By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! 73. 8. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. ", 25. 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. floating charge. Interact directly with CaseMine users looking for advocates in your area of specialization. MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. 66. Accordingly, the question of selling the land has been one of the matters at the front of anyone's consideration. National Westminster Bank plc - Branch Network. 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. We pride ourselves on our independence, and our human touch. 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. FREDERICK ANDERSON GOODWIN, director, 6 Mar 2000 - 21 Nov 2008. National Westminster Bank v Daniel: CA 1993 - swarb.co.uk National Westminster Bank v Daniel: CA 1993 The defence contained two contradictory grounds, and the defendant's evidence again contradicted the defences. In that case both the mortgagor and the mortgagee wished to see the property sold. That correspondence referred to the topic of potential funding for the intended purchase of the farm. I assume any potential bidders are aware of the above information as they should be. 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 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. That certainly means that Mr Hunter is not able to convey title to the charged property to a third party. 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. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. 53. 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. National Westminster Bank PLC. This case. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. 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. 75. 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. Just before we deal with that, I am asked to order costs against you in relation to both applications. 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. MR JUSTICE MORGAN: Right. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. 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. 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. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. 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. 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. 71. I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. Ch., Walton J. MR HUNTER: I think both, sir. I remain open to further negotiations. 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. 91. Mr Hunter replied by an e-mail received at 14.07 on that day. MR JUSTICE MORGAN: I am not sure, what have I precisely said about that? In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. 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. The auction contract identifies further terms which apply to this sale. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. Those are the principal matters of fact which are material to the application to which I next refer. 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. 65. The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. 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. Get 1 point on adding a valid citation to this judgment. IBAN Mandatory Although, IBAN can be used for domestic payments in the UK, currently, it is not mandatory. Bank. The court set down the principles to be applied in abuse of process cases, where a . 20. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. 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. 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. 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. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. If it sued Mr Hunter for specific performance of that contract it would prima facie be entitled to it certainly so long as Mr Hunter remains the owner of the land. I do not know if I have power to stop you attaching a penal notice, but whether I am right or wrong about that, this is an order the Court makes, it is a mandatory order, which is slightly different from a negative order, but penal notices can attach to a mandatory order. Bays 2, 3 and 4. are set within octagonal colonnettes surmounted by lantern domed finials, Published 2 March 2022 Explore the topic. 10. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. Adam Billey. 2 - 0 Beckenham FC. Because, of course, first of all the application would be considered on paper and then Mr Hunter would have a possible right to renew his application orally. That was made on 23rd February 2011. In case of any confusion, feel free to reach out to us.Leave your message here. 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. Bank) G. V. II. 40. MR HUNTER: So what are you asking for? MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. Completion will take place following confirmation from the seller that the cattle have been removed. 68. GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. The contracts appear to be in essentially the same terms apart from the identity of the land and the price. The beneficiaries named were the widow, children and remoter issue of the settlor. The seller there is again Mr Hunter. Our 67,404 banking and credit card complaints stem from our 26 million accounts. What Mr Hunter has not confronted in his application, nor indeed in the course of his submissions to me, is what the effect of that would be in relation to the contract which he has made with Mr Taylor's company. MR JUSTICE MORGAN: Yes. It is not said that any evidence as to the availability of funding beyond what was stated in the letters was provided to the bank before or on 14th July 2011. 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. 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. I am not going to start going into a point of that kind at this stage when you have not mentioned it before. 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. It provided for payment of a deposit of 1. I have been shown a number of authorities on the operation of section 91(2). Making that contract, as I say, does not take from him his equity of redemption. There is an effective contract by Mr Hunter to sell to Mr Taylor's company. 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. 64. P Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. 3. 56. In June 2018, judgment was handed down dismissing Mr Broomhead (the "Claimant" )'s claim against National Westminster Bank plc (the "First Defendant") and The Royal Bank of Scotland plc (the "Second Defendant") concerning the Claimant's business banking relationship with the First Defendant. You are also aware that there is waste contaminated by asbestos that has to be removed by 2nd August 2011, which is a condition set by the enforcement notice served by Aylesbury Vale District Council. FCA-v-Natwest-Sentencing-remarks-131221.pdf 405.95 kb. Using IBAN since United Kingdom has officially introduced the IBAN system in April 2001. The contract provides for title to pass to the purchaser pursuant to a Land Registry transfer form, in form TR2, which is to be executed by National Westminster Bank Plc as transferor pursuant to the legal charges. It is not said that those sums were available to K Hunter and Sons Limited, I was told K Hunter and Sons Limited had no assets apart possibly from the benefit of the contract to which I have referred. BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. National Westminster Bank. Hunter v Canary Wharf; Hussey v Palmer; Hydeshire Ltd's Application, Re; Hypo-Mortgage Services v Robinson (I) IAM Group plc v Chowdrey; . National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Practical Law Case Page D-000-1223 (Approx. 74. In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. We use necessary cookies to make our site work. Plainly, the bank's primary concern was to realise the value of its security so as to reduce the indebtedness owed to it. Mr Hunter has one point in his favour in this comparison, he says that the price to be paid by K Hunter and Sons Limited is 1.55 million. 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. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. That would have left a balance of 2.5 million, which I am told in the course of argument has risen further by reason of fees and charges being added to the principal debt. 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 . MISS WINDSOR: [inaudible] the first sentence application for permission to appeal----. MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. [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 . Lekan Akanni. 24. 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.". Now, outside court if you and the Receivers can come to a practical solution of the kind Miss Windsor has referred to nothing in the order stops that because the Receivers can give you permission to go there for a limited purpose, nothing in the order stops that. National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; 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. 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. You are asking him to deliver up the passports etcetera by 4 p.m. tomorrow. 51. It may be that by reason of what is happening on the land, completion with Mr Taylor's company will not be in five days' time, it may be it will happen in late December or January, but that has come about not because Mr Taylor's company has required that and has only been prepared to bargain on that basis, but because Mr Hunter -- in breach I have to say of an order of the Court -- has manoeuvred himself to produce that adverse consequence. (NWBD) Add to my list. What do you say I should do? In particular, part of Kirkdene has been sold. 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. 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. 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. MR HUNTER: The section 91 and the second application, sir. 76. Sentencing Remarks of Mrs Justice Cockerill. 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. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. 1 - 3 National Westminster Bank. It is possible this bank is of similar date and by the same architect. 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. National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. 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. MISS WINDSOR: This is the first I have heard of it. Taxpayer stake in Natwest reduced again as government sells shares. contains alphabet). Courts, sentencing and tribunals; 10 (National Westminster. The Court cannot undo that contract. If you are to get any modification of these orders you will have to in your own interests act extremely quickly. Sat 11 Feb 23. 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. Paragraphs 4 and 5 they are to sell the stock. This case concerns agricultural land and buildings at Manor Farm, Pitchcott, Aylesbury and at Kirkdene, Pitchcott, Aylesbury. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. V - V National Westminster Bank Void 2STH 18/04/20 14:00: Economicals III V - V Fulham Compton Old Boys II Void . 14. 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 67. MR JUSTICE MORGAN: You are not being given the opportunity to move the cattle, as I understand it. National Westminster Bank Plc - Ventures. Is that a point to ask? 83. 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. 36. MR JUSTICE MORGAN: If there is a public footpath and if you come to court asking for this to be varied then that is entirely something you can do and the Court will react to it when it has the evidence on which to act. The wife got the family home as a life interest and a tax free annuity. 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. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. 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." 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. 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. 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.". If I'm going to be banned from my property how do I move the cattle? Mr Hunter told me that the amount of money to be borrowed from UK Farm Finance Limited was not less than 1.55 million. 47. NATIONAL WESTMINSTER BANK PLC. Currently, both domestic bank account numbers and IBAN are in circulation. 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. I will refer to the contract in relation to the bulk of the land. 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. 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." I say that because this case does not turn upon which contract is first in time. 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 John Trenberth v. National Westminster Bank [1979, Eng. MR HUNTER: Yeah, I'd like to appeal it, please, sir. Thereafter she was absolutely entitled to the . Enhance your digital presence and reach by creating a Casemine profile. I don't know, sir, but you tell me. 59. 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. Sat 18 Feb 23. 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. Perhaps more relevantly, there was no evidence to support the suggested funding made available in the course of 14th July 2011 even though the bank asked for such evidence in express terms. [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. SE 1422 NE (east side) 6/14 No. 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. Well, I will deal with that in a moment. National Westminster Bank Plc v Hunter Law of Property Act 1925, s.91(2) - Mortgagor having continued interest in right of redemption - Conflicting contracts for sale - Whether mortgagee acted correctly in proceeding to sale by action - Applicability of remedy where sale contracted - Torts (Interference with Goods) Act 1977, s.13 - Order for sale of cattle In H2 2021, complaints made to the Bank were down ~22% compared to H1 2021. You will also now be aware of the two papers served at Aylesbury County Court on Monday, 11th July 2011 by Mr Oldham and Mr Malt, who intend to establish their proprietal rights over Manor Farm, Pitchcott. MR JUSTICE MORGAN: I think in the circumstances I am minded to say the letter should be returned to you signed by 4 p.m. tomorrow. 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. GRAHAM STAPLES, secretary, 10 May 1994 - 1 May 1994. 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. 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. New Wave Capital Ltd. Newable Business Finance Ltd. Newable Limited. ", 26. The purchase price under the auction contract was 1,505,000. 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. Ctrl + Alt + T to open/close . Morgan J [2011] EWHC 3170 (Ch) Bailii Law of Property Act 1925 91 England and Wales Updated: 28 June 2021; Ref: scu.449869 For every 1,000 home finance loans that we had outstanding, we received five complaints. Not only do we facilitate the sharing of data but we also utilise our investigative . 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 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 Taylor's company has acquired contractual rights. 88. That refers to a contract. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. MISS WINDSOR: The relevant provisions are CPR 52.4, page 1541 of the White Book. 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.
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