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. 45. The auction contract identifies further terms which apply to this sale. ]: 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.) 0.00%. I need to deal with those matters, albeit briefly. GRAHAM STAPLES, secretary, 10 May 1994 - 1 May 1994. 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. 6 bay facade. 330. 25% off till end of Feb! 73. v. Arthur Young McClelland Moores & Co. (Practice Note) . The sale memorandum records that the seller is Mr Hunter acting by his Receivers. Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. 4. 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. Ordinarily the time limit for lodging appellant's notice is 21 days. The husband asked the claimant bank to refinance the loan. 17. MR JUSTICE MORGAN: But you are in very considerable need of capable legal advice not later than tomorrow morning I would suggest to get on with this. Ch., Walton J. In the event that the property remains unsold following this afternoon's auction I would invite you to write to me again tomorrow clearly stating the quantum of the part payment you would intend making now together with proof of funding from your new lender. 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 . 72. 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 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. 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 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. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! He referred to alternatives that might instead have been pursued. 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. 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. MR JUSTICE MORGAN: Right. Click here to remove this judgment from your profile. 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. 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. Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) 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. 61. That's correct? 24. 44. If the matter had come before the Court before the auction sale, in theory at any rate, the Court could consider an application to restrain the Receivers from selling the land. GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. 82. MISS WINDSOR: No, because the consequence of that is [inaudible]. Joe Bumpus. IBAN Mandatory Although, IBAN can be used for domestic payments in the UK, currently, it is not mandatory. 86. 13. 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 statement fits very badly with the correspondence on 14th July 2011. MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? 41. 5. 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. Further, under section 12(1)(a) Mr Hunter is already in breach of an obligation to take delivery of the cattle. 69. In that sense it was to be a 100 per cent mortgage. The funds were available for draw down as at 14th July 2011.". 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. The powers of the Receiver are spelt out in Clause 5 of the charge. 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. Since the making of the order for possession a number of things have happened, not all of which I need recite. Published 2 March 2022 Explore the topic. They agreed, subject to a legal charge on . For all those reasons I reach the conclusion that this application under section 91(2) must be dismissed. I appreciate your difficulty that you are in person, you have to get legal advice. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. Contains public sector information licensed under the Open Government Licence v3.0. 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. 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." Shall we just work out the agenda? 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. Mr Hunter has himself prepared a chronology which he has placed before me. 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. We would also like to set optional cookies to improve our site and bring you more . That means section 12 applies. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). Our 67,404 banking and credit card complaints stem from our 26 million accounts. 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. 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. At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. 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. 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. 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 trust fund was then worth about andpound;50,000. Should they be successful in Court, which is likely to take six months or more, their tenancies on Manor Farm, Pitchcott will inevitably devalue the properties by up to 50 per cent. 62. 83. 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. 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. I will take legal advice on it, sir. Whether that deposit was paid or not paid is not in the event material. Delayed London Stock Exchange - 11:35:00 2023-02-27 am EST. MISS WINDSOR appeared on behalf of the CLAIMANT. 11.3, in the event that the contract is terminated pursuant to extra special condition 11.2, then the deposit will be returned to the buyer.". 6. 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. NWB Group Annual Results 2021 4 Financial review continued Summary consolidated income statement for the year ended 31 December 2021 Year ended Retail Private Commercial Central items 31 December Banking Banking & other 2021 2020 Variance m m % Net interest income 3,541 461 2,171 (171) 6,002 5,810 192 3 Non-interest income 345 263 1,040 1,619 3,267 3,145 122 4 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. Coordinates Latitude: 53.4064 / 5324'23"N Longitude: -2.9913 / 259'28"W OS Eastings: 334197 OS Northings: 390410 OS Grid: SJ341904 Mapcode National: GBR 72N.YW Mapcode Global: WH877.0MVY Plus Code: 9C5VC245+HF Entry Name: National Westminster Bank Listing Date: 28 June 1952 Grade: II* Source: Historic England Source ID: 1205939 Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . That of course does not take from him his equity of redemption. Mr Taylor's company has acquired contractual rights. 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. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. You are not to go there, you are not to interfere. 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. 13. This involves a comparison of what the Receivers achieved by auctioning the property and the alternative of negotiating and perhaps concluding a contract with Mr Hunter or K Hunter and Sons Limited. 68. 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. National Westminster Bank plc - Branch Network. The Court of Appeal decision in National Westminster Bank Plc. 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. 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. today. 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. 66. 48. 93. Right, any other point on the draft order? 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. MR JUSTICE MORGAN: All right. Citations: [1985] 2 WLR 588; [1985] AC 686. Rights have been acquired by Mr Taylor's company, Mr Taylo's compoany is on the face of it entitled to pursue those rights. MR HUNTER: The section 91 and the second application, sir. Listing NGR: SE2637427830 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. By Clause 4.3 the bank is given the power to appoint a Receiver. ", 26. Miss Windsor, is there a point about public footpaths that needs to be considered? There is a second application before the Court----. MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. It may be that the auction contract was an involuntary contract on his part. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. 52. He was ordered by the Aylesbury County Court to remove the cattle by a date in the past. 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. I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). MR JUSTICE MORGAN: Well, I am giving you an opportunity, which you do not have to take, of raising any point of detail on the drafting of the order. 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. Those are the principal matters of fact which are material to the application to which I next refer. Please log in or sign up for a free trial to access this feature. 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. It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. 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 . National Westminster Bank. But the land has been sold by contract to Mr Taylor's company. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. So that is the order. That company was acquired off-the-shelf in around February 2007. 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. If I made an order in Mr Hunter's favour under section 91(2) whereby Mr Hunter sold the land to K Hunter and Sons Limited I would place Mr Hunter in breach of contract in favour of Mr Taylor's company. 57. 12. MR HUNTER: One strikes the mind, sir. This time the contracts provide for the property to be sold for 1.55 million, but the debt secured by the charge over the properties is again, roughly speaking, 2.5 million to 3 million. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. 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 ( a) the names and addresses of the members; ( b) the date on which each person was registered as a member; and. MR JUSTICE MORGAN: The second application is brought by the bank. Then there is the question of funding. Southwark Crown Court. 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 NATIONAL WESTMINSTER BANK PLC NWBD Company page - Search stock, chart, recent trades, company information, trading information, company news, fundamentals. MR JUSTICE MORGAN: And they will take effect whether you issue an appellant's notice or do not issue an appellant's notice. By Clause 5.1.4 in particular a Receiver appointed by the bank under the charge has the power to sell the charged property. 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. The judge adjourned the application to be relisted at the next available date after 20th July 2011.". 67. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. 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. 60. 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. Bank. I am also asked to make orders providing for service in connection with possible committal applications. The future of this land has had to be addressed. Jul 2021. 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. Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. National Westminster Bank Plc - Ventures. 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. 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. That is what he has to do to get the appeal up and running, is it? 79. 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. It is also relevant to refer to a limited company which is called K Hunter and Sons Limited. The bic codes below belong to NATIONAL WESTMINSTER BANK PLC bank and/or any of its branches across all countries and cities in the world. I note that in earlier correspondence you stated quite categorically that you were unable to raise more than 1.31 million 'now'. 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. 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. FREDERICK INGLIS WATT, director, 4 Sep 2000 - 31 Jan 2006. 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 . He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. 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. My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. I am not going to start going into a point of that kind at this stage when you have not mentioned it before. 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. It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. It would necessarily follow that if that order were to be made that Mr Hunter would be able to make title free from the charge to K Hunter and Sons Limited, so the intervention of the Court would free Mr Hunter from the legal difficulty he is otherwise under. There is an effective contract by Mr Hunter to sell to Mr Taylor's company. In National Bank of Greece, Lord Hailsham applied a multi-factorial test in determining source of interest. BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. 51. The resulting figure was 930,000. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. 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. Lekan Akanni. The bank brought possession proceedings against Mr and Mrs Hunter. For my part I do not see any reason why I should stop you attaching a penal notice, even if I had power to do so, as to which I am far from clear. 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.
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