Mr Hunter had no proposals of a positive or constructive kind to put forward. 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. 41. I assume any potential bidders are aware of the above information as they should be. I say that because this case does not turn upon which contract is first in time. 57. Shall we just work out the agenda? 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. We would also like to set optional cookies to improve our site and bring you more . That's correct? The battle was between which of the two of them should have conduct of the sale. A debenture which provided that a charge over book debts was a specific (i.e. MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. Regina (Financial Conduct Authority) -v-. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. MR JUSTICE MORGAN: The second application is brought by the bank. In that sense it was to be a 100 per cent mortgage. 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. V - V National Westminster Bank Void 2STH 18/04/20 14:00: Economicals III V - V Fulham Compton Old Boys II Void . 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. National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; Ordinarily the time limit for lodging appellant's notice is 21 days. 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.". 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. 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. 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. 34. National Westminster Home Loans Ltd. Nationwide Building Society. 1 - 3 National Westminster Bank. You have had months, you have had chances, you have behaved the way the evidence shows. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. MR JUSTICE MORGAN: You cannot fail to understand that. 89. By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. MR JUSTICE MORGAN: And even if I do not give you permission to go to them you are free to go to them and tell them all about it and they will do what is appropriate. 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. MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. MR JUSTICE MORGAN: I thought we had got into 2011, but tell me the rule again, 52.4? ", 25. 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 It is in your interests to get to the Court of Appeal. No such deposit was on offer from K Hunter and Sons Limited. Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. 47. 15. Law 512, If you want to have some sort of suspension or stay you will have to go to the Court of Appeal at an oral hearing probably and ask for them to be modified. On that date at around 12.18 pm, Mr Hunter sent an e-mail to the bank. 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. I am not satisfied of either of those. 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. They are in essentially the same terms, save that they relate to different parcels of land. True it is that Mr Hunter owns the cattle, the bank does not own the cattle and does not have a security interest in the cattle. If I'm going to be banned from my property how do I move the cattle? GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. Contains public sector information licensed under the Open Government Licence v3.0. 55. 31. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. 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. Under the auction contract the full balance of the purchase price is payable on completion. Ch., Walton J. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. So I do not think there is any inconsistency in the order. What do you say I should do? P Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. 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. 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 Court cannot undo that contract. ]: 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.) There is an effective contract by Mr Hunter to sell to Mr Taylor's company. The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. 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. In that case both the mortgagor and the mortgagee wished to see the property sold. 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. We pride ourselves on our independence, and our human touch. However, the comparison ceases to be favourable to Mr Hunter from that point. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. 22. But if you cannot come to terms then you will be irrelevant and all these things will be done no matter what you think. The Court of Appeal decision in National Westminster Bank Plc. 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. 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. Paragraphs 4 and 5 they are to sell the stock. Nor can I change the position in Mr Hunter's favour by granting some relief by way of injunction or otherwise against the Receivers. The agreed price is 1.505 million. [1991] 2 AC 93, [1991] 3 All ER 41, [1991] 2 WLR 1177. Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . MR HUNTER: The section 91 and the second application, sir. You are asking him to deliver up the passports etcetera by 4 p.m. tomorrow. 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. 66. 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. MR JUSTICE MORGAN: Just looking at your penal notice it will say paragraph 2 or 3. The Claimant claimed damages . The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). ", 28. 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. 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. 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 Taylor's company has acquired contractual rights. Interact directly with CaseMine users looking for advocates in your area of specialization. Adam Billey. 63. In National Bank of Greece, Lord Hailsham applied a multi-factorial test in determining source of interest. National Westminster Bank, byname NatWest, former British bank holding company with branches and subbranches in the United Kingdom and operations across the world. By Clause 4.3 the bank is given the power to appoint a Receiver. ", 27. Walking down Lord Street and turning onto Church Street in Fleetwood is the wonderful National Westminster Bank Building. Mr Hunter replied by an e-mail received at 14.07 on that day. He is not in practical terms able to redeem the charges so he is not able to convey free from the charges. In these circumstances, if it is a relevant question to ask whether the Receivers did the right thing when they took the property to auction and sold it at auction, as compared with cancelling the auction and continuing to talk to Mr Hunter, my conclusion is that they plainly and unarguably took the better course. 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. 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. 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. That refers to a contract. The wife got the family home as a life interest and a tax free annuity. Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. 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. 6. 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. 17. Nestle v. National Westminster Bank plc ; Soud : Odvolac soud : Rozhodnuto : 6. kvtna 1992 : Citace [1992] EWCA Civ 12 , [1993] 1 WLR 1260 Historie ppadu ; Pedchoz akce [2000] WTLR 795; Independent, 4. ervence 1988, (1996) 10 (1) Trust law International 113, 115 There is no application before me today for any relief in relation to what happened in relation to Kirkdene and it is not necessary for me to go into that matter any further or say anything about it. This works out as three complaints per 1,000 relevant accounts. 8. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. 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. They are in force. 19. London Stock Exchange uses cookies to improve its website. (2) There shall be entered in the register. I shall be asking the Court to make a direction under CPR 52.4 to be the period be seven days in this case. 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. 10 (National Westminster. 2. We have discussed paragraph 3. It was acquired by the Royal Bank of Scotland in 2000. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. MISS WINDSOR: This is the first I have heard of it. MR JUSTICE MORGAN: Some of these orders are going to take effect immediately, some are going to take effect tomorrow. MR JUSTICE MORGAN: He is a member of the public and the public has the right. 87. MR JUSTICE MORGAN: And they will take effect whether you issue an appellant's notice or do not issue an appellant's notice. Shares were issued on the sending of the allotment letter, not when the shares came to be registered in the company's books. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. 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." 21. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. The future of this land has had to be addressed. John Trenberth v. National Westminster Bank [1979, Eng. What matters more are the events of the 14th July of this year. I am also asked to make orders providing for service in connection with possible committal applications. 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. GBX. It is pursuant to an application notice of 21st October 2011. 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. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 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. Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? The last outstanding life interest under the trust was that of her father John, who died in 1986. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. 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. 0.00%. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). There is no application before the Court today to have the appointment set aside or to have the Receivers removed. Right, any other point on the draft order? Just before we deal with that, I am asked to order costs against you in relation to both applications. MR JUSTICE MORGAN: I think the position is this, that the bank and the Receivers, for reasons that appear to be good ones, have given up on you, Mr Hunter. The Receivers have actually got the maps, sir. MR JUSTICE MORGAN: I am making an order that you do not go on that land. [4] 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. Do you want to say anything about the points of details save for the general points? [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. change. National Westminster Bank. 91. 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. MR HUNTER: Sir, I'll be taking legal advice, sir. 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. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. GRAHAM STAPLES, secretary, 10 May 1994 - 1 May 1994. Citations: [1985] 2 WLR 588; [1985] AC 686. 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. Abuse of Process and Re-litigation. 11. 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 . Under section 12(3) it is open to the bank to serve a particular notice which if it is not complied with will entitle them to sell the goods, namely the cattle. That is in place of 3(ii), is it? The case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. - but doesn't want them to do that. First of all, under the auction contract the Receivers were entitled to receive and have received a 10 per cent deposit. Those proceedings were heard in the County Court on 10th August 2010. For every 1,000 home finance loans that we had outstanding, we received five complaints. Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) 51. 4. That statement fits very badly with the correspondence on 14th July 2011. 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. 14. 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. Listing NGR: SE2637427830 84. That company was acquired off-the-shelf in around February 2007. "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. In that wa, Mr Hunter decided in February 2011 that he would sell the land which remained subject to the charges to the company K Hunter and Sons Limited to which I have referred. I remain open to further negotiations. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. 70. 3. They're there, they're on the map, sir. 45. Ctrl + Alt + T to open/close . New Wave Capital Ltd. Newable Business Finance Ltd. Newable Limited. 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. 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. Mr Hunter has himself prepared a chronology which he has placed before me. I can now pick up the chronology again by referring to what happened at that auction. Thereafter she was absolutely entitled to the . At the date of the order for possession in August 2010 the debt was approaching 3.5 million. Mr Hunter's second point is that section 12 of the 1977 Act in terms applies to goods "in the possession or under the control of a bailee". 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.
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