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. 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. Their payments fell into arrears and the building society started proceedings for repossession. 85. First of all, to bring the present unsatisfactory state of affairs to end I will make an specific order backed with a penal notice that Mr Hunter and anyone acting on his behalf must not enter upon any part of the property or move or bring any cattle or any livestock or other chattels onto the property. FREDERICK INGLIS WATT, director, 4 Sep 2000 - 31 Jan 2006. Coordinates Latitude: 53.4064 / 5324'23"N Longitude: -2.9913 / 259'28"W OS Eastings: 334197 OS Northings: 390410 OS Grid: SJ341904 Mapcode National: GBR 72N.YW Mapcode Global: WH877.0MVY Plus Code: 9C5VC245+HF Entry Name: National Westminster Bank Listing Date: 28 June 1952 Grade: II* Source: Historic England Source ID: 1205939 The bank appointed Receivers in relation to all of the charged property on 14th January 2010. 13 December 2021. 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. The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. So under these contracts Mr Hunter on the face of it was contracting to sell land which was subject to a charge charging a liability to pay a sum of money well in excess of 2.5 million for a purchase price of 930,000. GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. 57. Sat 18 Feb 23. Clause 3 of the charge is headed "Restrictions on charging, leasing, disposing and parting with possession". Lekan Akanni. The argument is not about what the Receivers can do today but is instead what they should have done prior to the holding of the auction on 14th July 2011. It is also relevant to refer to a limited company which is called K Hunter and Sons Limited. 70. 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. MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. 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. 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 . MR JUSTICE MORGAN: No, but the Court of Appeal is not going to really know what this case is about, particularly with Mr Hunter acting without legal assistance, unless it sees what was put forward as the reasons for the decision. change. NatWest Group - Mortgages. Illingworth v Houldsworth [1904] AC 355, HL; affg sub nom Re Yorkshire Woolcombers Association Ltd, Houldsworth v Yorkshire Woolcombers Association Ltd [1903] 2 Ch 284, CA. It was paid by cheque and the cheque has cleared. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. It is therefore the case that the Court has jurisdiction notwithstanding the dissent of the bank to direct a sale of the mortgaged property. They are in essentially the same terms, save that they relate to different parcels of land. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. I can now pick up the chronology again by referring to what happened at that auction. Then there is the question of funding. Currently, both domestic bank account numbers and IBAN are in circulation. In H2 2021, complaints made to the Bank were down ~22% compared to H1 2021. England and Wales. Now, outside court if you and the Receivers can come to a practical solution of the kind Miss Windsor has referred to nothing in the order stops that because the Receivers can give you permission to go there for a limited purpose, nothing in the order stops that. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. I do not accept that submission. 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. Thereafter she was absolutely entitled to the . So just reading the section alone one questions what it is the Court would be doing if it was to interfere with the state of affairs that has come about out of court. MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. Well, I will deal with that in a moment. National Westminster Bank PLC. 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. MR JUSTICE MORGAN: I am not here to answer questions. 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. 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. 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. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? As I have indicated the contracts of February 2011 were not completed. Working with your business. I have not been asked to grant a stay of any of the orders, but if I were asked I would refuse to grant a stay, which means that Mr Hunter would have to go to the Court of Appeal and seek to obtain a stay there. It provided for payment of a deposit of 1. The immediate difficulty created by those contracts for Mr Hunter is that Mr Hunter was not then and has not since been in a position to redeem the bank's charge. 43. So that is as much as I think I can indicate on that. Mr Hunter had no proposals of a positive or constructive kind to put forward. ", 26. MISS WINDSOR: Subject to handwritten amendments, yes. The trust fund was then worth about andpound;50,000. What is unusual about the present case is that there is no dispute but that this property must be sold. Jurisdiction code: Breach of Contract, Disability Discrimination, Maternity and Pregnancy Rights, Sex Discrimination. Get 1 point on providing a valid sentiment to this Mr Hunter had said in correspondence and has made it clear at the hearing today that the application which he makes is pursuant to the Court's power conferred by section 91(2) of the Law of Property Act 1925. 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. 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. National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. If I made an order in Mr Hunter's favour under section 91(2) whereby Mr Hunter sold the land to K Hunter and Sons Limited I would place Mr Hunter in breach of contract in favour of Mr Taylor's company. 72. 23. 92. 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. Sentencing Remarks of Mrs Justice Cockerill. In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. 69. 18. Newcote Services Limited. The contracts provided for the buyer to take the land free from the bank's charge. Is there a public footpath across the land? I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). I have been told you have gone to a solicitor in the past----, MR JUSTICE MORGAN: ----you do not have to tell me, but are you intending to go back to the same person----. 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. Nestle v National Westminster Bank: ChD 1988. Miss Windsor, is there a point about public footpaths that needs to be considered? So it will be the lodging of the appeal which will enable a number to be added to the appeal and then my instructing solicitors to apply for an expedited hearing and even at that point we anticipate it will take some weeks. 56. John Trenberth v. National Westminster Bank [1979, Eng. 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 . 77. 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 . Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. The battle was between which of the two of them should have conduct of the sale. It is also the case that there have been further applications to the Court and eventually Mr and Mrs Hunter did leave the land, that is they ceased to reside on any part of the land or buildings. They are in force. 89. 44. If you are to get any modification of these orders you will have to in your own interests act extremely quickly. 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.". In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. 7. I can see in detail what the parties said to each other because they said it in writing in documents sent by e-mail which have been produced in evidence. The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. Ordinarily the time limit for lodging appellant's notice is 21 days. No such deposit was on offer from K Hunter and Sons Limited. 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. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. That is generally regarded as the appropriate action of a bank or a Receiver who has a duty to take steps to obtain a proper price for the security. I will take legal advice on it, sir. 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. MR HUNTER: But can I? There was some description of some matters in relation to the land which I have been shown as follows. By Clause 3.1.3 in particular Mr Hunter agreed that he would not without the bank's prior written consent dispose of the charged property. Lanre Akanni. Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. 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. 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 . Let me invite Mr Hunter to deal with that. He was ordered by the Aylesbury County Court to remove the cattle by a date in the past. 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. Ethan Crane . It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. FCA-v-Natwest-Sentencing-remarks-131221.pdf 405.95 kb. 20. For the sake of completeness I will start with the contracts of February 2011, although the position there is essentially the same as with the contracts of 14th July 2011 in favour of K Hunter and Sons Limited. MR JUSTICE MORGAN: And even if I do not give you permission to go to them you are free to go to them and tell them all about it and they will do what is appropriate. 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. Adam Billey. MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. 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. It is an autonomous publicly-held company still trading under the NATWEST, NATIONAL WESTMINSTER and NATIONAL WESTMINSTER BANK marks but is now a fully-owned subsidiary of the Royal Bank of Scotland Group. There is now insufficient time for the bank to be comfortable as to the terms of your proposals prior to the auction later this afternoon. Newbury Building Society. The Court of Appeal is there to correct errors made by judges such as myself. 47. 93. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. Mr Hunter, I am asked to make an order in detailed terms. Click here to remove this judgment from your profile. 64. 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 purchase price under the auction contract was 1,505,000. In that case both the mortgagor and the mortgagee wished to see the property sold. 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. The leading authority which identified the potential of the sub-section is the decision of the Court of Appeal in Palk v. Mortgage Services Funding Plc [1993] Ch. 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. Brief history This joint stock bank was established in Southwark in 1836 as Surrey, Kent & Sussex Banking Co. MR HUNTER: Sir, I'll be taking legal advice, sir. I do not have any evidence to judge what the measure of damages might be, but that would be the legal consequence. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). . 5. 0 - 3 London Legends FC. My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. This is also applied in National Westminster Bank v Hunter. 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 In the suit brought by the beneficiaries it was held by the chancery division that once the trust account was opened, the . 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. Making that contract, as I say, does not take from him his equity of redemption. I am not going to start going into a point of that kind at this stage when you have not mentioned it before. It is not necessary I think to go to every difference and attempt to resolve it. 12. Clause 8 of the contract is headed "Matters affecting the property". At any rate, I proceed on that basis for today's purposes. Court grants injunction, despite noting that was fairly unreasonable and . MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. "Even if one assumes that the Chancery Court has the power to order sale of mortgaged property on terms that displaced the mortgagee's right to possession, I do not consider that it follows from this that the County Court as part of its inherent jurisdiction can properly suspend an order or warrant for possession in order to enable the mortgagor to apply to the High Court for an order under section 91. fixed) charge and required the company to pay the proceeds of the debts when received into the company's account with the bank and not otherwise to deal with the debts created a fixed charge over the book debts in accordance with the decision in Siebe . [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. 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. You have done this with full knowledge that I am still in possession of Manor Farm, Pitchcott. 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. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. 48. 142.75. Mr Hunter has raised a number of questions today in argument as to the way in which the bank or the Receivers went about the sale of part of Kirkdene. The husband asked the claimant bank to refinance the loan. The contracts of 23rd February 2011 have not been completed. 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. The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. But the land has been sold by contract to Mr Taylor's company. It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. 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. Not only do we facilitate the sharing of data but we also utilise our investigative . 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. So that is the order. Paragraph 2 says you are not to go there. ", 25. National Westminster Home Loans Ltd. Nationwide Building Society. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. ", 27. If you want to have some sort of suspension or stay you will have to go to the Court of Appeal at an oral hearing probably and ask for them to be modified. At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. National Westminster Bank. I do not have very much detail about the state of affairs in relation to the company, but Mr Hunter has told me at the hearing today that all of the shares are owned by Mrs Karen Hunter and that he believes that she is a director of that company. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. 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. 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. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? MR JUSTICE MORGAN: Well, let me see. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. You are not to go there, you are not to interfere. That has the heading "Effect of contract for sale" but if one reads the passage it can be seen that is dealing with a contract made by a mortgagee acting under the mortgagee's power of sale. It seems to me to be an unnecessary step to require the bank to serve a notice on Mr Hunter requiring him to remove the cattle else they will be sold. 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. 35. 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. MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? contains alphabet). That of course does not take from him his equity of redemption. National Westminster Bank Ltd v Barclays Bank International Ltd [1975] 1 QB 654 (17 June 1974) is a decision of the High Court relating to the duty of care of a bank in relation to forged cheques with respect to persons other than their customer. The Claimant claimed damages . He is not in practical terms able to redeem the charges so he is not able to convey free from the charges. 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. 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. 41. 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.
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