national westminster bank v hunter

MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. 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 69. They're there, they're on the map, sir. Before confirming, please ensure that you have thoroughly read and verified the judgment. I remain open to further negotiations. I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). That was made on 23rd February 2011. 10. By Clause 5.1.4 in particular a Receiver appointed by the bank under the charge has the power to sell the charged property. 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. 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. The Court of Appeal decision in National Westminster Bank Plc. You are able to go to a Lord Justice and say to the Lord Justice what you want to say, but I do not give you permission to appeal. 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 MR HUNTER: One strikes the mind, sir. 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. 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. 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. It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. MR JUSTICE MORGAN: I am not sure, what have I precisely said about that? Bank) G. V. II. MISS WINDSOR: [inaudible] the first sentence application for permission to appeal----. 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. 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. 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. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. MR HUNTER: Yeah, I'd like to appeal it, please, sir. 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. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! 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. 2 storeys and attic. 13. 2. Confirmation statement filters Accounts Capital Charges Confirmation statements . MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. 30. 56. 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. MR JUSTICE MORGAN: There is something before that, is there? 32. I do not accept that submission. Is that clear? At this hearing that is the only document before the Court which gives any information about the possibility of funding to K Hunter and Sons Limited in relation to a possible purchase of the land for 1.55 million. That company was acquired off-the-shelf in around February 2007. 12. 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. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 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. 82. "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. Then there is the question of funding. I don't know if you do, but I'm just asking that question, sir. I have used the phrase not less than because Mr Hunter did not seem to quarrel with the suggestion I put to him that UK Farm Finance Limited would make various charges for fees and other matters in connection with the provision of finance. That certainly means that Mr Hunter is not able to convey title to the charged property to a third party. That statement fits very badly with the correspondence on 14th July 2011. Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. 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. 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. England and Wales. Law 512, FREDERICK INGLIS WATT, director, 4 Sep 2000 - 31 Jan 2006. Please log in or sign up for a free trial to access this feature. 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 The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. I can only give permission if I am satisfied that you have a real prospect of success in the Court of Appeal or there is some other reason why this case should be considered by the Court of Appeal. GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. As I have indicated the contracts of February 2011 were not completed. My submission would be that even if there is there is no reason why the Court should not injunct the First Defendant from using it. Those are the principal matters of fact which are material to the application to which I next refer. 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. (2) There shall be entered in the register. Our 67,404 banking and credit card complaints stem from our 26 million accounts. If there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. 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. 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. Found National Westminster Bank Plc v Hunter & Anor useful? What strikes one from reading section 91(2) of the Law of Property Act 1925 is that it gives the Court in appropriate circumstances a power to order the sale of property. John Trenberth v. National Westminster Bank [1979, Eng. The Claimant claimed damages . 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. 85. 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. I have referred to the land which is the subject matter of the charge. 80. The contracts provided for the buyer to take the land free from the bank's charge. 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. 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. 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. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. 13 December 2021. Mr Hunter replied by an e-mail received at 14.07 on that day. 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. 78. On the other hand, Mr Hunter, who is a stock farmer, has left upon the land a number of cattle, I think some 90 or so, although as a result of recent developments the number of cattle on the land today I understand is 3 cows. Let me invite Mr Hunter to deal with that. 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. We need to discuss the detail of the Court order, we need to discuss costs and we need to discuss Mr Hunter's application, which I apprehend he may wish to make, to have permission to appeal. 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. 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. 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. Until the Court of Appeal grapple with your case these orders will bind you. It was paid by cheque and the cheque has cleared. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. This is also applied in National Westminster Bank v Hunter. Making that contract, as I say, does not take from him his equity of redemption. 92. 41. 74. I will start the comparison by looking at the position of K Hunter and Sons Limited. 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. Ctrl + Alt + T to open/close . 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 PLC. 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. 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. The bank has prepared a draft order which has been considered in the course of submissions today. Get 1 point on adding a valid citation to this judgment. Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. 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. MR JUSTICE MORGAN: Do you want to have access to move them on a particular time? NatWest Group HR. MR JUSTICE MORGAN: So you want an order for today? 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. Court grants injunction, despite noting that was fairly unreasonable and . 86. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. Further, under section 12(1)(a) Mr Hunter is already in breach of an obligation to take delivery of the cattle. Not only do we facilitate the sharing of data but we also utilise our investigative . That's correct? 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. 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." 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. On the other hand, this matter has gone on for a considerable time and you have failed to comply with Court orders in the past. The Receivers have actually got the maps, sir. If you are to get any modification of these orders you will have to in your own interests act extremely quickly. 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. Is there a public footpath across the land? 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. With a mandatory order you have to put in a time and date, but I am going to do that. 89. 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. ", 27. 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. fixed) charge and required the company to pay the proceeds of the debts when received into the company's account with the bank and not otherwise to deal with the debts created a fixed charge over the book debts in accordance with the decision in Siebe . No, sir, I think the Court's been unfair and unjust, sir, and I think there are factual statements that I've made, sir, today that have been misinterpreted and also the second application is whether you've given the power to stop me seeing my cattle that the bank has no charge, I don't believe this Court has that power, sir. The final reason for abridging time is that you are bound by a contract to sell Mr Taylor's company and I do not think it is appropriate to place the bank and the Receivers under time pressure where they might end up having difficulty in meeting time limits under the contract. MR JUSTICE MORGAN: Right. In other words, you have to do this very rapidly indeed if you are to do anything at all. 43. Venue: HALL PLACE #4. MR JUSTICE MORGAN: Which bit of it do you want to appeal? . The contracts of 23rd February 2011 have not been completed. 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. Facts. 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. Walking down Lord Street and turning onto Church Street in Fleetwood is the wonderful National Westminster Bank Building. He also ordered the First Defendant, Mr Hunter, to pay to the bank a sum of money which was a little under 3.5 million. MR JUSTICE MORGAN: Do you have it in a form that he could sign straight away? There have been further communications between Mr Hunter and the bank in the period from February 2011 to July 2011. 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. Sat 11 Feb 23. By Clause 4.3 the bank is given the power to appoint a Receiver. Is there a system to do that, sir? You will just have to be patient a little longer. Contains public sector information licensed under the Open Government Licence v3.0. Raheem Bucknor. Lekan Akanni. NatWest Group - Mortgages. Decision date: 6 May 2021. The consequence of that will be that the only contract that Mr Hunter is able to perform is the one in favour of Mr Taylor's company. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. GRAHAM STAPLES, secretary, 10 May 1994 - 1 May 1994. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. MISS WINDSOR: No, because the consequence of that is [inaudible]. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. But possession and control do not turn upon ownership, one man can be the owner and another can be in possession and a third can have control. [4] The argument is not about what the Receivers can do today but is instead what they should have done prior to the holding of the auction on 14th July 2011. 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.

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