national westminster bank v hunter

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. 22. The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. 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. 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. 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. National Westminster Bank Plc (1968-date), established in London, is part of NatWest Group. 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. 52. 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. MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. National Westminster Home Loans Ltd. Nationwide Building Society. 8. 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. Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). 91. 56. That is in place of 3(ii), is it? The last outstanding life interest under the trust was that of her father John, who died in 1986. The contracts of 23rd February 2011 have not been completed. MR HUNTER: I think both, sir. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. Click here to remove this judgment from your profile. A hearing took place on 13th July 2011 at Aylesbury County Court to require the cattle to be removed. I note that your letter is silent on these points. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. In the suit brought by the beneficiaries it was held by the chancery division that once the trust account was opened, the . 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: But you are in very considerable need of capable legal advice not later than tomorrow morning I would suggest to get on with this. However, pursuant to the draft order which is before the Court I am invited to order and I will order a number of restrictions of Mr Hunter's future conduct. Adam Billey. 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. [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. 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. Nothing of that kind was put before the bank prior to the auction taking place and nothing of that kind has been put before the Court today. 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. MR JUSTICE MORGAN: You cannot fail to understand that. 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. The e-mail was in these terms: "Further to our recent correspondence, I am writing to you again to make an increased offer of 1.550 million to be paid in 12 months' time. 34. We pride ourselves on our independence, and our human touch. today. 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 contract was to be completed six months from the date of the contract. 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. 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. 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. It is not necessary to examine further the reason for that, that principle does not apply where the contract is made by the mortgagor as the auction contract in this case was made. 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. 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. MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. The plaintiff sought summary judgment. Further, under section 12(1)(a) Mr Hunter is already in breach of an obligation to take delivery of the cattle. 73. Morgan J [2011] EWHC 3170 (Ch) Bailii Law of Property Act 1925 91 England and Wales Updated: 28 June 2021; Ref: scu.449869 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 . 87. He has deliberately, in breach of Court orders, refused to do so to gain an advantage by his unlawful conduct. 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. On the other hand, Mr Hunter, who is a stock farmer, has left upon the land a number of cattle, I think some 90 or so, although as a result of recent developments the number of cattle on the land today I understand is 3 cows. However, at the hearing Mr Hunter has referred to a subsequent letter dated 29th July 2011 from UK Farm Finance Limited to K Hunter and Sons Limited. 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. The contracts appear to be in essentially the same terms apart from the identity of the land and the price. 68. Clause 8 of the contract is headed "Matters affecting the property". 76. 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. 6 bay facade. Currently, both domestic bank account numbers and IBAN are in circulation. 88. I sincerely hope that Mr Hunter will see just how foolish he has been in the conduct on which he has embarked. 64. 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. I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. 57. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. 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. 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. 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. Listing NGR: SE2637427830 It is agreed that all of the land with which this case is concerned is subject to one or other of those two charges. Lord Keith of Kinkel, Lord Griffiths, Lord Oliver of Aylemton, Lord Jauncey of Tullichettle. 4. What is unusual about the present case is that there is no dispute but that this property must be sold. 12. 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. 75. 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. FREDERICK INGLIS WATT, director, 4 Sep 2000 - 31 Jan 2006. The bank has prepared a draft order which has been considered in the course of submissions today. You are also aware that there is waste contaminated by asbestos that has to be removed by 2nd August 2011, which is a condition set by the enforcement notice served by Aylesbury Vale District Council. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. So that is as much as I think I can indicate on that. 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. Until the Court of Appeal grapple with your case these orders will bind you. Nor can I change the position in Mr Hunter's favour by granting some relief by way of injunction or otherwise against the Receivers. Get 2 points on providing a valid reason for the above There is a second application before the Court----. 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 of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. (NWBD) Add to my list. Sentencing Remarks of Mrs Justice Cockerill. The cattle are chattels personal and are therefore goods and therefore the statutory provisions apply to the cattle. 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? I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). Sat 18 Feb 23. The purchase price under the auction contract was 1,505,000. 19. MR JUSTICE MORGAN: Mr Hunter pays the costs for the two applications on the standard basis to be subject to a detailed assessment? MR JUSTICE MORGAN: Right. Courts, sentencing and tribunals; The definition continues but it is not necessary for me to read it out. Well, I will deal with that in a moment. 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. 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. In the course of his submissions to me today Mr Hunter questioned the bank's entitlement to appoint those Receivers. Southwark Crown Court. 17. Bays 2, 3 and 4. are set within octagonal colonnettes surmounted by lantern domed finials, 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. Orr. 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. Mr Hunter has been very well aware for a considerable period of months that the bank has wanted him to remove his cattle. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. 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----. 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. It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. I don't know if you do, but I'm just asking that question, sir. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. 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. MISS WINDSOR: If Mr Hunter would like the three cattle herded through the gate, as he herded the other 87 through, onto his brother's land the Receivers will arrange for the three cattle to be handed over at the gate at that point. The battle was between which of the two of them should have conduct of the sale. 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. 90. Mr Hunter was represented by counsel; Mrs Hunter was not represented by a legal representative. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! The trust fund was then worth about andpound;50,000. 7. 37. Newcote Services Limited. Clause 3 of the charge is headed "Restrictions on charging, leasing, disposing and parting with possession". 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. 58. Read the full decision in Mrs L . So shall we talk about the first and start with you, Miss Windsor? 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. Bank. MR JUSTICE MORGAN: Which bit of it do you want to appeal? The agreed completion date is expressed to be five business days after a certain condition has been satisfied. ( a) the names and addresses of the members; ( b) the date on which each person was registered as a member; and. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. 71. 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 have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. Mr Hunter, under the rules you have 21 days to serve an appellant's notice. The final reason for abridging time is that you are bound by a contract to sell Mr Taylor's company and I do not think it is appropriate to place the bank and the Receivers under time pressure where they might end up having difficulty in meeting time limits under the contract. 32. Since the making of the order for possession a number of things have happened, not all of which I need recite. 82. 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 say that because this case does not turn upon which contract is first in time. This is also applied in National Westminster Bank v Hunter. MR JUSTICE MORGAN: Right. Is that clear? MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. MISS WINDSOR: The relevant provisions are CPR 52.4, page 1541 of the White Book. 10 (National Westminster. 53. At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. The Court cannot undo that contract. 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.". 11. 80. MR JUSTICE MORGAN: Right. Interact directly with CaseMine users looking for advocates in your area of specialization. Ctrl + Alt + T to open/close . It is in your interests to get to the Court of Appeal. So if the amount which remains charged on the property is between 2.5 million and 3 million it is clear that Mr Hunter would not be able to take advantage of a contract to sell for 930,000 without the intervention of the Court. 33. 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. 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 . 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. 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. 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. ]: needed to repair building but couldn't do so without trespassing on property (needed to use it as a staging area, bring materials across, etc.) The letter does refer to "a formal offer of finance" which suggests that something in written form and in more detail did exist by 29th July 2011. Taxpayer stake in Natwest reduced again as government sells shares. 24. 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. It is not said that any evidence as to the availability of funding beyond what was stated in the letters was provided to the bank before or on 14th July 2011. 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. Please log in or sign up for a free trial to access this feature. 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. These powers given by Clause 5 are in addition to all parts conferred on the Receiver under the general law. ", 27. Contains public sector information licensed under the Open Government Licence v3.0. Mr Hunter, of course, will not be released from his covenant to pay the remainder of the debt. That of course does not take from him his equity of redemption. MR JUSTICE MORGAN: If there is a public footpath and if you come to court asking for this to be varied then that is entirely something you can do and the Court will react to it when it has the evidence on which to act. No such deposit was on offer from K Hunter and Sons Limited. Mr Hunter, I am asked to make an order in detailed terms. I am not satisfied of either of those. Players. 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. 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. It seemed to emerge in the course of argument that Mr Taylor is known to Mr Hunter and it also seemed to emerge that the buyer is not Mr Taylor personally but is a company controlled by Mr Taylor. Nestle v National Westminster Bank plc [1992] EWCA Civ 12 is an English trusts law case concerning the duty of care when a trustee is making an investment. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. 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. BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. 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. That refers to a contract. Sorry, I don't understand what you're asking for. 89. 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. There was some description of some matters in relation to the land which I have been shown as follows. The Court will simply not tolerate that conduct continuing. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? 1 - 3 National Westminster Bank. Shall we just work out the agenda? The case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. Venue: HALL PLACE #4. SE 1422 NE (east side) 6/14 No. Whether that deposit was paid or not paid is not in the event material. The other matter concerns the way in which the payment was to be made. 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. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. 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. 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. This works out as three complaints per 1,000 relevant accounts.

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