national westminster bank v hunter national westminster bank v hunter

MR JUSTICE MORGAN: I am not sure, what have I precisely said about that? 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." 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. 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. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. Currently, both domestic bank account numbers and IBAN are in circulation. He has deliberately, in breach of Court orders, refused to do so to gain an advantage by his unlawful conduct. I have referred to the land which is the subject matter of the charge. I will start the comparison by looking at the position of K Hunter and Sons Limited. You have had months, you have had chances, you have behaved the way the evidence shows. Nestle v National Westminster Bank plc [1992] EWCA Civ 12 is an English trusts law case concerning the duty of care when a trustee is making an investment. In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. 53. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. 8. NATIONAL WESTMINSTER BANK PLC. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. 21. Whether that deposit was paid or not paid is not in the event material. He was ordered by the Aylesbury County Court to remove the cattle by a date in the past. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. MR JUSTICE MORGAN: Right. 1 - 3 National Westminster Bank. Whether that came before the other contracts of 14th July or after it in my judgment makes no difference. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. 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. 46. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. 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. Phillips LJ, as he then was, said at page 1567: "I recognise the principles of the inherent jurisdiction of the Court" -- I omit certain words -- "but I question whether that principle can justify the Court in exercising its power to order a sale of mortgaged property under section 91 in circumstances where the mortgagee is seeking to enter into possession in order to sell property in which there is negative equity and where the sole object with which the mortgagor seeks that order is to prevent the mortgagee exercising his right to possession so that the mortgagor can negotiate his own sale while in possession. MR JUSTICE MORGAN: Shall I hear what he says about that first? GRAHAM STAPLES, secretary, 10 May 1994 - 1 May 1994. 02/23. 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. Those are the principal matters of fact which are material to the application to which I next refer. Well, I will deal with that in a moment. 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. MR JUSTICE MORGAN: Right. Decision date: 6 May 2021. There is no application before the Court today to have the appointment set aside or to have the Receivers removed. Regina (Financial Conduct Authority) -v-. 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. 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. The funds were available for draw down as at 14th July 2011.". Get 1 point on adding a valid citation to this judgment. The contract was to be completed six months from the date of the contract. National Westminster Home Loans Ltd. Nationwide Building Society. Just before we deal with that, I am asked to order costs against you in relation to both applications. Mr Hunter, of course, will not be released from his covenant to pay the remainder of the debt. Lord Keith of Kinkel, Lord Griffiths, Lord Oliver of Aylemton, Lord Jauncey of Tullichettle. Interact directly with CaseMine users looking for advocates in your area of specialization. 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. That certainly means that Mr Hunter is not able to convey title to the charged property to a third party. 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 . Taxpayer stake in Natwest reduced again as government sells shares. [4] 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." Accordingly, the question of selling the land has been one of the matters at the front of anyone's consideration. Under the auction contract the full balance of the purchase price is payable on completion. Law 512, PPI complaints represent 59% of the . Ctrl + Alt + T to open/close . (NWBD) Add to my list. That would have left a balance of 2.5 million, which I am told in the course of argument has risen further by reason of fees and charges being added to the principal debt. The court set down the principles to be applied in abuse of process cases, where a . 37. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. Prima facie, if the same person enters into two contracts for the sale of the same piece of land both contracts are binding in the law of contract, although there is a plain inconsistency between them and the Court may have to determine what remedies to give to which purchaser and in what circumstances. On that date at around 12.18 pm, Mr Hunter sent an e-mail to the bank. I will refer to the contract in relation to the bulk of the land. 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. The husband asked the claimant bank to refinance the loan. 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. 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. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. The Court will simply not tolerate that conduct continuing. The plaintiff sought summary judgment. Paragraphs 4 and 5 they are to sell the stock. Shares were issued on the sending of the allotment letter, not when the shares came to be registered in the company's books. MR JUSTICE MORGAN: All right. England and Wales. 0 - 3 London Legends FC. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. FREDERICK INGLIS WATT, director, 4 Sep 2000 - 31 Jan 2006. MR JUSTICE MORGAN: Right. 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. NATIONAL WESTMINSTER BANK PLC NWBD Company page - Search stock, chart, recent trades, company information, trading information, company news, fundamentals. National Westminster Bank PLC. I need to deal with those matters, albeit briefly. Paragraph 2 says you are not to go there. A debenture which provided that a charge over book debts was a specific (i.e. 79. 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. Dressed stone, slate roof. 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. * Enter a valid Journal (must Those proceedings were heard in the County Court on 10th August 2010. 72. 142.75. 6. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. It is fair to say that the impression given by the two chronologies is somewhat different. So just reading the section alone one questions what it is the Court would be doing if it was to interfere with the state of affairs that has come about out of court. 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. 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. Enhance your digital presence and reach by creating a Casemine profile. MR HUNTER: One strikes the mind, sir. That company was acquired off-the-shelf in around February 2007. Not only do we facilitate the sharing of data but we also utilise our investigative . As I have indicated the contracts of February 2011 were not completed. 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 you want to have some sort of suspension or stay you will have to go to the Court of Appeal at an oral hearing probably and ask for them to be modified. Published 2 March 2022 Explore the topic. Included for group value. 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. 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. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. The bank replied in these terms: "In my letters to you earlier this week I made it clear to you that as a condition of any proposals being accepted and for me to be able to ask the Receivers to withdraw the property from the auction the bank would require your solicitor (1) to pay a non-refundable deposit of 10 per cent of any agreed settlement figure prior to auction and (2) to provide proof of funding. Is that clear? MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. MISS WINDSOR: The relevant provisions are CPR 52.4, page 1541 of the White Book. 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. In particular, part of Kirkdene has been sold. In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. The sale memorandum states that the deposit was paid, though the evidence is that it was paid the next day, 15th July 2011. We use necessary cookies to make our site work. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. We pride ourselves on our independence, and our human touch. Although Mr Hunter is not in a position to raise that money there still remains an equity of redemption in the event that he were able to raise that money. MR HUNTER: Yeah, I'd like to appeal it, please, sir. I can now pick up the chronology again by referring to what happened at that auction. Jurisdiction code: Breach of Contract, Disability Discrimination, Maternity and Pregnancy Rights, Sex Discrimination. In that sense it was to be a 100 per cent mortgage. Get 2 points on providing a valid reason for the above MR JUSTICE MORGAN: Do you want to have access to move them on a particular time? 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. True it is that Mr Hunter owns the cattle, the bank does not own the cattle and does not have a security interest in the cattle. 31. 2 - 0 Beckenham FC. 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. O. Olley v Marlborough Court [1949] 1 KB 532 Omnium D'Enterprises v Sutherland [1919] 1 KB 618 Oscar Chess Ltd v Williams [1957] 1 WLR 370 . 40. 93. That was made on 23rd February 2011. For all those reasons I reach the conclusion that this application under section 91(2) must be dismissed. I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. The 14th July was a significant date because it was the date fixed for an auction of the charged property. The agreed price is 1.505 million. 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. 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. A hearing took place on 13th July 2011 at Aylesbury County Court to require the cattle to be removed. 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. 39. It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. This case. 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. It is not necessary for today's purposes to decide when it was that Mr Hunter and K Hunter and Sons Limited altered the date on the February contracts to be 14th July 2011. 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. 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. That condition is in extra special condition 11 which is in these terms: "11.1, the condition will be satisfied on the date that the seller has informed the buyer that the cattle that were on the lot as at the date of the auction as shown on the sale of memorandum, the auction date, has been removed. 80. 71. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 33. Mr Hunter replied by an e-mail received at 14.07 on that day. There was some description of some matters in relation to the land which I have been shown as follows. 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. It was acquired by the Royal Bank of Scotland in 2000. 25% off till end of Feb! Sorry, I don't understand what you're asking for. It is agreed that all of the land with which this case is concerned is subject to one or other of those two charges. Read the full decision in Mrs L . FREDERICK ANDERSON GOODWIN, director, 6 Mar 2000 - 21 Nov 2008. Adam Billey. The immediate difficulty created by those contracts for Mr Hunter is that Mr Hunter was not then and has not since been in a position to redeem the bank's charge. I will take legal advice on it, sir. Mr Hunter had no proposals of a positive or constructive kind to put forward. Abuse of Process and Re-litigation. The case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. 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. England and Wales High Court (Chancery Division), National Westminster Bank Plc v Hunter & Anor. 11. The cattle are chattels personal and are therefore goods and therefore the statutory provisions apply to the cattle. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. MISS WINDSOR: Although that does not have to be included in the bundle. The bank brought possession proceedings against Mr and Mrs Hunter. 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. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. 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 . Quite apart from that being the position between the seller and the buyer, Mr Hunter by entering into that contract would appear to have been in breach of the condition in the charge that he should not dispose of the property without the consent of the bank. 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. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. He is the freeholder of the land, the land is subject to a mortgage and that mortgage on the face of it can be redeemed on payment of the full sum outstanding to the bank. It is therefore the case that the Court has jurisdiction notwithstanding the dissent of the bank to direct a sale of the mortgaged property. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. 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. By Clause 3.1.3 in particular Mr Hunter agreed that he would not without the bank's prior written consent dispose of the charged property. 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. 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. 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. So shall we talk about the first and start with you, Miss Windsor? What matters more are the events of the 14th July of this year. Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. No, sir, I think the Court's been unfair and unjust, sir, and I think there are factual statements that I've made, sir, today that have been misinterpreted and also the second application is whether you've given the power to stop me seeing my cattle that the bank has no charge, I don't believe this Court has that power, sir. Court grants injunction, despite noting that was fairly unreasonable and . 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. What Mr Hunter has not confronted in his application, nor indeed in the course of his submissions to me, is what the effect of that would be in relation to the contract which he has made with Mr Taylor's company. 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 The Court cannot undo that contract. At any rate, I proceed on that basis for today's purposes. Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. The contracts of 23rd February 2011 separately relating to land at Manor Farm and land at Kirkdene have had the dates of the contracts on the cover sheet and within the body of the contract changed from 23rd February 2011 to 14th July 2011. I appreciate your difficulty that you are in person, you have to get legal advice. 5. 18. MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. The way in which Mr Hunter went about assessing a suitable price for such a sale to the connected company was to take a valuation of the entirety of the charged property, to deduct from it the proceeds of sale on the sale of part of Kirkdene and to arrive at a resulting figure. The beneficiaries named were the widow, children and remoter issue of the settlor. I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). He also ordered the First Defendant, Mr Hunter, to pay to the bank a sum of money which was a little under 3.5 million. Mr 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. In case of any confusion, feel free to reach out to us.Leave your message here. MR JUSTICE MORGAN: Mr Hunter pays the costs for the two applications on the standard basis to be subject to a detailed assessment? MR JUSTICE MORGAN: Do you have it in a form that he could sign straight away? I sincerely hope that Mr Hunter will see just how foolish he has been in the conduct on which he has embarked. I do not have any evidence to judge what the measure of damages might be, but that would be the legal consequence. MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. 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. 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? These powers given by Clause 5 are in addition to all parts conferred on the Receiver under the general law. It does not seem to me to be necessary to adjourn this hearing to hear from Mr Taylor's company. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). Using IBAN since United Kingdom has officially introduced the IBAN system in April 2001. 60. 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. 35. In that wa, Mr Hunter decided in February 2011 that he would sell the land which remained subject to the charges to the company K Hunter and Sons Limited to which I have referred. The battle was between which of the two of them should have conduct of the sale. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. Ordinarily the time limit for lodging appellant's notice is 21 days. There have been further communications between Mr Hunter and the bank in the period from February 2011 to July 2011. ", 26. 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. 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. 16. 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. Nor can I change the position in Mr Hunter's favour by granting some relief by way of injunction or otherwise against the Receivers. 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 . It has not been served with notice of this application and has not had an opportunity to put forward its position. National Wesminster Bank PLC. ", 27. 6 bay facade. It is not a case where the contract which is first in time is valid and the contract which is second in time lacks legal effect. However, what one does know -- and it is a positive factor -- is that the purchaser was able to raise the 10 per cent deposit the day after the auction was concluded. 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.