Whether that deposit was paid or not paid is not in the event material. What is unusual about the present case is that there is no dispute but that this property must be sold. Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? By Clause 5.1.4 in particular a Receiver appointed by the bank under the charge has the power to sell the charged 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. 33. 142.75. Against that background, Mr Hunter asks the Court to order a sale of the property and in particular a sale which will be a sale by Mr Hunter to K Hunter and Sons Limited pursuant to the pair of contracts of 14th July 2011. The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. 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. Citing: Applied - Henderson v Henderson 20-Jul-1843. Shall we just work out the agenda? V - V National Westminster Bank Void 2STH 18/04/20 14:00: Economicals III V - V Fulham Compton Old Boys II Void . 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 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. MR JUSTICE MORGAN: Just looking at your penal notice it will say paragraph 2 or 3. That statement fits very badly with the correspondence on 14th July 2011. 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. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. The court also allowed the m/gor to handle the sale himself if the m/gor cannot prove any substantial advantage in refusing the m/gor's request. It was acquired by the Royal Bank of Scotland in 2000. ( a) the names and addresses of the members; ( b) the date on which each person was registered as a member; and. 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. 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 . So under these contracts Mr Hunter on the face of it was contracting to sell land which was subject to a charge charging a liability to pay a sum of money well in excess of 2.5 million for a purchase price of 930,000. Orr. As a matter of simple mathematics that is a higher figure than the price to be paid under the auction contract of 1.505 million. We have discussed paragraph 3. v. Arthur Young McClelland Moores & Co. (Practice Note) . 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. 35. MR JUSTICE MORGAN: Do you want to have access to move them on a particular time? But the land has been sold by contract to Mr Taylor's company. Privatbank 2. Mr Hunter has raised a number of questions today in argument as to the way in which the bank or the Receivers went about the sale of part of Kirkdene. It is agreed that all of the land with which this case is concerned is subject to one or other of those two charges. These powers given by Clause 5 are in addition to all parts conferred on the Receiver under the general law. 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. I have been told you have gone to a solicitor in the past----, MR JUSTICE MORGAN: ----you do not have to tell me, but are you intending to go back to the same person----. 79. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. 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. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. NatWest Group - Mortgages. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. That is in place of 3(ii), is it? 1. 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. 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. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. 9. P 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. 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. 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. 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 . They are in essentially the same terms, save that they relate to different parcels of land. Mr Hunter, under the rules you have 21 days to serve an appellant's notice. 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. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. 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. 73. The auction contract identifies further terms which apply to this sale. MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. 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 have been shown a number of authorities on the operation of section 91(2). Do you have anything to say about costs? The bank has prepared a draft order which has been considered in the course of submissions today. 48. They are in force. Let me invite Mr Hunter to deal with that. Those proceedings were heard in the County Court on 10th August 2010. Facts [ edit] A testator died in 1922 and named his widow, two sons and wives and one grandchild as the beneficiaries. They're there, they're on the map, sir. . 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. 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. The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. 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. 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. 6 bay facade. 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. Whether that came before the other contracts of 14th July or after it in my judgment makes no difference. 31. 36. He will have to get an appellant's notice drafted---. I don't know if you do, but I'm just asking that question, sir. MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. National Westminster Bank (A/K/A NatWest Bank) is a fully-owned subsidiary of the Royal Bank of Scotland Group, which in March 2000, completed the acquisition of NatWest Bank. Ethan Crane . 2 storeys and attic. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 32. Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. 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. 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. 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 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. NATIONAL WESTMINSTER BANK PLC NWBD Company page - Search stock, chart, recent trades, company information, trading information, company news, fundamentals. contains alphabet). It is also the case that there have been further applications to the Court and eventually Mr and Mrs Hunter did leave the land, that is they ceased to reside on any part of the land or buildings. 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. 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. He has deliberately, in breach of Court orders, refused to do so to gain an advantage by his unlawful conduct. I turn then to the contracts made on 14th July 2011, if that is the correct date, in favour of K Hunter and Sons Limited. I note that your letter is silent on these points. This is also applied in National Westminster Bank v Hunter. England and Wales. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! By Stuart Littlewood. We pride ourselves on our independence, and our human touch. MR JUSTICE MORGAN: I am not here to answer questions. 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. MISS WINDSOR: Although that does not have to be included in the bundle. In that sense it was to be a 100 per cent mortgage. 89. 59. Contains public sector information licensed under the Open Government Licence v3.0. 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. NATIONAL WESTMINSTER BANK PLC. MR JUSTICE MORGAN: Some of these orders are going to take effect immediately, some are going to take effect tomorrow. 90. ", 25. 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. MR JUSTICE MORGAN: Right. [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 . It was paid by cheque and the cheque has cleared. I can now pick up the chronology again by referring to what happened at that auction. The other matter concerns the way in which the payment was to be made. 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 They agreed, subject to a legal charge on . He was ordered by the Aylesbury County Court to remove the cattle by a date in the past. MR JUSTICE MORGAN: Which bit of it do you want to appeal? Do you want to say anything about the points of details save for the general points? 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 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. National Westminster Bank Plc (1968-date), established in London, is part of NatWest Group. 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. Mr Hunter, I am asked to make an order in detailed terms. MISS WINDSOR: This is the first I have heard of it. 43. Working with your business. I will take legal advice on it, sir. The Court will simply not tolerate that conduct continuing. However, the comparison ceases to be favourable to Mr Hunter from that point. ", 28. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; Lanre Akanni. The seller there is again Mr Hunter. I am not going to start going into a point of that kind at this stage when you have not mentioned it before. Mr Hunter told me that the amount of money to be borrowed from UK Farm Finance Limited was not less than 1.55 million. That of course does not take from him his equity of redemption. First of all, to bring the present unsatisfactory state of affairs to end I will make an specific order backed with a penal notice that Mr Hunter and anyone acting on his behalf must not enter upon any part of the property or move or bring any cattle or any livestock or other chattels onto the property. 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. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. 69. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. 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 . There is no evidence before me that that consent was obtained or given. By Clause 4.3 the bank is given the power to appoint a Receiver. Get 1 point on providing a valid sentiment to this 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. Paragraph 2 says you are not to go there. 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. The sale memorandum states that the deposit was paid, though the evidence is that it was paid the next day, 15th July 2011. MISS WINDSOR: [inaudible] the first sentence application for permission to appeal----. 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: The second application is brought by the bank. 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. 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. The husband asked the claimant bank to refinance the loan. MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. 13. 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. 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. 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. There is one other matter relating to the contract to which I ought to refer. If I'm going to be banned from my property how do I move the cattle? 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.". 40. Included for group value. 66. Walking down Lord Street and turning onto Church Street in Fleetwood is the wonderful National Westminster Bank Building. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. 83. 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. 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. 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. I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. The position under the auction contract is radically different. 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. MR HUNTER: So what are you asking for? 54. Bank. 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. NB v. London Borough of Haringey, [2011] EWHC 3544 (Fam); [2012] 2 FLR 125; [2012] Fam. It does not seem to me to be necessary to adjourn this hearing to hear from Mr Taylor's company. 84. Part payment will be paid up-front with the remainder being paid in 12 months' time, which would have to be on a second charge basis. Facts. 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. 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. There is an effective contract by Mr Hunter to sell to Mr Taylor's company. 93. 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.