37. "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. I don't understand the system, sir. 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. 89. 0 - 3 London Legends FC. The beneficiaries named were the widow, children and remoter issue of the settlor. 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. I will start the comparison by looking at the position of K Hunter and Sons Limited. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. National Westminster Bank Plc (1968-date), established in London, is part of NatWest Group. 18. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. 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. Turning then to the position of Mr Taylor's company, the Court has not been given evidence as to the position of that company or the people standing behind it. 87. 17. Royal Trust Bank v National Westminster Bank plc [1996] BCC 613 was a decision of the Court of Appeal in relation to the nature of a floating charge . 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. Working with your business. [1991] 2 AC 93, [1991] 3 All ER 41, [1991] 2 WLR 1177. 330. 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. 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. Making that contract, as I say, does not take from him his equity of redemption. 50. 13 December 2021. Rights have been acquired by Mr Taylor's company, Mr Taylo's compoany is on the face of it entitled to pursue those rights. You will just have to be patient a little longer. Well, I will deal with that in a moment. We would also like to set optional cookies to improve our site and bring you more . It is in your interests to get to the Court of Appeal. That is in place of 3(ii), is it? 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. 41. 16. 73. That was made on 23rd February 2011. That company was acquired off-the-shelf in around February 2007. 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. Raheem Bucknor. That certainly means that Mr Hunter is not able to convey title to the charged property to a third party. 91. Facts [ edit] A testator died in 1922 and named his widow, two sons and wives and one grandchild as the beneficiaries. In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. 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: Right. 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. 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: And they will take effect whether you issue an appellant's notice or do not issue an appellant's notice. There is a second application before the Court----. You are not to go there, you are not to interfere. Mr Hunter has been very well aware for a considerable period of months that the bank has wanted him to remove his cattle. Lord Keith of Kinkel, Lord Griffiths, Lord Oliver of Aylemton, Lord Jauncey of Tullichettle. 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 case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. 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. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. England and Wales High Court (Chancery Division), National Westminster Bank Plc v Hunter & Anor. 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. 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. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). 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. 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. Venue: CLUB LANGLEY Pitch 1. Click here to remove this judgment from your profile. Right, any other point on the draft order? 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. The bank replied in these terms: "In my letters to you earlier this week I made it clear to you that as a condition of any proposals being accepted and for me to be able to ask the Receivers to withdraw the property from the auction the bank would require your solicitor (1) to pay a non-refundable deposit of 10 per cent of any agreed settlement figure prior to auction and (2) to provide proof of funding. 53. 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 V - V National Westminster Bank Void 2STH 18/04/20 14:00: Economicals III V - V Fulham Compton Old Boys II Void . Regina (Financial Conduct Authority) -v-. If there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. This case. Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. FREDERICK INGLIS WATT, director, 4 Sep 2000 - 31 Jan 2006. MR JUSTICE MORGAN: Which bit of it do you want to appeal? 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. 10. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. Branches were almost immediately opened at Brighton, Canterbury, Croydon, Lewes, Maidstone, Sevenoaks, Tonbridge, Tunbridge Wells and Woolwich. 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. 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. The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. 70. 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 District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. This works out as three complaints per 1,000 relevant accounts. It is agreed that all of the land with which this case is concerned is subject to one or other of those two charges. 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. 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. The Receivers have actually got the maps, sir. Then there is the question of funding. Those proceedings were heard in the County Court on 10th August 2010. 68. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. 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. IBAN Mandatory Although, IBAN can be used for domestic payments in the UK, currently, it is not mandatory. 22. Let me invite Mr Hunter to deal with that. FCA-v-Natwest-Sentencing-remarks-131221.pdf 405.95 kb. National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Practical Law Case Page D-000-1223 (Approx. That is what he has to do to get the appeal up and running, is it? Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . The resulting figure was 930,000. In the course of his submissions to me today Mr Hunter questioned the bank's entitlement to appoint those Receivers. Citing: Applied - Henderson v Henderson 20-Jul-1843. So that is as much as I think I can indicate on that. 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. There is no application before the Court today to have the appointment set aside or to have the Receivers removed. Newcote Services Limited. I say that because this case does not turn upon which contract is first in time. MR JUSTICE MORGAN: I think what I will do is I will shorten the time for you to serve an appellant's notice from 21 days to 14 days. The Claimant claimed damages . It was acquired by the Royal Bank of Scotland in 2000. The Court of Appeal is there to correct errors made by judges such as myself. The tribunal held that the House of Lords decision in Westminster Bank Executor and Trustee Co (Channel Islands) Ltd v National Bank of Greece SA [1971] AC 945 remains the only decision that binds the lower courts on this point. National Westminster Bank v Somer [2002] QB 1286 5. National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd In National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd [1972] AC 785 it was held that an agreement between a bank and its customer that the debit on one account could not be set off against the credit on another account was void. I do not have any evidence to judge what the measure of damages might be, but that would be the legal consequence. Accordingly, the question of selling the land has been one of the matters at the front of anyone's consideration. In the course of submissions today I asked Mr Hunter what his practical proposals might be to bring to an end the state of affairs whereby the bank was being prevented from having possession, as the Court has held it is entitled to do, by reason of his conduct. MR JUSTICE MORGAN: You do not want an order for costs? National Wesminster Bank PLC. However, the comparison ceases to be favourable to Mr Hunter from that point. I have been shown a number of authorities on the operation of section 91(2). Jul 2021. Let me see what Mr Hunter says about those two matters and his application for permission. We use necessary cookies to make our site work. 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. This is also applied in National Westminster Bank v Hunter. 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. 48. The seller there is again Mr Hunter. 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 . Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. On that date at around 12.18 pm, Mr Hunter sent an e-mail to the bank. 93. Please log in or sign up for a free trial to access this feature. Read the full decision in Mrs L . It is not a case where the contract which is first in time is valid and the contract which is second in time lacks legal effect. 61. MR JUSTICE MORGAN: Shall I hear what he says about that first? 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. Jurisdiction code: Breach of Contract, Disability Discrimination, Maternity and Pregnancy Rights, Sex Discrimination. 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. Morgan J [2011] EWHC 3170 (Ch) Bailii Law of Property Act 1925 91 England and Wales Updated: 28 June 2021; Ref: scu.449869 36. 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. 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. The husband asked the claimant bank to refinance the loan. 35. P That would have left a balance of 2.5 million, which I am told in the course of argument has risen further by reason of fees and charges being added to the principal debt. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. These powers given by Clause 5 are in addition to all parts conferred on the Receiver under the general law. In the suit brought by the beneficiaries it was held by the chancery division that once the trust account was opened, the . 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. I don't know, sir, but you tell me. MR JUSTICE MORGAN: I am not here to answer questions. My improved offer of 1.550 million to be paid in 12 months is clearly above the guide price set by Allsops and well in excess of the 1.375 million valuation by Savills. 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. I sincerely hope that Mr Hunter will see just how foolish he has been in the conduct on which he has embarked. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. The trust fund was then worth about andpound;50,000. It is pursuant to an application notice of 21st October 2011. Adam Billey. 56. 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. 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. 32. 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. Since the making of the order for possession a number of things have happened, not all of which I need recite. In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. He referred to alternatives that might instead have been pursued. 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. We have discussed paragraph 3. We confirm that the funds would be available to you pursuant to the loan facility offered to have enabled you to complete an agreement for the purchase of the property upon completion of the necessary conveyancing formalities. MR JUSTICE MORGAN: I am making an order that you do not go on that land. 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 . We pride ourselves on our independence, and our human touch. Courts, sentencing and tribunals; Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? 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. 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. At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. * Enter a valid Journal (must 71. 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. 20. Joe Bumpus. 19. Is it said to be wrong in law or is it said to be unfair or is it said to be wrong in fact? The bank has prepared a draft order which has been considered in the course of submissions today. He will have to get an appellant's notice drafted---. 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. Mr Hunter had no proposals of a positive or constructive kind to put forward. MR HUNTER: The section 91 and the second application, sir. Sentencing Remarks of Mrs Justice Cockerill. 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----. Do you want to say anything about the points of details save for the general points? Clause 3 of the charge is headed "Restrictions on charging, leasing, disposing and parting with possession". Ethan Crane . 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. MR HUNTER: Do you have the power to ban me from public footpaths? I note that your letter is silent on these points. 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. A debenture which provided that a charge over book debts was a specific (i.e. I am very far from satisfied on the material before me today that K Hunter and Sons Limited has tied up satisfactorily the question of funding a purchase at a price of 1.55 million. Until the Court of Appeal grapple with your case these orders will bind you. The last thing he wanted to do was to contract at an auction to sell the property, but in law that is precisely what he has done. Insofar as the bank seeks an order for sale under section 13 of the Torts (Interference of goods) Act 1977 the point made by Mr Hunter is first that the cattle which are on the land and which might, in breach of the Court orders, in the future be brought onto the land are not "goods" for the purpose of the 1977 Act.
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