MR JUSTICE MORGAN: The second application is brought by the bank. New Wave Capital Ltd. Newable Business Finance Ltd. Newable Limited. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. 24. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. 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. Decision date: 6 May 2021. 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. Morgan J [2011] EWHC 3170 (Ch) Bailii Law of Property Act 1925 91 England and Wales Updated: 28 June 2021; Ref: scu.449869 In H2 2021, complaints made to the Bank were down ~22% compared to H1 2021. 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. National Westminster Bank PLC. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. 76. 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: 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. 20. National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. In the suit brought by the beneficiaries it was held by the chancery division that once the trust account was opened, the . Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. Regina (Financial Conduct Authority) -v-. That is what he has to do to get the appeal up and running, is it? The mortgagor does not need an order of the Court to force the mortgagee to sell the property, the mortgagee has been taking active steps to sell the property and has got the benefit of a contract under which it will sell the property. 41. The copy of the sale memorandum produced to the Court does not identify the buyer, although one can see that the signature on behalf of the buyer was that of a C Taylor. Walking down Lord Street and turning onto Church Street in Fleetwood is the wonderful National Westminster Bank Building. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. Bank) G. V. II. 19. MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. The Court will simply not tolerate that conduct continuing. I assume any potential bidders are aware of the above information as they should be. 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. I don't understand the system, sir. ", 28. 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. The contact provides for a 10 per cent deposit, 150,500. You have had months, you have had chances, you have behaved the way the evidence shows. The position under the auction contract is radically different. MR JUSTICE MORGAN: Yes. MR HUNTER: The section 91 and the second application, sir. Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) Is that clear? 02/23. It does not seem to me to be necessary to adjourn this hearing to hear from Mr Taylor's company. Is it said to be wrong in law or is it said to be unfair or is it said to be wrong in fact? Under the auction contract the full balance of the purchase price is payable on completion. MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. The last outstanding life interest under the trust was that of her father John, who died in 1986. 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. There is a second application before the Court----. The Court of Appeal is there to correct errors made by judges such as myself. That certainly means that Mr Hunter is not able to convey title to the charged property to a third party. Those proceedings were heard in the County Court on 10th August 2010. 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. 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 . 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. You are not to go there, you are not to interfere. These powers given by Clause 5 are in addition to all parts conferred on the Receiver under the general law. Enhance your digital presence and reach by creating a Casemine profile. I will refer to the buyer as Mr Taylor's company. 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. [1991] 2 AC 93, [1991] 3 All ER 41, [1991] 2 WLR 1177. MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. It seems to me inevitable that I must proceed today on the basis that the Receivers have been validly appointed and have the powers vested in them by the legal charges. Lanre Akanni. Right, any other point on the draft order? Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. They're there, they're on the map, sir. 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. MR HUNTER: So what are you asking for? No such deposit was on offer from K Hunter and Sons Limited. In case of any confusion, feel free to reach out to us.Leave your message here. Then there is the question of funding. 57. Law 512, MISS WINDSOR appeared on behalf of the CLAIMANT. Let me invite Mr Hunter to deal with that. MR JUSTICE MORGAN: Right. ", 25. 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. 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. It is therefore the case that the Court has jurisdiction notwithstanding the dissent of the bank to direct a sale of the mortgaged property. Jurisdiction code: Breach of Contract, Disability Discrimination, Maternity and Pregnancy Rights, Sex Discrimination. 6 bay facade. Privatbank 2. Apart from the change to the date there does not appear to be any other change to the contract relating to land at Kirkdene, the price there remains 7,500, the deposit remains 1. MISS WINDSOR: Might I flag up simply that insofar as he does [inaudible] an application for permission to appeal, in a moment I shall be inviting your Lordship to abridge time. Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. 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. You are also aware that there is waste contaminated by asbestos that has to be removed by 2nd August 2011, which is a condition set by the enforcement notice served by Aylesbury Vale District Council. If it sued Mr Hunter for specific performance of that contract it would prima facie be entitled to it certainly so long as Mr Hunter remains the owner of the land. 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. NATIONAL WESTMINSTER BANK PLC NWBD Company page - Search stock, chart, recent trades, company information, trading information, company news, fundamentals. 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. MR HUNTER: I ask for the right to appeal, sir. It provided for payment of a deposit of 1. 5. 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. In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. MISS WINDSOR: Although that does not have to be included in the bundle. 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. Click here to remove this judgment from your profile. Sorry, I don't understand what you're asking for. 32. John Trenberth v. National Westminster Bank [1979, Eng. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. 2. 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. Citing: Applied - Henderson v Henderson 20-Jul-1843. . 25% off till end of Feb! "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. MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? Mr Hunter says that the cattle are in his possession, they are under his control, they are not in the possession of the bank, they are not under the control of the bank. So shall we talk about the first and start with you, Miss Windsor? 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. He is not in practical terms able to redeem the charges so he is not able to convey free from the charges. 37. MR JUSTICE MORGAN: You are not being given the opportunity to move the cattle, as I understand it. Since the making of the order for possession a number of things have happened, not all of which I need recite. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. So I do not think there is any inconsistency in the order. 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. Because he is unable to perform them they will not be performed and title will be available to be transferred to Mr Taylor's company. By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. As the months went by the bank considered what course it should take and at some point it considered it should sell the land by auction in a conventional way. You have done this with full knowledge that I am still in possession of Manor Farm, Pitchcott. That statement fits very badly with the correspondence on 14th July 2011. 68. NatWest Group - Mortgages. 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 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. MR HUNTER: Yeah, I'd like to appeal it, please, sir. MR HUNTER: But can I? 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. Jul 2021. 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. MISS WINDSOR: No, because the consequence of that is [inaudible]. 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. 4. 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. National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; The auction contract identifies further terms which apply to this sale. 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. Previously, Hunter was Read More Contact Hunter Menton's Phone Number and Email Last Update 11/13/2022 7:20 PM Email h***@natwest.com This works out as three complaints per 1,000 relevant accounts. I note that your letter is silent on these points. 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. 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. 79. MR JUSTICE MORGAN: Well, I think, Mr Hunter, given the cleverness of your point that you had better put in some evidence on which I can act that there is a public footpath and then apply to vary the order in relation to it and that will be considered. By Clause 4.3 the bank is given the power to appoint a Receiver. Mr Hunter, of course, will not be released from his covenant to pay the remainder of the debt. 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: He is a member of the public and the public has the right. The bank brought possession proceedings against Mr and Mrs Hunter. National Westminster Bank. I would be minded to make an order that he do it straight away while he is here, otherwise he will seek to take advantage of the difficulty in tracking him down, which may take a few days. Please log in or sign up for a free trial to access this feature. 22. That has the heading "Effect of contract for sale" but if one reads the passage it can be seen that is dealing with a contract made by a mortgagee acting under the mortgagee's power of sale. 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. Mr Hunter was represented by counsel; Mrs Hunter was not represented by a legal representative. MR JUSTICE MORGAN: Do you have it in a form that he could sign straight away? 3. Contains public sector information licensed under the Open Government Licence v3.0. 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. It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. The Court cannot undo that contract. 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. If there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. 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. Lord Keith of Kinkel, Lord Griffiths, Lord Oliver of Aylemton, Lord Jauncey of Tullichettle. 52. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Our 67,404 banking and credit card complaints stem from our 26 million accounts. In that case both the mortgagor and the mortgagee wished to see the property sold. For every 1,000 home finance loans that we had outstanding, we received five complaints. The defendant bought a house on mortgage with her husband. 64. P I will start the comparison by looking at the position of K Hunter and Sons Limited. 23. That was a case, different from the present case, where the mortgagor suffering from severe negative equity wished to see the property sold and bring to an end the ongoing liability to pay interest, but the mortgagee did not intend to exercise its power of sale and did not wish to see the property sold at that point in the market. 89. 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. 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. The resulting figure was 930,000. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. 88. Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. 58. NATIONAL WESTMINSTER BANK PLC. In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. I am also asked to make orders providing for service in connection with possible committal applications. 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. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. 56. 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. The case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. Accordingly, the question of selling the land has been one of the matters at the front of anyone's consideration. 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 debenture which provided that a charge over book debts was a specific (i.e. MR JUSTICE MORGAN: I am making an order that you do not go on that land. I have been shown a number of authorities on the operation of section 91(2). 91. 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. MR JUSTICE MORGAN: Right. 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. 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. I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). 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. I do not accept that submission. As I have indicated the contracts of February 2011 were not completed. The plaintiff was the remainder beneficiary under the will trust of her grandfather, who died in 1922. 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. MR JUSTICE MORGAN: All right. What is unusual about the present case is that there is no dispute but that this property must be sold. It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. (NWBD) Add to my list. GBX. Citations: [1985] 2 WLR 588; [1985] AC 686. It is agreed that all of the land with which this case is concerned is subject to one or other of those two charges. BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. It is possible this bank is of similar date and by the same architect. In other words, you have to do this very rapidly indeed if you are to do anything at all. 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.

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