At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. National Westminster Bank F.C. - Wikipedia 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. 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 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. You are asking him to deliver up the passports etcetera by 4 p.m. tomorrow. 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. 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. 22. 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. 49. 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. 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. Lekan Akanni. National Westminster Bank Building - Tripadvisor FREDERICK ANDERSON GOODWIN, director, 6 Mar 2000 - 21 Nov 2008. The mortgagor put forward a number of reasons why the mortgagor should have conduct of the sale, one of those perceived benefits was that the mortgagor could remain in possession and resist an order for possession or the enforcement of an order for possession in favour of the mortgagee. What matters more are the events of the 14th July of this year. 1. 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. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. PPI complaints represent 59% of the . 85. I assume any potential bidders are aware of the above information as they should be. 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. Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. MR JUSTICE MORGAN: There is a Court of Appeal. I sincerely hope that Mr Hunter will see just how foolish he has been in the conduct on which he has embarked. ", 25. ", 28. 9. I remain open to further negotiations. SE 1422 NE (east side) 6/14 No. As I have indicated the contracts of February 2011 were not completed. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. National Westminster Bank. Do you want to say anything about the points of details save for the general points? If the buyer sought specific performance the buyer would be entitled to take title to the property, but because the property is charged with a debt of 2.5 million or more the buyer would not pay the purchase price to Mr Hunter but would instead have a substantial claim for damages in addition to the remedy of specific performance. MR JUSTICE MORGAN: My understanding is that you do not need permission from the Court to attach a penal notice, it is a matter for you. Royal Trust Bank v National Westminster Bank plc - Wikipedia Abuse of Process and Re-litigation. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. 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. 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. WIPO Domain Name Decision: D2002-0823 National Westminster Bank Plc v Spectrum Plus Ltd 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. National Westminster Bank v Somer [2002] QB 1286 5. MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. contains alphabet). National Westminster Bank Plc v Morgan [1985] AC 686 Undue influence; presumption; bank vs customer (327 words) Facts The defendants were a married couple who bought a house on mortgage. MR JUSTICE MORGAN: Right. We confirm that the funds would be available to you pursuant to the loan facility offered to have enabled you to complete an agreement for the purchase of the property upon completion of the necessary conveyancing formalities. The particulars of sale referred to the land. Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. 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. Main Road. Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. 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. 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. 93. They are currently members of the Amateur Football Combination . ( a) the names and addresses of the members; ( b) the date on which each person was registered as a member; and. This is also applied in National Westminster Bank v Hunter. MISS WINDSOR: No, because the consequence of that is [inaudible]. . There was some description of some matters in relation to the land which I have been shown as follows. It is agreed that all of the land with which this case is concerned is subject to one or other of those two charges. 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. 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. Secondly, I will order that by a very early point, which will be 4 p.m. on Thursday, 24th November 2011, that Mr Hunter deliver to the bank and/or the Receivers all existing cattle passports and all other relevant documentation spelt out in the draft order that relate to the cattle. There have been further communications between Mr Hunter and the bank in the period from February 2011 to July 2011. Orr. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. It was acquired by the Royal Bank of Scotland in 2000. Mrs L Jones v National Westminster Bank plc: 1305030/2020 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. 15. I say that because this case does not turn upon which contract is first in time. MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. England and Wales. Shares were issued on the sending of the allotment letter, not when the shares came to be registered in the company's books. 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 Thereafter she was absolutely entitled to the . 6 bay facade. 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. The Receivers have actually got the maps, sir. 13 December 2021. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. In that case both the mortgagor and the mortgagee wished to see the property sold. 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. There is one other matter relating to the contract to which I ought to refer. "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. (NWBD) Add to my list. 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. 20. We have discussed paragraph 3. That is in place of 3(ii), is it? 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. 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. MR JUSTICE MORGAN: I am making an order that you do not go on that land. In National Bank of Greece, Lord Hailsham applied a multi-factorial test in determining source of interest. Jurisdiction code: Breach of Contract, Disability Discrimination, Maternity and Pregnancy Rights, Sex Discrimination. At any rate, I proceed on that basis for today's purposes. 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. 33. 3. However, at the hearing Mr Hunter has referred to a subsequent letter dated 29th July 2011 from UK Farm Finance Limited to K Hunter and Sons Limited. 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. 55. Branches were almost immediately opened at Brighton, Canterbury, Croydon, Lewes, Maidstone, Sevenoaks, Tonbridge, Tunbridge Wells and Woolwich. 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. 36. National Wesminster Bank PLC. 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." National Westminster Bank Plc and Another v Inland Revenue 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. Bays 2, 3 and 4. are set within octagonal colonnettes surmounted by lantern domed finials, National Westminster Bank v Morgan [1985] AC 686: Exploitation Cases: Lloyds Bank v Bundy [1975] QB 326: Exploitation Cases: Portman Buliding Society v Dusangh [2000] 2 All ER (Comm) 221: Exploitation Cases: Boustany v Pigott [1995] 69 P & CR 298: Exploitation Cases: Hart v O'Connor [1985] AC 1000: Exploitation Cases: Alec Lobb (Garages) v . MR HUNTER: Yeah, I'd like to appeal it, please, sir. In other words, you have to do this very rapidly indeed if you are to do anything at all. I don't know if you do, but I'm just asking that question, sir. Confirmation statement filters Accounts Capital Charges Confirmation statements . Nestle v National Westminster Bank: ChD 1988 - swarb.co.uk 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. 8. Mr Hunter replied by an e-mail received at 14.07 on that day. 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. He has deliberately, in breach of Court orders, refused to do so to gain an advantage by his unlawful conduct. It seems to me to be an unnecessary step to require the bank to serve a notice on Mr Hunter requiring him to remove the cattle else they will be sold. He has, on the face of it -- although it is not for today for me to decide -- deliberately broken orders of the Court seeking to gain advantage by his breach. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Law 512, MR JUSTICE MORGAN: You do not want an order for costs? National Westminster v Morgan [1985] AC 686 - Case Summary 83. Is there a public footpath across the land? 72. MISS WINDSOR: This is the first I have heard of it. Privatbank 2. By section 352 of the Act of 1985: " (1) Every company shall keep a register of its members and enter in it the particulars required by this section. 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." 69. 48. 89. National Westminster Bank v Barclays Bank International Ltd 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. First of all, under the auction contract the Receivers were entitled to receive and have received a 10 per cent deposit. However, pursuant to the draft order which is before the Court I am invited to order and I will order a number of restrictions of Mr Hunter's future conduct. The bank brought possession proceedings against Mr and Mrs Hunter. MR JUSTICE MORGAN: Right. What do you say I should do? 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." v. Arthur Young McClelland Moores & Co. (Practice Note) . Included for group value. I will take legal advice on it, sir. 3. 31. 6. 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. Listing NGR: SE2637427830 I will refer to the contract in relation to the bulk of the land. [1991] 2 AC 93, [1991] 3 All ER 41, [1991] 2 WLR 1177. In that sense it was to be a 100 per cent mortgage. National Hunter The husband asked the claimant bank to refinance the loan. NATIONAL WESTMINSTER BANK PLC NWBD Company page - Search stock, chart, recent trades, company information, trading information, company news, fundamentals. It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. 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. 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. 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 . 71. The Second Defendant is his wife, Mrs Karen Hunter. 47. It is pursuant to an application notice of 21st October 2011. 16. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. 40. This is a very impressive building indeed, the facade is really eye catching as is the dome atop the building, its a great example of Victorian architecture at its best ,The National Westminster Bank Building is . 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. It seems to me self-evident that the way forward here is to allow the contract of sale which Mr Hunter has himself made through the agency of the Receivers to go forward to completion. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. NB v. London Borough of Haringey, [2011] EWHC 3544 (Fam); [2012] 2 FLR 125; [2012] Fam. On the other hand, he is in person. 92. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. 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. 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. Do you have anything to say about costs? National Westminster Bank v Morgan - 1985 - LawTeacher.net 91. I can see in detail what the parties said to each other because they said it in writing in documents sent by e-mail which have been produced in evidence. Using IBAN since United Kingdom has officially introduced the IBAN system in April 2001. Joe Bumpus. Dealing with the question of the Court's jurisdiction, Miss Windsor of counsel, who appears on behalf of the bank, initially took the point that the court did not have jurisdiction under this sub-section because by reason of the auction contract or by reason of that and other matters Mr Hunter could not satisfy the Court that he was a person interested in the right of redemption. Delayed London Stock Exchange - 11:35:00 2023-02-27 am EST. Bank) G. V. II. Clause 8 of the contract is headed "Matters affecting the property". Not only do we facilitate the sharing of data but we also utilise our investigative . Insofar as the bank seeks an order for sale under section 13 of the Torts (Interference of goods) Act 1977 the point made by Mr Hunter is first that the cattle which are on the land and which might, in breach of the Court orders, in the future be brought onto the land are not "goods" for the purpose of the 1977 Act. 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 Decision date: 6 May 2021. 2 storeys and attic. Nestl v National Westminster Bank Plc [1993] 1 WLR - ResearchGate 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. This offer is open for acceptance until 4.30 p.m. 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. 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 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. 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 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. The defendant bought a house on mortgage with her husband. Before confirming, please ensure that you have thoroughly read and verified the judgment. That means section 12 applies. Steiner v National Westminster Bank plc brings clarity to- Publications Walking down Lord Street and turning onto Church Street in Fleetwood is the wonderful National Westminster Bank Building. 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. Property Mortgage - structure (v) - Property law - Studocu The e-mail was in these terms: "Further to our recent correspondence, I am writing to you again to make an increased offer of 1.550 million to be paid in 12 months' time. 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. There is now insufficient time for the bank to be comfortable as to the terms of your proposals prior to the auction later this afternoon. The seller there is again Mr Hunter. MR JUSTICE MORGAN: I am not here to answer questions. I am not satisfied of either of those. There are one or two matters of suggested legal principle which are identified in a skeleton argument which has been prepared by or on behalf of Mr Hunter. 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. A debenture which provided that a charge over book debts was a specific (i.e. I am not going to start going into a point of that kind at this stage when you have not mentioned it before. Jul 2021. 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. So shall we talk about the first and start with you, Miss Windsor? So that is the order. I need to deal with those matters, albeit briefly. Nestl v National Westminster Bank Plc [1993] 1 WLR - ResearchGate The contract was to be completed six months from the date of the contract. 65. Players. ", 26. The beneficiaries named were the widow, children and remoter issue of the settlor. 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. National Westminster Bank | Bromley and South London Football League 90. 142.75. That of course does not take from him his equity of redemption. 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". Mr Taylor's company has acquired contractual rights. National Westminster Bank plc | NatWest Group Heritage Hub Adam Billey. There is no application before the Court today to have the appointment set aside or to have the Receivers removed. That is in accordance with the normal position in charges of this kind. Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. 70. 0 - 3 London Legends FC. Wright & anr v National Westminster Bank Plc [2014] EWHC 3158 (Ch) 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. The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. It may be that the auction contract was an involuntary contract on his part. 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. In the suit brought by the beneficiaries it was held by the chancery division that once the trust account was opened, the .