11.2, if the condition has not be satisfied within six months of the auction date then either the buyer or the seller can serve notice on the other to terminate this contract. 42. I will refer to the contract in relation to the bulk of the land. There was some description of some matters in relation to the land which I have been shown as follows. 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. The contract was to be completed six months from the date of the contract. 84. It was acquired by the Royal Bank of Scotland in 2000. 85. 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. I need to deal with those matters, albeit briefly. The copy of the sale memorandum produced to the Court does not identify the buyer, although one can see that the signature on behalf of the buyer was that of a C Taylor. I am also asked to make orders providing for service in connection with possible committal applications. 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. V - V National Westminster Bank Void 2STH 18/04/20 14:00: Economicals III V - V Fulham Compton Old Boys II Void . 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. Is there a public footpath across the land? 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. Rights have been acquired by Mr Taylor's company, Mr Taylo's compoany is on the face of it entitled to pursue those rights. 35. 2 - 0 Beckenham FC. BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. I have been shown a number of authorities on the operation of section 91(2). That condition is in extra special condition 11 which is in these terms: "11.1, the condition will be satisfied on the date that the seller has informed the buyer that the cattle that were on the lot as at the date of the auction as shown on the sale of memorandum, the auction date, has been removed. Do you have anything to say about costs? At First Instance - National Westminster Bank Plc and Another and Barclays Bank Plc and Another v Inland Revenue Commissioners ChD 6-Aug-1993 A business expansion tax plan was valid if it was issued before the Income and Corporation Taxes Act. 70. As a not-for-profit member organisation, the aim of National Hunter is to work together to prevent fraud for our members and at the same time to protect victims of fraud. The beneficiaries named were the widow, children and remoter issue of the settlor. This case. What do you say I should do? In case of any confusion, feel free to reach out to us.Leave your message here. In that case both the mortgagor and the mortgagee wished to see the property sold. (2) There shall be entered in the register. 56. 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 Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; ]: 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.) Mr Hunter may be right that in the past and up to today he has been in control of the cattle because he has continued in breach of the Court orders to trespass on the relevant land and tend to the cattle. 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. contains alphabet). Enhance your digital presence and reach by creating a Casemine profile. 9. 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. He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. 3. It is not necessary I think to go to every difference and attempt to resolve it. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. 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. MR HUNTER: Yeah, I'd like to appeal it, please, sir. The Receivers submit that they did the right thing by putting the property up for auction and getting the best bid at auction. 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. Paragraph 2 says you are not to go there. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. It was paid by cheque and the cheque has cleared. Working with your business. I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. The Court of Appeal is there to correct errors made by judges such as myself. Hudson v Secretary of State for Social Services, Jones v Secretary of State for Social Services [1972] 1 All ER 145, [1972] AC 944, [1972] 2 WLR 210, HL. They're there, they're on the map, sir. 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. MISS WINDSOR: It may be that my instructing solicitors will apply for the transcript, but they cannot apply to the Court of Appeal for an expedited hearing until such time as the appeal is underway. The judge adjourned the application to be relisted at the next available date after 20th July 2011.". MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. This works out as three complaints per 1,000 relevant accounts. That of course does not take from him his equity of redemption. 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. Southwark Crown Court. MR JUSTICE MORGAN: Right. The cattle are chattels personal and are therefore goods and therefore the statutory provisions apply to the cattle. 87. 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. 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. As I have indicated the contracts of February 2011 were not completed. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. 66. MISS WINDSOR: No, because the consequence of that is [inaudible]. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. The auction contract identifies further terms which apply to this sale. 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. MISS WINDSOR: 52.4(2): "The appellant must file the appellant's notice at the appeal court within such period as may be directed by the lower court or where the court makes no such direction 21 days after the date of the decision of the lower court that the appellant wishes to appeal." England and Wales High Court (Chancery Division), National Westminster Bank Plc v Hunter & Anor. It is clear that it is in Mr Hunter's interest to decline to cooperate and to make life difficult to the bank, although it is not in Mr Hunter's interest for him to break Court orders as he, on the face of it, has done, the Court orders to which I refer including an order made by the District Judge in the County Court on 31st August 2011, which required Mr Hunter to remove his stock from the land. 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. 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. 63. Lord Keith of Kinkel, Lord Griffiths, Lord Oliver of Aylemton, Lord Jauncey of Tullichettle. Raheem Bucknor. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. 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 wife got the family home as a life interest and a tax free annuity. 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. 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. The purchase price under the auction contract was 1,505,000. MR JUSTICE MORGAN: And they will take effect whether you issue an appellant's notice or do not issue an appellant's notice. Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. We use necessary cookies to make our site work. Paragraphs 4 and 5 they are to sell the stock. 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. For all those reasons I reach the conclusion that this application under section 91(2) must be dismissed. 6 bay facade. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. 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. 67. 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. Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. I do not have any evidence to judge what the measure of damages might be, but that would be the legal consequence. The Second Defendant is his wife, Mrs Karen Hunter. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. floating charge. It is possible this bank is of similar date and by the same architect. 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.". Mr Hunter had no proposals of a positive or constructive kind to put forward. Courts, sentencing and tribunals; It is therefore the case that the Court has jurisdiction notwithstanding the dissent of the bank to direct a sale of the mortgaged property. MR JUSTICE MORGAN: There is a Court of Appeal. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. 79. They are in essentially the same terms, save that they relate to different parcels of land. The contact provides for a 10 per cent deposit, 150,500. 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. 20. MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. Sorry, I don't understand what you're asking for. Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. 43. The next matter to which I need to refer is the fact that the contracts made on 23rd February 2011 have been amended in a way to which I will refer. Completion will take place following confirmation from the seller that the cattle have been removed. Law 512, Just before we deal with that, I am asked to order costs against you in relation to both applications. Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) National Westminster Bank Plc v Hunter and Another: ChD 23 Nov 2011 - swarb.co.uk National Westminster Bank Plc v Hunter and Another: ChD 23 Nov 2011 Reasons for dismissal of claim under section 91. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. Sat 18 Feb 23. 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. 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. Ethan Crane . I assume any potential bidders are aware of the above information as they should be. 0.00%. 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. Mr Hunter cannot apply to set aside the contract in favour of Mr Taylor's company; there is no basis on which he is able to do so. Let me invite Mr Hunter to deal with that. It may be that the auction contract was an involuntary contract on his part. 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. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. 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. He has, on the face of it -- although it is not for today for me to decide -- deliberately broken orders of the Court seeking to gain advantage by his breach. The Court will simply not tolerate that conduct continuing. 52. So for all those reasons I will abridge time to 14 days. The resulting figure was 930,000. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. FREDERICK ANDERSON GOODWIN, director, 6 Mar 2000 - 21 Nov 2008. MR JUSTICE MORGAN: I am not sure, what have I precisely said about that? What matters more are the events of the 14th July of this year. He will have to get an appellant's notice drafted---. 11. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). On 26 February Jordan hosted a meeting at Aqaba between Israel and the Palestinian National Authority (PNA). 12. 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 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 . 24. Lekan Akanni. 91. 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. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. 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. 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. 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. 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. 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. The consequence of that will be that the only contract that Mr Hunter is able to perform is the one in favour of Mr Taylor's company. Newbury Building Society. Our 67,404 banking and credit card complaints stem from our 26 million accounts. There is one other matter relating to the contract to which I ought to refer. 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. They agreed, subject to a legal charge on . 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. By Clause 4.3 the bank is given the power to appoint a Receiver. I was referred to a further authority on the operation of the sub-section, namely Cheltenham and Gloucester Plc v. Krausz [1997] 1 WLR 1558. ( a) the names and addresses of the members; ( b) the date on which each person was registered as a member; and. The seller there is again Mr Hunter. 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? You will just have to be patient a little longer. 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 other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. The contracts of 23rd February 2011 have not been completed. MR JUSTICE MORGAN: All right. It is agreed that all of the land with which this case is concerned is subject to one or other of those two charges. In particular, part of Kirkdene has been sold. 31. 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 MR JUSTICE MORGAN: And that is to be without prejudice to any powers you would have to recover 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 . 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. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. Because he is unable to perform them they will not be performed and title will be available to be transferred to Mr Taylor's company. 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. 51. 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. Citing: Applied - Henderson v Henderson 20-Jul-1843. Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. 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: But can I? Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. 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. So that is as much as I think I can indicate on that. 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. 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. The court set down the principles to be applied in abuse of process cases, where a . Clause 8.1.A reads: "The seller will sell the property free from incumbencies other than any matters other than the charge contained in the land registry entries." MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. It has not been served with notice of this application and has not had an opportunity to put forward its position. National Westminster Bank. 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. I have referred to that letter on the question of funding because the question of funding was raised in the communications between the parties prior to the auction in this case. This offer is open for acceptance until 4.30 p.m. Found National Westminster Bank Plc v Hunter & Anor useful? 69. 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: Now, Miss Windsor, I have refused permission to appeal, but it remains open to Mr Hunter to serve an appellant's notice. Published 2 March 2022 Explore the topic. That refers to a contract. Regina (Financial Conduct Authority) -v-. Under these contracts Mr Hunter is the seller and K Hunter and Sons Limited, the company controlled by Mrs Hunter, is the buyer. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? 1 - 3 National Westminster Bank. 330. IBAN Mandatory Although, IBAN can be used for domestic payments in the UK, currently, it is not mandatory. MR JUSTICE MORGAN: You do not want an order for costs? The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. Listing NGR: SE2637427830 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. 57. 50. 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. 44. Shares were issued on the sending of the allotment letter, not when the shares came to be registered in the company's books. 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. . For the sake of completeness I will start with the contracts of February 2011, although the position there is essentially the same as with the contracts of 14th July 2011 in favour of K Hunter and Sons Limited. MR HUNTER: Sir, I'll be taking legal advice, sir. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. 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. 80. 93. 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 .
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