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There is a second application before the Court----. 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. I am not satisfied of either of those. (NWBD) Add to my list. 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. The time has come for this state of affairs to be brought to an end by direct intervention by the bank assisted by the Court's order and so I will make the order which I am asked to make. MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. 79. Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? For the sake of completeness I will start with the contracts of February 2011, although the position there is essentially the same as with the contracts of 14th July 2011 in favour of K Hunter and Sons Limited. NB v. London Borough of Haringey, [2011] EWHC 3544 (Fam); [2012] 2 FLR 125; [2012] Fam. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? So that is as much as I think I can indicate on that. The charge of 6th July 2006 is in relation to property described as land and buildings at Manor Farm, Pitchcott, Aylesbury, Land Registry title number BM195811, and the charge dated 12th April 2007 relates to land at Kirkdene, Pitchcott, Aylesbury, Land Registry title number BM126848. Lord Keith of Kinkel, Lord Griffiths, Lord Oliver of Aylemton, Lord Jauncey of Tullichettle. 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. Listing NGR: SE2637427830 MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? 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. 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. Published 2 March 2022 Explore the topic. 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. Contains public sector information licensed under the Open Government Licence v3.0. 40. MR JUSTICE MORGAN: Just looking at your penal notice it will say paragraph 2 or 3. They agreed, subject to a legal charge on . I don't understand the system, sir. Those are the principal matters of fact which are material to the application to which I next refer. England and Wales. 43. Do you want to say anything about the points of details save for the general points? 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. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. The contracts appear to be in essentially the same terms apart from the identity of the land and the price. 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 . Newcote Services Limited. 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. 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. The final reason for abridging time is that you are bound by a contract to sell Mr Taylor's company and I do not think it is appropriate to place the bank and the Receivers under time pressure where they might end up having difficulty in meeting time limits under the contract. MISS WINDSOR: Might I flag up simply that insofar as he does [inaudible] an application for permission to appeal, in a moment I shall be inviting your Lordship to abridge 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. If there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. With a mandatory order you have to put in a time and date, but I am going to do that. So I do not think there is any inconsistency in the order. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. Is it said to be wrong in law or is it said to be unfair or is it said to be wrong in fact? PPI complaints represent 59% of the . The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Mr Hunter, of course, will not be released from his covenant to pay the remainder of the debt. 13 December 2021. 38. The trust fund was then worth about andpound;50,000. [4] 4. It is not necessary I think to go to every difference and attempt to resolve it. 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. That is what he has to do to get the appeal up and running, is it? The case of National Westminster Bank plc v Lucas and others Re Estate of Jimmy Savile (deceased) ([2014] EWHC 653 (Ch)) involved a dispute between the Executors and the Trustees of the charitable Will Trust. IBAN Mandatory Although, IBAN can be used for domestic payments in the UK, currently, it is not mandatory. v. Arthur Young McClelland Moores & Co. (Practice Note) . MR HUNTER: The section 91 and the second application, sir. [2] It is the leading English case and a banker's right to combine accounts, [3] and also an important decision relating to insolvency set-off. The lot would obviously need to be withdrawn from the auction now if this offer is acceptable to you. The Claimant claimed damages . The Court of Appeal decision in National Westminster Bank Plc. For every 1,000 home finance loans that we had outstanding, we received five complaints. I can only give permission if I am satisfied that you have a real prospect of success in the Court of Appeal or there is some other reason why this case should be considered by the Court of Appeal. That means section 12 applies. It provided for payment of a deposit of 1. MISS WINDSOR: [inaudible] the first sentence application for permission to appeal----. MR HUNTER: I think both, sir. GBX. 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 . change. 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. Click here to remove this judgment from your profile. Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. Mr Hunter replied by an e-mail received at 14.07 on that day. 52. 330. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. 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. Privatbank 2. Hunter v Canary Wharf; Hussey v Palmer; Hydeshire Ltd's Application, Re; Hypo-Mortgage Services v Robinson (I) IAM Group plc v Chowdrey; . 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." MR JUSTICE MORGAN: Do you have it in a form that he could sign straight away? Ctrl + Alt + T to open/close . It is not said that any evidence as to the availability of funding beyond what was stated in the letters was provided to the bank before or on 14th July 2011. Unfortunately, based on what I have seen, the possibility of contempt of Court and committal proceedings does appear to be a real one and in the circumstances I am persuaded that I should make the order making committal proceedings operate more smoothly than might otherwise be the case. Sat 18 Feb 23. I sincerely hope that Mr Hunter will see just how foolish he has been in the conduct on which he has embarked. "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. 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. The wife got the family home as a life interest and a tax free annuity. Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . MR JUSTICE MORGAN: My understanding is that you do not need permission from the Court to attach a penal notice, it is a matter for you. SE 1422 NE (east side) 6/14 No. Decision date: 6 May 2021. 53. 57. At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. 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. 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. 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. 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. MR HUNTER: One strikes the mind, sir. 13. The difficulties of a practical kind which are being encountered are described in detail in the evidence which has been put in on behalf of the bank. 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. 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. 90. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. 142.75. 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. I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. 1. It was paid by cheque and the cheque has cleared. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. 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. 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. 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. The beneficiaries named were the widow, children and remoter issue of the settlor. The charge is a defined phrase which enables one to see it is a reference to the charges in favour of National Westminster Bank, to which I have referred. 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. 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. 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 was represented by counsel; Mrs Hunter was not represented by a legal representative. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. 56. 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. 14. It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. By Stuart Littlewood. 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." Included for group value. England and Wales High Court (Chancery Division), National Westminster Bank Plc v Hunter & Anor. It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. However, the comparison ceases to be favourable to Mr Hunter from that point. 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. Is that clear? 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. 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. 39. MISS WINDSOR: No, because the consequence of that is [inaudible]. Clause 8 of the contract is headed "Matters affecting the property". They are currently members of the Amateur Football Combination . 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. Citing: Applied - Henderson v Henderson 20-Jul-1843. 44. [1991] 2 AC 93, [1991] 3 All ER 41, [1991] 2 WLR 1177. MR JUSTICE MORGAN: Yes. Mr Hunter may be right that in the past and up to today he has been in control of the cattle because he has continued in breach of the Court orders to trespass on the relevant land and tend to the cattle. New Wave Capital Ltd. Newable Business Finance Ltd. Newable Limited. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). He referred to alternatives that might instead have been pursued. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. 73. 25% off till end of Feb! 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 Barclays Bank International Ltd [1975] 1 QB 654 (17 June 1974) is a decision of the High Court relating to the duty of care of a bank in relation to forged cheques with respect to persons other than their customer. That refers to a contract. 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. The Second Defendant is his wife, Mrs Karen Hunter. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. 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. MISS WINDSOR: This is the first I have heard of it. 47. 41. 9. Venue: CLUB LANGLEY Pitch 1. MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. 87. MISS WINDSOR appeared on behalf of the CLAIMANT. I appreciate your difficulty that you are in person, you have to get legal advice. National Westminster Bank. ", 25. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). 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. National Westminster Bank, byname NatWest, former British bank holding company with branches and subbranches in the United Kingdom and operations across the world. 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. 01-11-2022 Summary of outcome On 10 October 2022, the High Court handed down its judgment in the appeal of Steiner v National Westminster Bank plc [2022] EWHC 2519. 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. History [ edit] In 1970, the club was formed as a result of the merger between National Provincial Bank and Westminster Bank to form NatWest. The matter then turned upon the way in which that jurisdiction should be exercised and in the somewhat special circumstances of that case it was decided that it would be unfair to leave the property unsold and it would be appropriate for the Court to assist the mortgagor by making an order for sale. Mr Taylor's company has acquired contractual rights. Well, I will deal with that in a moment. 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. MR HUNTER: So what are you asking for? 88. 31. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. 82. The defendant bought a house on mortgage with her husband. You will just have to be patient a little longer. These powers given by Clause 5 are in addition to all parts conferred on the Receiver under the general law. 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. They're there, they're on the map, sir. 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. 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. Lanre Akanni. MR JUSTICE MORGAN: Which bit of it do you want to appeal? In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. Do you have anything to say about costs? P MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. Raheem Bucknor. 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. 49. Just before we deal with that, I am asked to order costs against you in relation to both applications. 63. 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. Newbury Building Society. We use necessary cookies to make our site work. Regina (Financial Conduct Authority) -v-. National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; 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. 11. In H2 2021, complaints made to the Bank were down ~22% compared to H1 2021. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. Shall we just work out the agenda? National Westminster Bank Plc (1968-date), established in London, is part of NatWest Group. MISS WINDSOR: I invite you to make the order as drafted, save at paragraph 3 (ii) be replaced by some machinery for Mr Hunter to sign the draft as handed up to your Lordship instead.