plc and Another v Inland Revenue 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. [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. MR JUSTICE MORGAN: All right. That company was acquired off-the-shelf in around February 2007. The future of this land has had to be addressed. By Clause 1.1 of the charge Mr Hunter charged by way of legal mortgage the property which I have described as the subject of the charge. That refers to a contract. If I'm going to be banned from my property how do I move the cattle? MISS WINDSOR appeared on behalf of the CLAIMANT. What strikes one from reading section 91(2) of the Law of Property Act 1925 is that it gives the Court in appropriate circumstances a power to order the sale of property. I don't know if you do, but I'm just asking that question, sir. They agreed, subject to a legal charge on . England and Wales. Ashe v National Westminster Bank - LawTeacher.net v. Arthur Young McClelland Moores & Co. (Practice Note) . The plaintiff sought summary judgment. If you are to get any modification of these orders you will have to in your own interests act extremely quickly. 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. MR JUSTICE MORGAN: You are not being given the opportunity to move the cattle, as I understand it. There is an effective contract by Mr Hunter to sell to Mr Taylor's company. National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; MR HUNTER: Do you have the power to ban me from public footpaths? Newcote Services Limited. I do not accept that submission. Should they be successful in Court, which is likely to take six months or more, their tenancies on Manor Farm, Pitchcott will inevitably devalue the properties by up to 50 per cent. 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. 31. Jurisdiction code: Breach of Contract, Disability Discrimination, Maternity and Pregnancy Rights, Sex Discrimination.