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. The bank appointed Receivers in relation to all of the charged property on 14th January 2010. I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). 90. It is possible this bank is of similar date and by the same architect. It has not been served with notice of this application and has not had an opportunity to put forward its position. 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. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! 330. 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. MR JUSTICE MORGAN: Right. So shall we talk about the first and start with you, Miss Windsor? We have discussed paragraph 3. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. 84. 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. Players. 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. 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. Although Mr Hunter is not in a position to raise that money there still remains an equity of redemption in the event that he were able to raise that money. 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. They are in essentially the same terms, save that they relate to different parcels of land. 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. 33. 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. 43. It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. Let me invite Mr Hunter to deal with that. I say that because this case does not turn upon which contract is first in time. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. There was some description of some matters in relation to the land which I have been shown as follows. Well, I will deal with that in a moment. 2 - 0 Beckenham FC. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. 85. Morgan J [2011] EWHC 3170 (Ch) Bailii Law of Property Act 1925 91 England and Wales Updated: 28 June 2021; Ref: scu.449869 Not only do we facilitate the sharing of data but we also utilise our investigative . MR JUSTICE MORGAN: There is a Court of Appeal. 72. 77. Lanre Akanni. 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. National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. MR JUSTICE MORGAN: And that is to be without prejudice to any powers you would have to recover costs----. Mr Hunter conversely contends that the Receivers did the wrong thing by putting the property up for auction when he had made offers of the kind I have described to buy the property. P 10 (National Westminster. It is not said that those sums were available to K Hunter and Sons Limited, I was told K Hunter and Sons Limited had no assets apart possibly from the benefit of the contract to which I have referred. 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. Get 2 points on providing a valid reason for the above Court grants injunction, despite noting that was fairly unreasonable and . Abuse of Process and Re-litigation. In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. There is an effective contract by Mr Hunter to sell to Mr Taylor's company. I note that in earlier correspondence you stated quite categorically that you were unable to raise more than 1.31 million 'now'. 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. I do not accept that submission. 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. Currently, both domestic bank account numbers and IBAN are in circulation. National Westminster Bank. Those are the principal matters of fact which are material to the application to which I next refer. MR JUSTICE MORGAN: I think in the circumstances I am minded to say the letter should be returned to you signed by 4 p.m. tomorrow. He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. Clause 8 of the contract is headed "Matters affecting the property". MISS WINDSOR: Subject to handwritten amendments, yes. 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. 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. Key point The doctrine of inequality of bargaining power was rejected by the House of Lords; the doctrine of undue influence is not subsumed by it Facts It is in your interests to get to the Court of Appeal. 32. 2. MR JUSTICE MORGAN: I am not sure, what have I precisely said about that? MR JUSTICE MORGAN: I thought we had got into 2011, but tell me the rule again, 52.4? 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. The bank replied in these terms: "Given the proximity of the property being offered for sale at auction, I do not propose to consider your proposal today. You will just have to be patient a little longer. 18. 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. By Clause 4.3 the bank is given the power to appoint a Receiver. 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 3. 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. 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. 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 ; 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 The agreed price is 1.505 million. I am not satisfied of either of those. 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 . In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. Mr Hunter has himself prepared a chronology which he has placed before me. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. In those circumstances, the cattle being on the land in the possession of the bank under the control of the Receivers it seems to me that at that point in time, if not earlier -- and I decide nothing about the earlier period -- that the cattle will be under the control of the bank which seeks this order. 44. Is it said to be wrong in law or is it said to be unfair or is it said to be wrong in fact? 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. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. National Westminster Bank v Somer [2002] QB 1286 5. On that date at around 12.18 pm, Mr Hunter sent an e-mail to the bank. 89. The case of National Westminster Bank plc v Lucas and others Re Estate of Jimmy Savile (deceased) ([2014] EWHC 653 (Ch)) involved a dispute between the Executors and the Trustees of the charitable Will Trust. O. Olley v Marlborough Court [1949] 1 KB 532 Omnium D'Enterprises v Sutherland [1919] 1 KB 618 Oscar Chess Ltd v Williams [1957] 1 WLR 370 . England and Wales. 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. 25% off till end of Feb! Under section 12(3) it is open to the bank to serve a particular notice which if it is not complied with will entitle them to sell the goods, namely the cattle. 61. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. The seller there is again Mr Hunter. Hunter v Canary Wharf; Hussey v Palmer; Hydeshire Ltd's Application, Re; Hypo-Mortgage Services v Robinson (I) IAM Group plc v Chowdrey; . I don't know if you do, but I'm just asking that question, sir. 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. England and Wales High Court (Chancery Division), National Westminster Bank Plc v Hunter & Anor. V NATIONAL WESTMINSTER BANK PLC Analysis On 20 August 2012 Richard Wright signed a discretionary trust of which the National Westminster Bank was the trustee. 64. There is no application before me today for any relief in relation to what happened in relation to Kirkdene and it is not necessary for me to go into that matter any further or say anything about it. MR JUSTICE MORGAN: All right. MR JUSTICE MORGAN: So you want an order for today? MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. 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. MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. 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. MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. 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. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. 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. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. 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. Sorry, I don't understand what you're asking for. It does not seem to me to be necessary to adjourn this hearing to hear from Mr Taylor's company. The resulting figure was 930,000. Included for group value. Whether that deposit was paid or not paid is not in the event material. The future of this land has had to be addressed. Prima facie, if the same person enters into two contracts for the sale of the same piece of land both contracts are binding in the law of contract, although there is a plain inconsistency between them and the Court may have to determine what remedies to give to which purchaser and in what circumstances. I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. Delayed London Stock Exchange - 11:35:00 2023-02-27 am EST. Working with your business. MR JUSTICE MORGAN: You are not being given the opportunity to move the cattle, as I understand it. 40. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. (2) There shall be entered in the register. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. MR HUNTER: But can I? The Court of Appeal is there to correct errors made by judges such as myself. Brief history In 1968 National Provincial Bank (including its subsidiary District Bank) and Westminster Bank, two of Britain's 'Big Five' banks, agreed to merge as National Westminster Bank. National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Practical Law Case Page D-000-1223 (Approx. It is not necessary I think to go to every difference and attempt to resolve it. 7. Since the making of the order for possession a number of things have happened, not all of which I need recite. 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. Decision date: 6 May 2021. The Receivers have actually got the maps, sir. Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. I note that your letter is silent on these points. What do you say I should do? I will return to the circumstances in which the Court might or might not make such an order after I have considered the effect of the various contracts which have been entered into. 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. That company was acquired off-the-shelf in around February 2007. 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. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). It is plain to me that he will continue to be uncooperative and difficult in similar ways to those which he has manifested in recent times. 14. These powers given by Clause 5 are in addition to all parts conferred on the Receiver under the general law. MR HUNTER: Yeah, I'd like to appeal it, please, sir. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. 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. MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. In the course of his submissions to me today Mr Hunter questioned the bank's entitlement to appoint those Receivers. The wife got the family home as a life interest and a tax free annuity. 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. 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. MISS WINDSOR: The relevant provisions are CPR 52.4, page 1541 of the White Book. 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. His e-mail stated: "I understand that I am not allowed to [refer to it] in open correspondence, however I will say that Manor Farm will not be auctioned before 4.30/5 p.m. today, which means there is plenty of time to withdraw it. MR JUSTICE MORGAN: Mr Hunter pays the costs for the two applications on the standard basis to be subject to a detailed assessment? National Westminster Bank Plc (1968-date), established in London, is part of NatWest Group. Mr Hunter, of course, will not be released from his covenant to pay the remainder of the debt. 66. 20. Hunter Menton Senior VP, Sales, Corporate Business Unit at National Westminster Bank Hunter Menton is a Senior VP, Sales, Corporate Business Unit at National Westminster Bank based in London, Greater London. It seems to me inevitable that I must proceed today on the basis that the Receivers have been validly appointed and have the powers vested in them by the legal charges. Sat 11 Feb 23. 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. National Westminster Bank Football Club is a football club based in Beckenham, England. This is also applied in National Westminster Bank v Hunter. 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. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. 45. 4. 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. 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----. 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. 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. NB v. London Borough of Haringey, [2011] EWHC 3544 (Fam); [2012] 2 FLR 125; [2012] Fam. 70. 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. 74. 55. Should the property remain unsold following the auction and you can provide proof of funding from your new lender I shall be happy to give further consideration to your refinancing proposals. The other matter concerns the way in which the payment was to be made. The auction contract identifies further terms which apply to this sale. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. [4] MISS WINDSOR: No, because the consequence of that is [inaudible]. Found National Westminster Bank Plc v Hunter & Anor useful? That is in accordance with the normal position in charges of this kind. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. 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. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. 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. At this hearing that is the only document before the Court which gives any information about the possibility of funding to K Hunter and Sons Limited in relation to a possible purchase of the land for 1.55 million. 56. 30. The contracts appear to be in essentially the same terms apart from the identity of the land and the price. This offer is open for acceptance until 4.30 p.m. Nor can I change the position in Mr Hunter's favour by granting some relief by way of injunction or otherwise against the Receivers. [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. 92. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 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. A debenture which provided that a charge over book debts was a specific (i.e. I can now pick up the chronology again by referring to what happened at that auction. 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. 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. 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. Interact directly with CaseMine users looking for advocates in your area of specialization. The difficulties of a practical kind which are being encountered are described in detail in the evidence which has been put in on behalf of the bank. 91. 2 storeys and attic. 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. MR JUSTICE MORGAN: Shall I hear what he says about that first? NatWest Group - Mortgages. 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. Nestle v National Westminster Bank: ChD 1988. 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 JUSTICE MORGAN: You do not want an order for costs? 23. The court set down the principles to be applied in abuse of process cases, where a . MR JUSTICE MORGAN: He is a member of the public and the public has the right. The husband asked the claimant bank to refinance the loan. Bank. 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. 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 . Facts. 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. 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. BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. 80. 34. Lumley v Wagner (1852) 42 ER 687, Court of Chancery September 2020 Derek Whayman Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. 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. Mr Hunter, I am asked to make an order in detailed terms. New Wave Capital Ltd. Newable Business Finance Ltd. Newable Limited. As I will describe in due course, part of the land the subject of the charge of 12th April 2007 has more recently been sold, but the remainder of that land remains subject to that charge. The sale memorandum states that the deposit was paid, though the evidence is that it was paid the next day, 15th July 2011. 0.00%. 76. That of course does not take from him his equity of redemption. FREDERICK ANDERSON GOODWIN, director, 6 Mar 2000 - 21 Nov 2008. 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. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). In that wa, Mr Hunter decided in February 2011 that he would sell the land which remained subject to the charges to the company K Hunter and Sons Limited to which I have referred. 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 HUNTER: Sir, I'll be taking legal advice, sir. The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. Because, of course, first of all the application would be considered on paper and then Mr Hunter would have a possible right to renew his application orally. But the land has been sold by contract to Mr Taylor's company. ", 26. The 14th July was a significant date because it was the date fixed for an auction of the charged property. What matters more are the events of the 14th July of this year. In June 2018, judgment was handed down dismissing Mr Broomhead (the "Claimant" )'s claim against National Westminster Bank plc (the "First Defendant") and The Royal Bank of Scotland plc (the "Second Defendant") concerning the Claimant's business banking relationship with the First Defendant.
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