At any rate, I proceed on that basis for today's purposes. MR JUSTICE MORGAN: There is something before that, is there? It is in your interests to get to the Court of Appeal. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. The other matter concerns the way in which the payment was to be made. Listing NGR: SE2637427830 At First Instance - National Westminster Bank Plc and Another and Barclays Bank Plc and Another v Inland Revenue Commissioners ChD 6-Aug-1993 A business expansion tax plan was valid if it was issued before the Income and Corporation Taxes Act. Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) 89. 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. 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. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. 43. 58. Arnold v National Westminster Bank Plc: HL 1991 - swarb.co.uk 2. What has happened, certainly so far as the bank's submission goes, is that Mr Hunter, acting through the agency of Receivers, has contracted to sell the property. Lanre Akanni. Players. As a not-for-profit member organisation, the aim of National Hunter is to work together to prevent fraud for our members and at the same time to protect victims of fraud. WIPO Domain Name Decision: D2002-0823 MR JUSTICE MORGAN: Do you want to have access to move them on a particular time? Turning then to the position of Mr Taylor's company, the Court has not been given evidence as to the position of that company or the people standing behind it. BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. I can see in detail what the parties said to each other because they said it in writing in documents sent by e-mail which have been produced in evidence. National Westminster Bank plc v Spectrum Plus Ltd and others [2005 It provided for payment of a deposit of 1. 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. A debenture which provided that a charge over book debts was a specific (i.e. Lekan Akanni. 65. I have referred to the land which is the subject matter of the charge. 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. contains alphabet). 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 National Westminster Bank | British company | Britannica 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. That's correct? There is one other matter relating to the contract to which I ought to refer. 25% off till end of Feb! You are not to go there, you are not to interfere. 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 . 73. I appreciate your difficulty that you are in person, you have to get legal advice. Decision date: 6 May 2021. 38. Ordinarily the time limit for lodging appellant's notice is 21 days. 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. That is in place of 3(ii), is it? National Westminister Bank Plc v Commissioners of Inland Revenue 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. PPI complaints represent 59% of the . 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. Mr Hunter, I am asked to make an order in detailed terms. Do you have anything to say about costs? change. The bank replied in these terms: "Given the proximity of the property being offered for sale at auction, I do not propose to consider your proposal today. So that is as much as I think I can indicate on that. 69. Apart from the change to the date there does not appear to be any other change to the contract relating to land at Kirkdene, the price there remains 7,500, the deposit remains 1. 66. The contracts of 23rd February 2011 have not been completed. As I have indicated the contracts of February 2011 were not completed. So that is the order. There have been further communications between Mr Hunter and the bank in the period from February 2011 to July 2011. 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. MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. Is it said to be wrong in law or is it said to be unfair or is it said to be wrong in fact? 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. Mr Hunter has been very well aware for a considerable period of months that the bank has wanted him to remove his cattle. Included for group value. 37. I will hear the parties on any detailed points arising in relation to the order, but in principle it seems to me it is an appropriate order for the Court to make. 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: Although that does not have to be included in the bundle. 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. National Westminster Bank v Somer [2002] QB 1286 5. ", 29. 14. The plaintiff was the remainder beneficiary under the will trust of her grandfather, who died in 1922. P There is an effective contract by Mr Hunter to sell to Mr Taylor's company. - but doesn't want them to do that. Ch., Walton J. 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 . Further, under section 12(1)(a) Mr Hunter is already in breach of an obligation to take delivery of the cattle. At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. 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. 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. 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. But the land has been sold by contract to Mr Taylor's company. I have used the phrase not less than because Mr Hunter did not seem to quarrel with the suggestion I put to him that UK Farm Finance Limited would make various charges for fees and other matters in connection with the provision of finance. MR JUSTICE MORGAN: Mr Hunter pays the costs for the two applications on the standard basis to be subject to a detailed assessment? MISS WINDSOR: Subject to handwritten amendments, yes. 79. What is unusual about the present case is that there is no dispute but that this property must be sold. 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. (NWBD) Add to my list. There is no application before the Court today to have the appointment set aside or to have the Receivers removed. 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. 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. 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. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. A hearing took place on 13th July 2011 at Aylesbury County Court to require the cattle to be removed. The powers of the Receiver are spelt out in Clause 5 of the charge. 55. 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. 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. Mr Hunter has himself prepared a chronology which he has placed before me. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. 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 MR JUSTICE MORGAN: Yes. My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. The agreed completion date is expressed to be five business days after a certain condition has been satisfied. I am not satisfied of either of those. Israel's illegal occupation: When 'de-escalate' means 'ramp up' - and MISS WINDSOR: No, because the consequence of that is [inaudible]. 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. 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. Bank. 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. The contact provides for a 10 per cent deposit, 150,500. 11. Adam Billey. I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. I can now pick up the chronology again by referring to what happened at that auction. 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. I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. In the event that the property remains unsold following this afternoon's auction I would invite you to write to me again tomorrow clearly stating the quantum of the part payment you would intend making now together with proof of funding from your new lender. Wright & anr v National Westminster Bank Plc [2014] EWHC 3158 (Ch) At the date of the order for possession in August 2010 the debt was approaching 3.5 million. Taxpayer stake in Natwest reduced again as government sells shares. 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. 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. This case. Sorry, I don't understand what you're asking for. fixed) charge and required the company to pay the proceeds of the debts when received into the company's account with the bank and not otherwise to deal with the debts created a fixed charge over the book debts in accordance with the decision in Siebe . 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. 40. I don't know if you do, but I'm just asking that question, sir. The case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. The Role of Bank as Trustee - Academike The trust fund was then worth about andpound;50,000. The particulars of sale referred to the land. MR JUSTICE MORGAN: I think what I will do is I will shorten the time for you to serve an appellant's notice from 21 days to 14 days. He referred to alternatives that might instead have been pursued. You have had months, you have had chances, you have behaved the way the evidence shows. 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. Under these contracts Mr Hunter is the seller and K Hunter and Sons Limited, the company controlled by Mrs Hunter, is the buyer. 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. National Westminster Bank Public Limited Company The Court of Appeal is there to correct errors made by judges such as myself. The judge adjourned the application to be relisted at the next available date after 20th July 2011.". 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. 67. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. 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. MISS WINDSOR: This is the first I have heard of it. The seller there is again Mr Hunter. Get 1 point on adding a valid citation to this judgment. What matters more are the events of the 14th July of this year. On that date at around 12.18 pm, Mr Hunter sent an e-mail to the bank. 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. PDF Appendix A to the LBHI and SLP3 combined Skeleton Argument appears - PwC 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. It identifies various heads of relief based upon difficulties which the bank says it has encountered because Mr Hunter has continued to keep stock upon the land and has failed to cooperate with efforts made by the bank to have the stock removed from the land. MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. National Wesminster Bank PLC. Fulham Compton Old Boys II | Amateur Football Combination V - V National Westminster Bank Void 2STH 18/04/20 14:00: Economicals III V - V Fulham Compton Old Boys II Void . On 26 February Jordan hosted a meeting at Aqaba between Israel and the Palestinian National Authority (PNA). 17. 36. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. ", 27. 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. The sale memorandum states that the deposit was paid, though the evidence is that it was paid the next day, 15th July 2011. Do you want to say anything about the points of details save for the general points? It is therefore the case that the Court has jurisdiction notwithstanding the dissent of the bank to direct a sale of the mortgaged property. 39. 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. Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . The auction contract identifies further terms which apply to this sale. 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. The Receivers submit that they did the right thing by putting the property up for auction and getting the best bid at auction. In that case both the mortgagor and the mortgagee wished to see the property sold. GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. 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. . Completion will take place following confirmation from the seller that the cattle have been removed. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. I sincerely hope that Mr Hunter will see just how foolish he has been in the conduct on which he has embarked. That correspondence referred to the topic of potential funding for the intended purchase of the farm. Ethan Crane . By Clause 4.3 the bank is given the power to appoint a Receiver. It may be that the auction contract was an involuntary contract on his part. 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. National Westminster Bank plc | NatWest Group Heritage Hub 24. 44. 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. National Westminster Bank plc - Branch Network. 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. v. Arthur Young McClelland Moores & Co. (Practice Note) . MR HUNTER: I ask for the right to appeal, sir. The bank brought possession proceedings against Mr and Mrs Hunter. 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. 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. GBX. Nor can I change the position in Mr Hunter's favour by granting some relief by way of injunction or otherwise against the Receivers. 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. 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 . National Westminster Bank PLC v Spectrum Plus Ltd National Westminster Bank, Brighouse, Calderdale - British Listed Buildings On the other hand, he is in person. Walking down Lord Street and turning onto Church Street in Fleetwood is the wonderful National Westminster Bank Building. 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. There was some description of some matters in relation to the land which I have been shown as follows. The wife got the family home as a life interest and a tax free annuity. 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. * Enter a valid Journal (must MR JUSTICE MORGAN: You cannot fail to understand that. On the other hand, Mr Hunter, who is a stock farmer, has left upon the land a number of cattle, I think some 90 or so, although as a result of recent developments the number of cattle on the land today I understand is 3 cows. The resulting figure was 930,000. On the other hand, this matter has gone on for a considerable time and you have failed to comply with Court orders in the past. 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 consequence of that will be that the only contract that Mr Hunter is able to perform is the one in favour of Mr Taylor's company. 64. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. 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. Click here to remove this judgment from your profile. 21. MR JUSTICE MORGAN: Right. The bank appointed Receivers in relation to all of the charged property on 14th January 2010. Lord Keith of Kinkel, Lord Griffiths, Lord Oliver of Aylemton, Lord Jauncey of Tullichettle. MR JUSTICE MORGAN: No, but the Court of Appeal is not going to really know what this case is about, particularly with Mr Hunter acting without legal assistance, unless it sees what was put forward as the reasons for the decision. Mr Hunter has raised a number of questions today in argument as to the way in which the bank or the Receivers went about the sale of part of Kirkdene. National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. today. 41. National Westminster Bank Plc v Hunter and Another: ChD 23 Nov 2011 - swarb.co.uk National Westminster Bank Plc v Hunter and Another: ChD 23 Nov 2011 Reasons for dismissal of claim under section 91. National Westminster Bank Plc and Another v Inland Revenue
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