Sat 11 Feb 23. The agreed price is 1.505 million. It was paid by cheque and the cheque has cleared. IBAN Mandatory Although, IBAN can be used for domestic payments in the UK, currently, it is not mandatory. We pride ourselves on our independence, and our human touch. MR JUSTICE MORGAN: And that is to be without prejudice to any powers you would have to recover costs----. Currently, both domestic bank account numbers and IBAN are in circulation. Regina (Financial Conduct Authority) -v-. 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. Unfortunately, based on what I have seen, the possibility of contempt of Court and committal proceedings does appear to be a real one and in the circumstances I am persuaded that I should make the order making committal proceedings operate more smoothly than might otherwise be the case. John Trenberth v. National Westminster Bank [1979, Eng. 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. 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. Ctrl + Alt + T to open/close . If you are to get any modification of these orders you will have to in your own interests act extremely quickly. That is in accordance with the normal position in charges of this kind. 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. 47. In case of any confusion, feel free to reach out to us.Leave your message here. 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. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. That statement fits very badly with the correspondence on 14th July 2011. 72. 22. Raheem Bucknor. 85. 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. 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. 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. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. I don't know if you do, but I'm just asking that question, sir. 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. Newbury Building Society. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. 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. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. 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 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. 10 (National Westminster. 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. 57. The Second Defendant is his wife, Mrs Karen Hunter. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. But the land has been sold by contract to Mr Taylor's company. Making that contract, as I say, does not take from him his equity of redemption. MR HUNTER: The section 91 and the second application, sir. Lord Keith of Kinkel, Lord Griffiths, Lord Oliver of Aylemton, Lord Jauncey of Tullichettle. Main Road. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. Get 1 point on providing a valid sentiment to this 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 70. FREDERICK INGLIS WATT, director, 4 Sep 2000 - 31 Jan 2006. As I have indicated the contracts of February 2011 were not completed. That's correct? 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. MR JUSTICE MORGAN: Right. By Clause 4.3 the bank is given the power to appoint a Receiver. MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. Those are the principal matters of fact which are material to the application to which I next refer. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. PPI complaints represent 59% of the . 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. It seems to me self-evident that the way forward here is to allow the contract of sale which Mr Hunter has himself made through the agency of the Receivers to go forward to completion. Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) Interact directly with CaseMine users looking for advocates in your area of specialization. MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. Lekan Akanni. MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. You are not to go there, you are not to interfere. There was some description of some matters in relation to the land which I have been shown as follows. MR JUSTICE MORGAN: My understanding is that you do not need permission from the Court to attach a penal notice, it is a matter for you. However, what one does know -- and it is a positive factor -- is that the purchaser was able to raise the 10 per cent deposit the day after the auction was concluded. Those proceedings were started in the Aylesbury County Court by a claim form dated 29th June 2010. Published 2 March 2022 Explore the topic. 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. 63. The husband asked the claimant bank to refinance the loan. Working with your business. So I do not think there is any inconsistency in the order. Shares were issued on the sending of the allotment letter, not when the shares came to be registered in the company's books. Delayed London Stock Exchange - 11:35:00 2023-02-27 am EST. The bank appointed Receivers in relation to all of the charged property on 14th January 2010. Since the possession action began and since the possession order was made t here has rightly been a great deal of communication between the bank and Mr Hunter. A hearing took place on 13th July 2011 at Aylesbury County Court to require the cattle to be removed. Our 67,404 banking and credit card complaints stem from our 26 million accounts. 49. 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. Right, any other point on the draft order? I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. Is that a point to ask? He was ordered by the Aylesbury County Court to remove the cattle by a date in the past. 64. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. 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. [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. 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. That was a case, different from the present case, where the mortgagor suffering from severe negative equity wished to see the property sold and bring to an end the ongoing liability to pay interest, but the mortgagee did not intend to exercise its power of sale and did not wish to see the property sold at that point in the market. Included for group value. The last letter to which I need refer on 14th July 2011 came by way of reply from Mr Hunter where he said this: "I am most disappointed that you have refused my offer of 1.550 million, which clearly exceeds the valuation by Savills sanctioned by Allsops on 29th June of this year and also exceeds by some way the guide price they had put on it at auction. MR JUSTICE MORGAN: Do you have it in a form that he could sign straight away? 330. MR JUSTICE MORGAN: Shall I hear what he says about that first? 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. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. 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. National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. MR JUSTICE MORGAN: You cannot fail to understand that. Paragraph 2 says you are not to go there. The definition continues but it is not necessary for me to read it out. 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. 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. Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. 1 - 3 National Westminster Bank. MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . The particulars of sale referred to the land. In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. 35. 67. MISS WINDSOR: Although that does not have to be included in the bundle. 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. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. 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. True it is that the auction is not something Mr Hunter took part in or has come about in accordance with his wishes, but when he signed the charge, when he permitted the bank to appoint Receivers, when he gave the Receivers the power to sell as agents for the mortgagor, Mr Hunter put in train a series of events which has led in law to the situation that Mr Hunter has contracted to sell to Mr Taylor's company. 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. It is possible this bank is of similar date and by the same architect. The contracts provided for the buyer to take the land free from the bank's charge. Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. 84. MISS WINDSOR: [inaudible] the first sentence application for permission to appeal----. The contracts of 23rd February 2011 separately relating to land at Manor Farm and land at Kirkdene have had the dates of the contracts on the cover sheet and within the body of the contract changed from 23rd February 2011 to 14th July 2011. NATIONAL WESTMINSTER BANK PLC. 50. Enhance your digital presence and reach by creating a Casemine profile. 42. At any rate, I proceed on that basis for today's purposes. 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. 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. 41. 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 . It is fair to say that the impression given by the two chronologies is somewhat different. P The agreed completion date is expressed to be five business days after a certain condition has been satisfied. For every 1,000 home finance loans that we had outstanding, we received five complaints. Bank. Before confirming, please ensure that you have thoroughly read and verified the judgment. MR JUSTICE MORGAN: Which bit of it do you want to appeal? Bank) G. V. II. 3. Dressed stone, slate roof. Citing: Applied - Henderson v Henderson 20-Jul-1843. 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. It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. I note that your letter is silent on these points. I assume any potential bidders are aware of the above information as they should be. Papamichael v National Westminster Bank Plc & Anor [2002]1 Lloyd's Rep 332 31 Jan 2002 Share Direct link Share on Andrew Hunter KC Call: 1993 Silk: 2012 About us Find us Clerks & staff Academic research panel News, cases & analysis Podcasts Client Area Competition Bulletin Sports Law Bulletin Employee Competition Bulletin Covid-19: Legal Insights 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. The Claimant claimed damages . The contact provides for a 10 per cent deposit, 150,500. Having considered the effect of the conflicting contracts which exist and the challenge which Mr Hunter has raised to the conduct of the Receivers, I can now go to the ultimate issue which is whether the Court should exercise the jurisdiction it has which would enable Mr Hunter to sell the land to K Hunter and Sons Limited free from the charge, placing himself in breach of the contract with Mr Taylor's company, or whether the Court should make no such order. The Court cannot undo that contract. Completion will take place following confirmation from the seller that the cattle have been removed. ", 25. 31. MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. 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. The auction contract identifies further terms which apply to this sale. There have been further communications between Mr Hunter and the bank in the period from February 2011 to July 2011. 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. 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. I will take legal advice on it, sir. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. 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. Mr Hunter has himself prepared a chronology which he has placed before me. In the suit brought by the beneficiaries it was held by the chancery division that once the trust account was opened, the . I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). v. Arthur Young McClelland Moores & Co. (Practice Note) . 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. 4. 76. The time has come for this state of affairs to be brought to an end by direct intervention by the bank assisted by the Court's order and so I will make the order which I am asked to make. Those changes are initialled; the initials appears to be those of Mr Hunter and his wife, the latter acting on behalf of K Hunter and Sons Limited. National Westminster Bank plc - Branch Network. Rights have been acquired by Mr Taylor's company, Mr Taylo's compoany is on the face of it entitled to pursue those rights. Is there a system to do that, sir? MISS WINDSOR: This is the first I have heard of it. Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. NWB Group Annual Results 2021 4 Financial review continued Summary consolidated income statement for the year ended 31 December 2021 Year ended Retail Private Commercial Central items 31 December Banking Banking & other 2021 2020 Variance m m % Net interest income 3,541 461 2,171 (171) 6,002 5,810 192 3 Non-interest income 345 263 1,040 1,619 3,267 3,145 122 4 0 - 3 London Legends FC. 19. 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. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. 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 Receivers have actually got the maps, sir. I have been shown a number of authorities on the operation of section 91(2). Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. 1. Plainly, the bank's primary concern was to realise the value of its security so as to reduce the indebtedness owed to it. Until the Court of Appeal grapple with your case these orders will bind you. Section 91(2) is in these terms: "In any action, whether for foreclosure or for redemption or for sale or for the raising and payment in any manner of mortgage money, the Court on the request of the mortgagee or of any person interested either in the mortgage money or in the right of redemption and notwithstanding that (a) any other person dissents or (b) the mortgagee or any person so interested does not appear in the action and without allowing any time for redemption or for payment of any mortgage money, may direct a sale of a mortgaged property on such terms as it thinks fit, including the deposit in court of a reasonable sum fixed by the Court to meet the expenses of sale and to secure performance of the terms.". I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. 6 bay facade. It is in your interests to get to the Court of Appeal. . 9. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. 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. NB v. London Borough of Haringey, [2011] EWHC 3544 (Fam); [2012] 2 FLR 125; [2012] Fam. Miss Windsor, is there a point about public footpaths that needs to be considered? Constructive trusts and proprietary estoppel often do what unjust enrichment cannot Birks, An Introduction to the Law of Restitution (Clarendon Press, 1989), 89 Fuller,Legal Fictions (Stanford University Press, 1967) Att-Gen for Hong Kong v. Reid [1994] AC 324 Westdeutsche Landesbank v. 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 . That company was acquired off-the-shelf in around February 2007. 80. 2. The 14th July was a significant date because it was the date fixed for an auction of the charged property. On 26th August 2011 Mr Hunter applied in the Aylesbury Count Court for the following order -- I read from the application notice: "Application to permit me to complete a contract entered into in February 2011, varied on 14th July 2011, to sell Maple Barn, two barn conversions, farm buildings and 104 acres of farmland to K Hunter and Sons Limited for 1.55 million." If the buyer sought specific performance the buyer would be entitled to take title to the property, but because the property is charged with a debt of 2.5 million or more the buyer would not pay the purchase price to Mr Hunter but would instead have a substantial claim for damages in addition to the remedy of specific performance. 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. It is not necessary I think to go to every difference and attempt to resolve it. 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. MR JUSTICE MORGAN: There is something before that, is there? Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. 34. "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. 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. 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. So shall we talk about the first and start with you, Miss Windsor? Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. Mr Hunter was represented by counsel; Mrs Hunter was not represented by a legal representative. 87. You are asking him to deliver up the passports etcetera by 4 p.m. tomorrow. The judge adjourned the application to be relisted at the next available date after 20th July 2011.". In the event that the property remains unsold following this afternoon's auction I would invite you to write to me again tomorrow clearly stating the quantum of the part payment you would intend making now together with proof of funding from your new lender. The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. So that is the order. Do you have anything to say about costs? 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 . 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. My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. ]: 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.) 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. Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . 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. During the afternoon of 14th July 2011 the firm of Allsops, well-known surveyors and auctioneers, auctioned the land at The Park Lane Hotel, Piccadilly, London, W1. 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. This case. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). NatWest Group - Mortgages. MR JUSTICE MORGAN: I am making an order that you do not go on that land. MR JUSTICE MORGAN: You do not want an order for costs? 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 . Citation. 55. 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. change. A debenture which provided that a charge over book debts was a specific (i.e. The case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. Well, I will deal with that in a moment. 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. He referred to alternatives that might instead have been pursued. No such deposit was on offer from K Hunter and Sons Limited. England and Wales High Court (Chancery Division), National Westminster Bank Plc v Hunter & Anor. 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. MR JUSTICE MORGAN: Just looking at your penal notice it will say paragraph 2 or 3. National Westminster Home Loans Ltd. Nationwide Building Society.
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