Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) 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. Facts [ edit] A testator died in 1922 and named his widow, two sons and wives and one grandchild as the beneficiaries. That is in accordance with the normal position in charges of this kind. It is agreed that all of the land with which this case is concerned is subject to one or other of those two charges. 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 last outstanding life interest under the trust was that of her father John, who died in 1986. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. Mr Hunter, I am asked to make an order in detailed terms. 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. 4. 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. MR JUSTICE MORGAN: Just looking at your penal notice it will say paragraph 2 or 3. However, at the hearing Mr Hunter has referred to a subsequent letter dated 29th July 2011 from UK Farm Finance Limited to K Hunter and Sons Limited. For every 1,000 home finance loans that we had outstanding, we received five complaints. 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. 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. A debenture which provided that a charge over book debts was a specific (i.e. 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. 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. Taxpayer stake in Natwest reduced again as government sells shares. 71. They're there, they're on the map, sir. 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 So that is the order. 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. 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. Orr. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. 02/23. A charge over book debts in a debenture which required the proceeds of the book debts to be paid into an account with the bank but placed no restriction on the use that could be made of the balance on the account thereafter was a floating and not a fixed charge, Siebe Gorman & Co Ltd v Barclays Bank Ltd (1979) 2 Lloyd's . Southwark Crown Court. 81. MR JUSTICE MORGAN: Right. MR JUSTICE MORGAN: You cannot fail to understand that. As I have indicated the contracts of February 2011 were not completed. 91. The plaintiff was the remainder beneficiary under the will trust of her grandfather, who died in 1922. 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. 46. 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. ", 29. NB v. London Borough of Haringey, [2011] EWHC 3544 (Fam); [2012] 2 FLR 125; [2012] Fam. Until the Court of Appeal grapple with your case these orders will bind you. 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. The leading authority which identified the potential of the sub-section is the decision of the Court of Appeal in Palk v. Mortgage Services Funding Plc [1993] Ch. 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.". The contracts appear to be in essentially the same terms apart from the identity of the land and the price. The Court will simply not tolerate that conduct continuing. Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. 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. What do you say I should do? 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. You have done this with full knowledge that I am still in possession of Manor Farm, Pitchcott. His e-mail stated: "I understand that I am not allowed to [refer to it] in open correspondence, however I will say that Manor Farm will not be auctioned before 4.30/5 p.m. today, which means there is plenty of time to withdraw it. Ch., Walton J. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. MR JUSTICE MORGAN: ----or one of the orders should not be made, then given that it is going to take effect either immediately or tomorrow the only point in running that appeal is if you can get to the Court of Appeal fast. 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. Sat 11 Feb 23. Pursuant to the negotiations with Mr Hunter on 14th July 2011, some at least of the purchase price, perhaps a substantial part of the purchase price, was to be postponed for a 12 month period. 62. National Wesminster Bank PLC. Courts, sentencing and tribunals; MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. The case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. Bays 2, 3 and 4. are set within octagonal colonnettes surmounted by lantern domed finials, I do not accept that submission. Further, under section 12(1)(a) Mr Hunter is already in breach of an obligation to take delivery of the cattle. It is possible this bank is of similar date and by the same architect. IBAN Mandatory Although, IBAN can be used for domestic payments in the UK, currently, it is not mandatory. Newbury Building Society. The lot would obviously need to be withdrawn from the auction now if this offer is acceptable to you. There is no application before me today for any relief in relation to what happened in relation to Kirkdene and it is not necessary for me to go into that matter any further or say anything about it. Thereafter she was absolutely entitled to the . Included for group value. Their payments fell into arrears and the building society started proceedings for repossession. 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. 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. You are not free to disregard them just because you want to tell the Court of Appeal that they were wrong. Regina (Financial Conduct Authority) -v-. 54. Miss Windsor, is there a point about public footpaths that needs to be considered? MR JUSTICE MORGAN: But you are in very considerable need of capable legal advice not later than tomorrow morning I would suggest to get on with this. The bic codes below belong to NATIONAL WESTMINSTER BANK PLC bank and/or any of its branches across all countries and cities in the world. Sentencing Remarks of Mrs Justice Cockerill. MR JUSTICE MORGAN: Shall I hear what he says about that first? He was ordered by the Aylesbury County Court to remove the cattle by a date in the past. "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. In H2 2021, complaints made to the Bank were down ~22% compared to H1 2021. The beneficiaries named were the widow, children and remoter issue of the settlor. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. 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. Contains public sector information licensed under the Open Government Licence v3.0. FREDERICK INGLIS WATT, director, 4 Sep 2000 - 31 Jan 2006. First of all, under the auction contract the Receivers were entitled to receive and have received a 10 per cent deposit. There is an effective contract by Mr Hunter to sell to Mr Taylor's company. I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). 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. 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. Under the auction contract the full balance of the purchase price is payable on completion. Mr Hunter has himself prepared a chronology which he has placed before me. 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. Confirmation statement filters Accounts Capital Charges Confirmation statements . Is there a public footpath across the land? 35. History [ edit] In 1970, the club was formed as a result of the merger between National Provincial Bank and Westminster Bank to form NatWest. MR JUSTICE MORGAN: Some of these orders are going to take effect immediately, some are going to take effect tomorrow. 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. 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. 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. 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. It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. There was some description of some matters in relation to the land which I have been shown as follows. Facts. The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. 86. 51. 0.00%. It may be that the auction contract was an involuntary contract on his part. Now, they are your cattle but you have put them on land that does not belong to you, at least it is not in your possession more accurately. I am not satisfied of either of those. v. Arthur Young McClelland Moores & Co. (Practice Note) . In particular, part of Kirkdene has been sold. 13. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. 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.". Just before we deal with that, I am asked to order costs against you in relation to both applications. MR HUNTER: I ask for the right to appeal, sir. 58. I can now pick up the chronology again by referring to what happened at that auction. 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. 330. MR JUSTICE MORGAN: Right. It is fair to say that the impression given by the two chronologies is somewhat different. 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. 75. National Westminster Bank. Mr Hunter has been very well aware for a considerable period of months that the bank has wanted him to remove his cattle. 82. 12. Raheem Bucknor. The bank appointed Receivers in relation to all of the charged property on 14th January 2010. MR JUSTICE MORGAN: All right. . I don't understand the system, sir. 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. As I will describe in due course, part of the land the subject of the charge of 12th April 2007 has more recently been sold, but the remainder of that land remains subject to that charge. NatWest Group - Mortgages. But if you cannot come to terms then you will be irrelevant and all these things will be done no matter what you think. The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. Hunter v Canary Wharf; Hussey v Palmer; Hydeshire Ltd's Application, Re; Hypo-Mortgage Services v Robinson (I) IAM Group plc v Chowdrey; . MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. 92. 1. Lanre Akanni. 2. Court grants injunction, despite noting that was fairly unreasonable and . 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. 87. The agreed price is 1.505 million. I shall be asking the Court to make a direction under CPR 52.4 to be the period be seven days in this case. MR HUNTER: Yeah, I'd like to appeal it, please, sir. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! I appreciate your difficulty that you are in person, you have to get legal advice. It is not necessary I think to go to every difference and attempt to resolve it. Mr Hunter has persistently said in the course of his submissions that he did not make that contract, he is not bound by it, he is not the seller. Mr Hunter was represented by counsel; Mrs Hunter was not represented by a legal representative. As the charges are in the same terms it will suffice if I refer to one of them and I will refer to the charge of 6th July 2006. 72. 24. 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. Since the possession action began and since the possession order was made t here has rightly been a great deal of communication between the bank and Mr Hunter. National Westminster Bank plc - Branch Network. The position under the auction contract is radically different. 66. Mr Hunter replied by an e-mail received at 14.07 on that day. The Receivers have actually got the maps, sir. Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . 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. It seems to me self-evident that the way forward here is to allow the contract of sale which Mr Hunter has himself made through the agency of the Receivers to go forward to completion. I sincerely hope that Mr Hunter will see just how foolish he has been in the conduct on which he has embarked. 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. 19. Well, I will deal with that in a moment. National Westminster Bank Plc v Morgan [1985] AC 686 Undue influence; presumption; bank vs customer (327 words) Facts The defendants were a married couple who bought a house on mortgage. 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 particulars of sale referred to the land. 55. MR JUSTICE MORGAN: Do you want to have access to move them on a particular time? My submission would be that even if there is there is no reason why the Court should not injunct the First Defendant from using it. Papamichael v National Westminster Bank Plc & Anor [2002]1 Lloyd's Rep 332 31 Jan 2002 Share Direct link Share on Andrew Hunter KC Call: 1993 Silk: 2012 About us Find us Clerks & staff Academic research panel News, cases & analysis Podcasts Client Area Competition Bulletin Sports Law Bulletin Employee Competition Bulletin Covid-19: Legal Insights 78. He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. 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. 33. The bank has prepared a draft order which has been considered in the course of submissions today. Paragraph 2 says you are not to go there. Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. 48. Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? Then there is the question of funding. The husband asked the claimant bank to refinance the loan. 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. Bank) G. V. II. MR HUNTER: The section 91 and the second application, sir. There is no application before the Court today to have the appointment set aside or to have the Receivers removed. Decision date: 6 May 2021. MR JUSTICE MORGAN: Now, Miss Windsor, I have refused permission to appeal, but it remains open to Mr Hunter to serve an appellant's notice. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. Newcote Services Limited. It is not necessary to examine further the reason for that, that principle does not apply where the contract is made by the mortgagor as the auction contract in this case was made. I will refer to the buyer as Mr Taylor's company. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. By Clause 5.1.4 in particular a Receiver appointed by the bank under the charge has the power to sell the charged property. It seems to me incumbent on the mortgagor to seek from the High Court any relief which that Court is empowered to give before the possession warrant takes effect.". I note that in earlier correspondence you stated quite categorically that you were unable to raise more than 1.31 million 'now'. Ordinarily the time limit for lodging appellant's notice is 21 days. 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. The 14th July was a significant date because it was the date fixed for an auction of the charged property. 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. 36. If Mr Hunter could not perform that contract, making title free from the charge, then he would be in breach of contract and would be liable to be sued in damages by the buyer. 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. Those proceedings were heard in the County Court on 10th August 2010. 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. With a mandatory order you have to put in a time and date, but I am going to do that. I will start the comparison by looking at the position of K Hunter and Sons Limited. I remain open to further negotiations. Mr Hunter told me that the amount of money to be borrowed from UK Farm Finance Limited was not less than 1.55 million. Interact directly with CaseMine users looking for advocates in your area of specialization. That refers to a contract. National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Practical Law Case Page D-000-1223 (Approx. What matters more are the events of the 14th July of this year. If I'm going to be banned from my property how do I move the cattle? 142.75. 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. 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. 76. National Westminster Bank Plc (1968-date), established in London, is part of NatWest Group.