MR JUSTICE MORGAN: The second application is brought by the bank. Branches were almost immediately opened at Brighton, Canterbury, Croydon, Lewes, Maidstone, Sevenoaks, Tonbridge, Tunbridge Wells and Woolwich. Right, any other point on the draft order? 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. Following Palk v Mortgages Services Funding, the court will not grant an order for possession for PB if Jakob is seeking sale of the property. Having set out the relevant facts, having identified the legal position under the various contracts which have come into existence, having informed myself of the way in which the jurisdiction under section 91(2) has been and should be exercised, in my judgment this does not begin to be a case in which the Court should intervene and upset the arrangements which have been brought into existence. 6 bay facade. The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. England and Wales. For all those reasons I reach the conclusion that this application under section 91(2) must be dismissed. By Clause 4.3 the bank is given the power to appoint a Receiver. 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 . I do not have very much detail about the state of affairs in relation to the company, but Mr Hunter has told me at the hearing today that all of the shares are owned by Mrs Karen Hunter and that he believes that she is a director of that company. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? MISS WINDSOR: This is the first I have heard of it. This works out as three complaints per 1,000 relevant accounts. What is unusual about the present case is that there is no dispute but that this property must be sold. 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. 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. Let me invite Mr Hunter to deal with that. Having considered the effect of the conflicting contracts which exist and the challenge which Mr Hunter has raised to the conduct of the Receivers, I can now go to the ultimate issue which is whether the Court should exercise the jurisdiction it has which would enable Mr Hunter to sell the land to K Hunter and Sons Limited free from the charge, placing himself in breach of the contract with Mr Taylor's company, or whether the Court should make no such order. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. National Westminster Bank. 90. MR JUSTICE MORGAN: There is something before that, is there? 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. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. 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. 38. The next matter to which I need to refer is the fact that the contracts made on 23rd February 2011 have been amended in a way to which I will refer. 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. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! That statement fits very badly with the correspondence on 14th July 2011. On that date at around 12.18 pm, Mr Hunter sent an e-mail to the bank. 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. This decision, together with an academic article written by Roy Goode, [1] is sometimes looked upon as the turning point in relation to the stricter requirements in relation to . 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. 12. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. The defendant bought a house on mortgage with her husband. 53. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. NB v. London Borough of Haringey, [2011] EWHC 3544 (Fam); [2012] 2 FLR 125; [2012] Fam. 3. 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. There have been further communications between Mr Hunter and the bank in the period from February 2011 to July 2011. Citations: [1985] 2 WLR 588; [1985] AC 686. 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. Is there a public footpath across the land? 1 - 3 National Westminster Bank. 75. The tribunal held that the House of Lords decision in Westminster Bank Executor and Trustee Co (Channel Islands) Ltd v National Bank of Greece SA [1971] AC 945 remains the only decision that binds the lower courts on this point. MR JUSTICE MORGAN: Right. - but doesn't want them to do that. IBAN Mandatory Although, IBAN can be used for domestic payments in the UK, currently, it is not mandatory. 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. 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. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. It is therefore the case that the Court has jurisdiction notwithstanding the dissent of the bank to direct a sale of the mortgaged property. So that is as much as I think I can indicate on that. 87. Decision date: 6 May 2021. There was some description of some matters in relation to the land which I have been shown as follows. 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. 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. Making that contract, as I say, does not take from him his equity of redemption. Mr Hunter has himself prepared a chronology which he has placed before me. If there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. 0 - 3 London Legends FC. Paragraph 2 says you are not to go there. 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. It is fair to say that the impression given by the two chronologies is somewhat different. I note that your letter is silent on these points. 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 Receivers submit that they did the right thing by putting the property up for auction and getting the best bid at auction. Bank. 83. Found National Westminster Bank Plc v Hunter & Anor useful? 2. 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. 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. The position is that the contract which has come into existence following the auction is between Mr Hunter as seller, acting through the Receivers, and Mr Taylor's company, but when it comes to the transfer of title pursuant to that contact title will not be transfered by a transfer executed by Mr Hunter as transferor, it will instead be transfered pursuant to a transfer executed by the bank as chargee. Clause 8 of the contract is headed "Matters affecting the property". So if the amount which remains charged on the property is between 2.5 million and 3 million it is clear that Mr Hunter would not be able to take advantage of a contract to sell for 930,000 without the intervention of the Court. 31. The plaintiff sought summary judgment. 78. 9. The bank wishes to sell, the bank has taken steps to sell, the bank has gone about the matter in a way which cannot be undone, certainly not on the application of Mr Hunter as mortgagor. It is possible this bank is of similar date and by the same architect. 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. Under section 13 the Court has the power in relation to goods to which section 12 applies where it is shown that the bank would be entitled to sell the goods if it gave a notice in accordance with schedule 1 to the Act, the Court may then authorise the sale subject to such terms and conditions as may be specified in the order. 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. The contract provides for title to pass to the purchaser pursuant to a Land Registry transfer form, in form TR2, which is to be executed by National Westminster Bank Plc as transferor pursuant to the legal charges. 17. 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." Lekan Akanni. The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. I note that in earlier correspondence you stated quite categorically that you were unable to raise more than 1.31 million 'now'. Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. Whether that came before the other contracts of 14th July or after it in my judgment makes no difference. Working with your business. The Second Defendant is his wife, Mrs Karen Hunter. 11. 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. They are in essentially the same terms, save that they relate to different parcels of land. 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. National Westminster Bank plc - Branch Network. MR JUSTICE MORGAN: There is a Court of Appeal. today. 59. Paragraphs 4 and 5 they are to sell the stock. 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 Ltd v Halesowen Presswork & Assemblies Ltd [1972] AC 785 is a decision of the House of Lords in relation to a banker's right to combine accounts under English law. Ch., Walton J. I don't know if you do, but I'm just asking that question, sir. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. 2 - 0 Beckenham FC. I have referred to the land which is the subject matter of the charge. The definition continues but it is not necessary for me to read it out. 66. Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. Included for group value. MR HUNTER: Yeah, I'd like to appeal it, please, sir. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. 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. 24. 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. The resulting figure was 930,000. MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. 330. 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". The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. MR HUNTER: Sir, do I understand you correctly, sir, what you just said that I can actually appeal against what you've just said; is that correct? MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. The husband asked the claimant bank to refinance the loan. In other words, you have to do this very rapidly indeed if you are to do anything at all. 19. Rights have been acquired by Mr Taylor's company, Mr Taylo's compoany is on the face of it entitled to pursue those rights. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. Orr. Do you want to say anything about the points of details save for the general points? NWB Group Annual Results 2021 4 Financial review continued Summary consolidated income statement for the year ended 31 December 2021 Year ended Retail Private Commercial Central items 31 December Banking Banking & other 2021 2020 Variance m m % Net interest income 3,541 461 2,171 (171) 6,002 5,810 192 3 Non-interest income 345 263 1,040 1,619 3,267 3,145 122 4 SE 1422 NE (east side) 6/14 No. National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Practical Law Case Page D-000-1223 (Approx. 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. That decision of the Court of Appeal was followed at first instance in Polonski v. Lloyds Bank Mortgages Limited (1997) 31 Housing Law Reports, 721. The contracts of 23rd February 2011 have not been completed. 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. It is pursuant to an application notice of 21st October 2011. 52. It may be that the auction contract was an involuntary contract on his part. I am also asked to make orders providing for service in connection with possible committal applications. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. MR JUSTICE MORGAN: Mr Hunter pays the costs for the two applications on the standard basis to be subject to a detailed assessment? 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. I appreciate your difficulty that you are in person, you have to get legal advice. 76. The seller there is again Mr Hunter. 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. 11.2, if the condition has not be satisfied within six months of the auction date then either the buyer or the seller can serve notice on the other to terminate this contract. Get 1 point on adding a valid citation to this judgment. MR JUSTICE MORGAN: You do not want an order for costs? MISS WINDSOR: Subject to handwritten amendments, yes. 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. In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. The bank appointed Receivers in relation to all of the charged property on 14th January 2010. 71. floating charge. 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. 10 (National Westminster. 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 . 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. 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 I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. PPI complaints represent 59% of the . MISS WINDSOR: [inaudible] the first sentence application for permission to appeal----. 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. If I made an order in Mr Hunter's favour under section 91(2) whereby Mr Hunter sold the land to K Hunter and Sons Limited I would place Mr Hunter in breach of contract in favour of Mr Taylor's company. 57. NATIONAL WESTMINSTER BANK PLC. Ctrl + Alt + T to open/close . MR HUNTER: Do you have the power to ban me from public footpaths? Southwark Crown Court. You have done this with full knowledge that I am still in possession of Manor Farm, Pitchcott. I remain open to further negotiations. Players. It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. 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. Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . MR JUSTICE MORGAN: You cannot fail to understand that. He referred to alternatives that might instead have been pursued. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. 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. 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. 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. 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. Morgan J [2011] EWHC 3170 (Ch) Bailii Law of Property Act 1925 91 England and Wales Updated: 28 June 2021; Ref: scu.449869 Facts [ edit] A testator died in 1922 and named his widow, two sons and wives and one grandchild as the beneficiaries. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). But if you cannot come to terms then you will be irrelevant and all these things will be done no matter what you think. Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. v. Arthur Young McClelland Moores & Co. (Practice Note) . It may be convenient at this point before considering the application of section 91(2) to that state of affairs to investigate a matter which has been very much in dispute in the course of argument. MR HUNTER: So what are you asking for? Is there a system to do that, sir? 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. The sale memorandum states that the deposit was paid, though the evidence is that it was paid the next day, 15th July 2011. 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. V NATIONAL WESTMINSTER BANK PLC Analysis On 20 August 2012 Richard Wright signed a discretionary trust of which the National Westminster Bank was the trustee. 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. We have discussed paragraph 3. Citing: Applied - Henderson v Henderson 20-Jul-1843. Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . 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. 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. 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. 82. Mr Hunter, of course, will not be released from his covenant to pay the remainder of the debt. London Stock Exchange uses cookies to improve its website. I will consider the effect of these contracts without regard to the impact of section 91(2) and the I will consider the possible impact of the statutory provision. A debenture which provided that a charge over book debts was a specific (i.e. Section 91(2) is in these terms: "In any action, whether for foreclosure or for redemption or for sale or for the raising and payment in any manner of mortgage money, the Court on the request of the mortgagee or of any person interested either in the mortgage money or in the right of redemption and notwithstanding that (a) any other person dissents or (b) the mortgagee or any person so interested does not appear in the action and without allowing any time for redemption or for payment of any mortgage money, may direct a sale of a mortgaged property on such terms as it thinks fit, including the deposit in court of a reasonable sum fixed by the Court to meet the expenses of sale and to secure performance of the terms.". What do you say I should do? What matters more are the events of the 14th July of this year. ]: needed to repair building but couldn't do so without trespassing on property (needed to use it as a staging area, bring materials across, etc.) This case concerns agricultural land and buildings at Manor Farm, Pitchcott, Aylesbury and at Kirkdene, Pitchcott, Aylesbury. Sat 11 Feb 23. GRAHAM STAPLES, secretary, 10 May 1994 - 1 May 1994. 0.00%. GBX. My improved offer of 1.550 million to be paid in 12 months is clearly above the guide price set by Allsops and well in excess of the 1.375 million valuation by Savills. Abuse of Process and Re-litigation. The court set down the principles to be applied in abuse of process cases, where a . The trust fund was then worth about andpound;50,000. 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 was referred to a further authority on the operation of the sub-section, namely Cheltenham and Gloucester Plc v. Krausz [1997] 1 WLR 1558. If Mr Hunter seeks to continue the conduct he will place himself in very grave peril of being put in prison for a period of time which will bring home to him the consequences of his conduct. 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. 5. Those are the principal matters of fact which are material to the application to which I next refer. The agreed price is 1.505 million. MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). The bank has prepared a draft order which has been considered in the course of submissions today. Court grants injunction, despite noting that was fairly unreasonable and . MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. [2] It is the leading English case and a banker's right to combine accounts, [3] and also an important decision relating to insolvency set-off. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. They agreed, subject to a legal charge on . 22. Mr Hunter, under the rules you have 21 days to serve an appellant's notice. 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. Read the full decision in Mrs L . 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. National Westminster Bank, byname NatWest, former British bank holding company with branches and subbranches in the United Kingdom and operations across the world. Since the making of the order for possession a number of things have happened, not all of which I need recite. Nor can I change the position in Mr Hunter's favour by granting some relief by way of injunction or otherwise against the Receivers. It is in your interests to get to the Court of Appeal. I will refer to the contract in relation to the bulk of the land. 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. They are in force. This offer is open for acceptance until 4.30 p.m. National Westminster Bank Plc - Ventures. 67. 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 will take legal advice on it, sir. 69. 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.