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. MISS WINDSOR: This is the first I have heard of it. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. 44. 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. 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. Shall we just work out the agenda? 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. National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. I sincerely hope that Mr Hunter will see just how foolish he has been in the conduct on which he has embarked. MR JUSTICE MORGAN: Yes. I have been told you have gone to a solicitor in the past----, MR JUSTICE MORGAN: ----you do not have to tell me, but are you intending to go back to the same person----. 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. 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. 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. 49. 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. 73. The argument is not about what the Receivers can do today but is instead what they should have done prior to the holding of the auction on 14th July 2011. 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. 8. 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. 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. Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. 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. Our 67,404 banking and credit card complaints stem from our 26 million accounts. A hearing took place on 13th July 2011 at Aylesbury County Court to require the cattle to be removed. With a mandatory order you have to put in a time and date, but I am going to do that. 36. GRAHAM STAPLES, secretary, 10 May 1994 - 1 May 1994. 77. The 14th July was a significant date because it was the date fixed for an auction of the charged property. 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. 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. 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. Ch., Walton J. MR HUNTER: I think both, sir. MR JUSTICE MORGAN: I think the position is this, that the bank and the Receivers, for reasons that appear to be good ones, have given up on you, Mr Hunter. 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. So I do not think there is any inconsistency in the order. By Stuart Littlewood. 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. 14. . 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. National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd In National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd [1972] AC 785 it was held that an agreement between a bank and its customer that the debit on one account could not be set off against the credit on another account was void. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. 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. If you are to get any modification of these orders you will have to in your own interests act extremely quickly. The position under the auction contract is radically different. I have referred to that letter on the question of funding because the question of funding was raised in the communications between the parties prior to the auction in this case. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. On 26th August 2011 Mr Hunter applied in the Aylesbury Count Court for the following order -- I read from the application notice: "Application to permit me to complete a contract entered into in February 2011, varied on 14th July 2011, to sell Maple Barn, two barn conversions, farm buildings and 104 acres of farmland to K Hunter and Sons Limited for 1.55 million." 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. GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. 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. 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. 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. NatWest Group HR. The letter is in these terms: "Further to our telephone conversation with your solicitor, we write in confirmation that prior to the auction relating to the properties at Manor Farm on 14th July 2011 we had made a formal offer of finance to you to enable you to purchase Manor Farm, comprising the three residential units and the farm land, for a purchase price of 1,550,000. 81. Constructive trusts and proprietary estoppel often do what unjust enrichment cannot Birks, An Introduction to the Law of Restitution (Clarendon Press, 1989), 89 Fuller,Legal Fictions (Stanford University Press, 1967) Att-Gen for Hong Kong v. Reid [1994] AC 324 Westdeutsche Landesbank v. 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. 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. 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. 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. 23. MISS WINDSOR appeared on behalf of the CLAIMANT. 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. 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. 83. England and Wales. This case concerns agricultural land and buildings at Manor Farm, Pitchcott, Aylesbury and at Kirkdene, Pitchcott, Aylesbury. Joe Bumpus. 142.75. On 26 February Jordan hosted a meeting at Aqaba between Israel and the Palestinian National Authority (PNA). The Court of Appeal was in no doubt that in a case where everyone agreed the property should be sold that it was not appropriate to use the jurisdiction of section 91(2) to override the mortgagee's exercise of its power of sale. 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. Sat 11 Feb 23. 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. MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. 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 . I do not have any evidence to judge what the measure of damages might be, but that would be the legal consequence. 43. National Westminster Bank, byname NatWest, former British bank holding company with branches and subbranches in the United Kingdom and operations across the world. I am also asked to make orders providing for service in connection with possible committal applications. 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. The agreed price is 1.505 million. The cattle are chattels personal and are therefore goods and therefore the statutory provisions apply to the cattle. 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. 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 purchase price under the auction contract was 1,505,000. I am not going to start going into a point of that kind at this stage when you have not mentioned it before. MR JUSTICE MORGAN: Right. V - V National Westminster Bank Void 2STH 18/04/20 14:00: Economicals III V - V Fulham Compton Old Boys II Void . If one combines the two phrases "other than any matters other than the charge" what that is saying is that the sale will not be subject to the charge; the buyer under this contract is to take the property free from the charge. 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 . 10. Well, I will deal with that in a moment. MR JUSTICE MORGAN: He is a member of the public and the public has the right. We pride ourselves on our independence, and our human touch. I remain open to further negotiations. So that is the order. 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 0 - 3 London Legends FC. 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. Raheem Bucknor. 58. In H2 2021, complaints made to the Bank were down ~22% compared to H1 2021. 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. First of all, to bring the present unsatisfactory state of affairs to end I will make an specific order backed with a penal notice that Mr Hunter and anyone acting on his behalf must not enter upon any part of the property or move or bring any cattle or any livestock or other chattels onto the property. The Court of Appeal decision in National Westminster Bank Plc. 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. 41. Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. We need to discuss the detail of the Court order, we need to discuss costs and we need to discuss Mr Hunter's application, which I apprehend he may wish to make, to have permission to appeal. I assume any potential bidders are aware of the above information as they should be. Mr Hunter has himself prepared a chronology which he has placed before me. 69. The Court of Appeal is there to correct errors made by judges such as myself. The powers of the Receiver are spelt out in Clause 5 of the charge. There are well known authorities including Property & Bloodstock Limited v Emerton [1968] Ch.94, which say that when a mortgagee contracts to sell the mortgaged property the equity of redemption is suspended between the making of the contract and completion and is finally extinguished upon completion of that contract. Sentencing Remarks of Mrs Justice Cockerill. Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. You are not to go there, you are not to interfere. History [ edit] In 1970, the club was formed as a result of the merger between National Provincial Bank and Westminster Bank to form NatWest. - but doesn't want them to do that. The bank has prepared a draft order which has been considered in the course of submissions today. Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . Venue: HALL PLACE #4. 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. Is there a public footpath across the land? He will have to get an appellant's notice drafted---. 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. 1. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. 45. Please log in or sign up for a free trial to access this feature. 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. Bank. 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. Not only do we facilitate the sharing of data but we also utilise our investigative . Mr Hunter was represented by counsel; Mrs Hunter was not represented by a legal representative. The last outstanding life interest under the trust was that of her father John, who died in 1986. Dressed stone, slate roof. That causes me to be a little circumspect about the reliability of the general statements made, not supported by documents which really ought to exist, in the letter of 29th July 2011. We have discussed paragraph 3. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). It is in your interests to get to the Court of Appeal. 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: And if you get permission to make a complaint then they will hear the appeal. 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. 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. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! MISS WINDSOR: The relevant provisions are CPR 52.4, page 1541 of the White Book. Although Mr Hunter has entered into conflicting contracts, it may very well be the case due to the connection with K Hunter and Sons Limited that it will not sue Mr Hunter for damages because he is unable to perform those contracts. P The plaintiff was the remainder beneficiary under the will trust of her grandfather, who died in 1922. Mr Hunter, I am asked to make an order in detailed terms. MR JUSTICE MORGAN: Right. MR JUSTICE MORGAN: You are not being given the opportunity to move the cattle, as I understand it. 80. 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 there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. John Trenberth v. National Westminster Bank [1979, Eng. Plainly, the bank's primary concern was to realise the value of its security so as to reduce the indebtedness owed to it. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. FCA-v-Natwest-Sentencing-remarks-131221.pdf 405.95 kb. Hudson v Secretary of State for Social Services, Jones v Secretary of State for Social Services [1972] 1 All ER 145, [1972] AC 944, [1972] 2 WLR 210, HL. Main Road. ", 27. MR JUSTICE MORGAN: Just looking at your penal notice it will say paragraph 2 or 3. 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. Ethan Crane . 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. 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. 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." As I have indicated the contracts of February 2011 were not completed. A debenture which provided that a charge over book debts was a specific (i.e. But the land has been sold by contract to Mr Taylor's company. ]: 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.) MR JUSTICE MORGAN: So you want an order for today? 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. The contact provides for a 10 per cent deposit, 150,500. Those proceedings were heard in the County Court on 10th August 2010. It is an autonomous publicly-held company still trading under the NATWEST, NATIONAL WESTMINSTER and NATIONAL WESTMINSTER BANK marks but is now a fully-owned subsidiary of the Royal Bank of Scotland Group. National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Practical Law Case Page D-000-1223 (Approx. 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. Facts [ edit] A testator died in 1922 and named his widow, two sons and wives and one grandchild as the beneficiaries. MR JUSTICE MORGAN: Well, I am giving you an opportunity, which you do not have to take, of raising any point of detail on the drafting of the order. 70. National Wesminster Bank PLC. You have had months, you have had chances, you have behaved the way the evidence shows. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. Until the Court of Appeal grapple with your case these orders will bind you. However, the comparison ceases to be favourable to Mr Hunter from that point. Mr Hunter, under the rules you have 21 days to serve an appellant's notice. MR JUSTICE MORGAN: All right. Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. 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. Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . 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. MR HUNTER: I ask for the right to appeal, sir. We would also like to set optional cookies to improve our site and bring you more . That is in accordance with the normal position in charges of this kind. It may be that the auction contract was an involuntary contract on his part. 17. 85. 76. 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 agreed completion date is expressed to be five business days after a certain condition has been satisfied. It is possible this bank is of similar date and by the same architect. 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. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. Clause 8 of the contract is headed "Matters affecting the property". MR HUNTER: One strikes the mind, sir. First of all, under the auction contract the Receivers were entitled to receive and have received a 10 per cent deposit. The contracts appear to be in essentially the same terms apart from the identity of the land and the price. The auction contract identifies further terms which apply to this sale. 19. Found National Westminster Bank Plc v Hunter & Anor useful? MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. 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. MR JUSTICE MORGAN: And they will take effect whether you issue an appellant's notice or do not issue an appellant's notice. (2) There shall be entered in the register. MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. I say that because this case does not turn upon which contract is first in time. 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. Those are the principal matters of fact which are material to the application to which I next refer. NB v. London Borough of Haringey, [2011] EWHC 3544 (Fam); [2012] 2 FLR 125; [2012] Fam. BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. Download Citation | Nestl v National Westminster Bank Plc [1993] 1 WLR 1260, Court of Appeal | Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. England and Wales High Court (Chancery Division), National Westminster Bank Plc v Hunter & Anor. 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. 330. 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. [1977] A.C. 1, and Hunter v. Chief Constable of the West Midlands Police [1982] A.C. 529 are obiter indorsements of obiter dicta, so far as the vital words are concerned, and only Lord Hailsham of St. Marylebone .
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