Yootha Joyce Daughter, Immortals Fenyx Rising Myth Challenge Locations, What Are The Two Different Interpretations Of The Omen?, Articles N

Listing NGR: SE2637427830 59. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. Courts, sentencing and tribunals; 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 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. I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. It may be convenient at this point before considering the application of section 91(2) to that state of affairs to investigate a matter which has been very much in dispute in the course of argument. ", 29. MR JUSTICE MORGAN: I am not sure, what have I precisely said about that? National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. London Stock Exchange uses cookies to improve its website. [1977] A.C. 1, and Hunter v. Chief Constable of the West Midlands Police [1982] A.C. 529 are obiter indorsements of obiter dicta, so far as the vital words are concerned, and only Lord Hailsham of St. Marylebone . In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). Abuse of Process and Re-litigation. ", 27. What matters more are the events of the 14th July of this year. MR HUNTER: The section 91 and the second application, sir. 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.". By Clause 4.3 the bank is given the power to appoint a Receiver. Bank) G. V. II. 22. 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 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 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. Lekan Akanni. The cattle are chattels personal and are therefore goods and therefore the statutory provisions apply to the cattle. The last outstanding life interest under the trust was that of her father John, who died in 1986. Nor can I change the position in Mr Hunter's favour by granting some relief by way of injunction or otherwise against the Receivers. 18. 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. 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. 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. 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. 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. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. It identifies various heads of relief based upon difficulties which the bank says it has encountered because Mr Hunter has continued to keep stock upon the land and has failed to cooperate with efforts made by the bank to have the stock removed from the land. It is plain to me that he will continue to be uncooperative and difficult in similar ways to those which he has manifested in recent times. I don't understand the system, sir. 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. 58. Under section 13 the Court has the power in relation to goods to which section 12 applies where it is shown that the bank would be entitled to sell the goods if it gave a notice in accordance with schedule 1 to the Act, the Court may then authorise the sale subject to such terms and conditions as may be specified in the order. 54. MR JUSTICE MORGAN: I thought we had got into 2011, but tell me the rule again, 52.4? 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. I will now give my reasons for the decision I expressed earlier today to dismiss Mr Hunter's application under section 91 of the Law of Property Act 1925 and I will also give brief reasons in relation to the other application before me, the application by the bank for various heads of relief in support of its rights and its orders for possession that have previously been obtained. I say that because this case does not turn upon which contract is first in time. There are well known authorities including Property & Bloodstock Limited v Emerton [1968] Ch.94, which say that when a mortgagee contracts to sell the mortgaged property the equity of redemption is suspended between the making of the contract and completion and is finally extinguished upon completion of that contract. That means section 12 applies. So that is the order. Get 1 point on adding a valid citation to this judgment. The defendant bought a house on mortgage with her husband. The judge adjourned the application to be relisted at the next available date after 20th July 2011.". It is not necessary I think to go to every difference and attempt to resolve it. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. 88. I assume any potential bidders are aware of the above information as they should be. 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. I do not accept that submission. That correspondence referred to the topic of potential funding for the intended purchase of the farm. MR JUSTICE MORGAN: You cannot fail to understand that. The Second Defendant is his wife, Mrs Karen Hunter. MR JUSTICE MORGAN: Do you want to have access to move them on a particular time? 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. The Court will simply not tolerate that conduct continuing. MR JUSTICE MORGAN: You are not being given the opportunity to move the cattle, as I understand it. Since the making of the order for possession a number of things have happened, not all of which I need recite. NatWest Group HR. 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. The auction contract identifies further terms which apply to this sale. It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. Having done that, Mr Hunter entered into two contracts of sale, one relating to a small area of land at Kirkdene for 7,500 and the other relating to the bulk of the land at a price of 922,500. 82. I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). That was made on 23rd February 2011. MR HUNTER: Sir, I'll be taking legal advice, sir. MR JUSTICE MORGAN: Right. Law 512, The case of National Westminster Bank plc v Lucas and others Re Estate of Jimmy Savile (deceased) ([2014] EWHC 653 (Ch)) involved a dispute between the Executors and the Trustees of the charitable Will Trust. That statement fits very badly with the correspondence on 14th July 2011. 69. 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. 73. 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. 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. MR JUSTICE MORGAN: He is a member of the public and the public has the right. It was acquired by the Royal Bank of Scotland in 2000. 91. 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. 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. Hunter v Canary Wharf; Hussey v Palmer; Hydeshire Ltd's Application, Re; Hypo-Mortgage Services v Robinson (I) IAM Group plc v Chowdrey; . Players. 36. The trust fund was then worth about andpound;50,000. Included for group value. 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 resulting figure was 930,000. Is that clear? This offer is open for acceptance until 4.30 p.m. 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. MISS WINDSOR: [inaudible] the first sentence application for permission to appeal----. 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. The lot would obviously need to be withdrawn from the auction now if this offer is acceptable to you. 46. (NWBD) Add to my list. Mr Hunter, I am asked to make an order in detailed terms. Dressed stone, slate roof. What has happened, certainly so far as the bank's submission goes, is that Mr Hunter, acting through the agency of Receivers, has contracted to sell the property. 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. There is one other matter relating to the contract to which I ought to refer. It is also relevant to refer to a limited company which is called K Hunter and Sons Limited. 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. 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. 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. 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. 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. 85. 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. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. You will just have to be patient a little longer. 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. 40. Mr Hunter was represented by counsel; Mrs Hunter was not represented by a legal representative. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. What do you say I should do? The future of this land has had to be addressed. The Court of Appeal was in no doubt that in a case where everyone agreed the property should be sold that it was not appropriate to use the jurisdiction of section 91(2) to override the mortgagee's exercise of its power of sale. Sorry, I don't understand what you're asking for. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. 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. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. Bays 2, 3 and 4. are set within octagonal colonnettes surmounted by lantern domed finials, A hearing took place on 13th July 2011 at Aylesbury County Court to require the cattle to be removed. Bank. * Enter a valid Journal (must 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 . 84. Shall we just work out the agenda? 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." SE 1422 NE (east side) 6/14 No. This is also applied in National Westminster Bank v Hunter. 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. MR JUSTICE MORGAN: There is something before that, is there? I will refer to the contract in relation to the bulk of the land. Is there a system to do that, sir? Hunter Menton Senior VP, Sales, Corporate Business Unit at National Westminster Bank Hunter Menton is a Senior VP, Sales, Corporate Business Unit at National Westminster Bank based in London, Greater London. England and Wales. 15. Jurisdiction code: Breach of Contract, Disability Discrimination, Maternity and Pregnancy Rights, Sex Discrimination. 39. There have been further communications between Mr Hunter and the bank in the period from February 2011 to July 2011. He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. The agreed price is 1.505 million. 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. 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. 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. By Clause 5.1.4 in particular a Receiver appointed by the bank under the charge has the power to sell the charged property. NATIONAL WESTMINSTER BANK PLC. Then there is the question of funding. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. I remain open to further negotiations. There are other provisions which may perhaps be useful in connection with a proposed sale by a Receiver but it is not necessary to refer to them in this judgment. They agreed, subject to a legal charge on . I have been shown a number of authorities on the operation of section 91(2). BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. On the other hand, he is in person. Jul 2021. They are in essentially the same terms, save that they relate to different parcels of land. MISS WINDSOR: No, because the consequence of that is [inaudible]. I will start the comparison by looking at the position of K Hunter and Sons Limited. Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. The bank brought possession proceedings against Mr and Mrs Hunter. 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. 3. Walking down Lord Street and turning onto Church Street in Fleetwood is the wonderful National Westminster Bank Building. 70. That is generally regarded as the appropriate action of a bank or a Receiver who has a duty to take steps to obtain a proper price for the security. 16. Further, under section 12(1)(a) Mr Hunter is already in breach of an obligation to take delivery of the cattle. 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. MR JUSTICE MORGAN: Which bit of it do you want to appeal? 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. 33. 3. 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. The last statement in the letter from UK Farm Finance Limited was, I repeat, that funds were available for draw down as at 14th July 2011. 41. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. 90. 61. 1. The wife got the family home as a life interest and a tax free annuity. The contract was to be completed six months from the date of the contract. MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. I will consider the effect of these contracts without regard to the impact of section 91(2) and the I will consider the possible impact of the statutory provision. 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. Is it said to be wrong in law or is it said to be unfair or is it said to be wrong in fact? If there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. [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. 68. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). For all those reasons I reach the conclusion that this application under section 91(2) must be dismissed. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). today. MR JUSTICE MORGAN: Right. 50. 87. This case. 53. MR JUSTICE MORGAN: There is a Court of Appeal. The letter is in these terms: "Further to our telephone conversation with your solicitor, we write in confirmation that prior to the auction relating to the properties at Manor Farm on 14th July 2011 we had made a formal offer of finance to you to enable you to purchase Manor Farm, comprising the three residential units and the farm land, for a purchase price of 1,550,000. England and Wales. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. IBAN Mandatory Although, IBAN can be used for domestic payments in the UK, currently, it is not mandatory. Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . MR JUSTICE MORGAN: Just looking at your penal notice it will say paragraph 2 or 3. 14. 78. 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. . If you are to get any modification of these orders you will have to in your own interests act extremely quickly. Mr Hunter told me that the amount of money to be borrowed from UK Farm Finance Limited was not less than 1.55 million. 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. 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. FREDERICK INGLIS WATT, director, 4 Sep 2000 - 31 Jan 2006. Clause 8 of the contract is headed "Matters affecting the property". Mr Hunter, of course, will not be released from his covenant to pay the remainder of the debt. 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. I am not going to start going into a point of that kind at this stage when you have not mentioned it before. Mr Hunter has put before me a written argument prepared for him by solicitors whom he has consulted which puts forward the rival point of view. 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. 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. That company was acquired off-the-shelf in around February 2007. FREDERICK ANDERSON GOODWIN, director, 6 Mar 2000 - 21 Nov 2008. 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. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. National Wesminster Bank PLC. 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. Download Citation | Nestl v National Westminster Bank Plc [1993] 1 WLR 1260, Court of Appeal | Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. Clause 3 of the charge is headed "Restrictions on charging, leasing, disposing and parting with possession". MR JUSTICE MORGAN: I am not here to answer questions. The plaintiff sought summary judgment. You have done this with full knowledge that I am still in possession of Manor Farm, Pitchcott. Published 2 March 2022 Explore the topic. 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. 30. That is in accordance with the normal position in charges of this kind. The sale memorandum states that the deposit was paid, though the evidence is that it was paid the next day, 15th July 2011. We would also like to set optional cookies to improve our site and bring you more . At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. Read the full decision in Mrs L . Miss Windsor, is there a point about public footpaths that needs to be considered? 330. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. 4. It is pursuant to an application notice of 21st October 2011. 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 MISS WINDSOR: This is the first I have heard of it. 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. In the suit brought by the beneficiaries it was held by the chancery division that once the trust account was opened, the . 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. MR JUSTICE MORGAN: Right. GRAHAM STAPLES, secretary, 10 May 1994 - 1 May 1994. 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. 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 . We pride ourselves on our independence, and our human touch. History [ edit] In 1970, the club was formed as a result of the merger between National Provincial Bank and Westminster Bank to form NatWest. 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.