MR JUSTICE MORGAN: I am making an order that you do not go on that land. Until the Court of Appeal grapple with your case these orders will bind you. 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. I say that because this case does not turn upon which contract is first in time. 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. The last statement in the letter from UK Farm Finance Limited was, I repeat, that funds were available for draw down as at 14th July 2011. MR HUNTER: I think both, sir. Let me invite Mr Hunter to deal with that. National Westminster Bank Football Club is a football club based in Beckenham, England. Nor can I change the position in Mr Hunter's favour by granting some relief by way of injunction or otherwise against the Receivers. . MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. I can now pick up the chronology again by referring to what happened at that auction. 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. The auction contract identifies further terms which apply to this sale. Mr Hunter was represented by counsel; Mrs Hunter was not represented by a legal representative. 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. 6. The contract was to be completed six months from the date of the contract. 46. 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.". Nestle v National Westminster Bank This is an appeal by the plaintiff in the action, Miss Nestle, against a judgment of Hoffmann J., given as long ago as 29th June 1988, whereby, at the end of the trial of the action, he dismissed all Miss Nestle's claims against the defendant in the action, National Westminster Bank Plc. The bank brought possession proceedings against Mr and Mrs Hunter. 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. 3. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. Thereafter she was absolutely entitled to the . Accordingly, the question of selling the land has been one of the matters at the front of anyone's consideration. MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. 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. Nestle v National Westminster Bank plc [1992] EWCA Civ 12 is an English trusts law case concerning the duty of care when a trustee is making an investment. 64. So I do not think there is any inconsistency in the order. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. 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. We have discussed paragraph 3. Mr Hunter's second point is that section 12 of the 1977 Act in terms applies to goods "in the possession or under the control of a bailee". Nestle v National Westminster Bank: ChD 1988. Facts. 13 December 2021. Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. MR JUSTICE MORGAN: Shall I hear what he says about that first? It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. MR HUNTER: I ask for the right to appeal, sir. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. 63. That correspondence referred to the topic of potential funding for the intended purchase of the farm. I appreciate your difficulty that you are in person, you have to get legal advice. Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. NatWest Group HR. If you are to get any modification of these orders you will have to in your own interests act extremely quickly. That means section 12 applies. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. 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 MR JUSTICE MORGAN: I thought we had got into 2011, but tell me the rule again, 52.4? MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. Mr Hunter says that the cattle are in his possession, they are under his control, they are not in the possession of the bank, they are not under the control of the bank. 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 . Then there is the question of funding. NATIONAL WESTMINSTER BANK PLC NWBD Company page - Search stock, chart, recent trades, company information, trading information, company news, fundamentals. It is fair to say that the impression given by the two chronologies is somewhat different. By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. 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. It is in your interests to get to the Court of Appeal. Those proceedings were heard in the County Court on 10th August 2010. 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. I don't know, sir, but you tell me. The other matter concerns the way in which the payment was to be made. They are in force. Regina (Financial Conduct Authority) -v-. FREDERICK ANDERSON GOODWIN, director, 6 Mar 2000 - 21 Nov 2008. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 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 . Whether that deposit was paid or not paid is not in the event material. 54. There is no evidence before me that that consent was obtained or given. Mr Hunter replied by an e-mail received at 14.07 on that day. I note that in earlier correspondence you stated quite categorically that you were unable to raise more than 1.31 million 'now'. 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 have referred to the land which is the subject matter of the charge. 13. 41. The beneficiaries named were the widow, children and remoter issue of the settlor. Not only do we facilitate the sharing of data but we also utilise our investigative . The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. 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. Those proceedings were started in the Aylesbury County Court by a claim form dated 29th June 2010. 70. 87. Southwark Crown Court. MR JUSTICE MORGAN: You do not want an order for costs? 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. 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. 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. 55. The lot would obviously need to be withdrawn from the auction now if this offer is acceptable to you. 57. 24. 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. I shall be asking the Court to make a direction under CPR 52.4 to be the period be seven days in this case. The bank appointed Receivers in relation to all of the charged property on 14th January 2010. England and Wales. 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. Ordinarily the time limit for lodging appellant's notice is 21 days. Mr Hunter has himself prepared a chronology which he has placed before me. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. 73. MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. Newcote Services Limited. 22. 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. The bank, National Westminster Bank Plc, is involved with the land and buildings to which I have referred pursuant to two legal charges, one dated 6th July 2006 and the second dated 12th April 2007. 32. What matters more are the events of the 14th July of this year. 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----. 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. Before confirming, please ensure that you have thoroughly read and verified the judgment. Plainly, the bank's primary concern was to realise the value of its security so as to reduce the indebtedness owed to it. 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. 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. MR HUNTER: The section 91 and the second application, sir. 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 Second Defendant is his wife, Mrs Karen 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. In the suit brought by the beneficiaries it was held by the chancery division that once the trust account was opened, the . Enhance your digital presence and reach by creating a Casemine profile. 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. Joe Bumpus. 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. 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. 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. 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. 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. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. Clause 3 of the charge is headed "Restrictions on charging, leasing, disposing and parting with possession". 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. By Clause 5.1.4 in particular a Receiver appointed by the bank under the charge has the power to sell the charged property. Under these contracts Mr Hunter is the seller and K Hunter and Sons Limited, the company controlled by Mrs Hunter, is the buyer. There is one other matter relating to the contract to which I ought to refer. Confirmation statement filters Accounts Capital Charges Confirmation statements . 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. It is therefore the case that the Court has jurisdiction notwithstanding the dissent of the bank to direct a sale of the mortgaged property. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. Let me see what Mr Hunter says about those two matters and his application for permission. We use necessary cookies to make our site work. National Westminster Bank Plc v Hunter Law of Property Act 1925, s.91(2) - Mortgagor having continued interest in right of redemption - Conflicting contracts for sale - Whether mortgagee acted correctly in proceeding to sale by action - Applicability of remedy where sale contracted - Torts (Interference with Goods) Act 1977, s.13 - Order for sale of cattle The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. Because, of course, first of all the application would be considered on paper and then Mr Hunter would have a possible right to renew his application orally. The contracts provided for the buyer to take the land free from the bank's charge. MR JUSTICE MORGAN: And that is to be without prejudice to any powers you would have to recover costs----. It does not seem to me to be necessary to adjourn this hearing to hear from Mr Taylor's company. This offer is open for acceptance until 4.30 p.m. 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. 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. National Westminster Home Loans Ltd. Nationwide Building Society. MISS WINDSOR: 52.4(2): "The appellant must file the appellant's notice at the appeal court within such period as may be directed by the lower court or where the court makes no such direction 21 days after the date of the decision of the lower court that the appellant wishes to appeal." National Carriers v Panalpina [1981] A.C. 675 National Westminster Bank v Morgan [1985] AC 686 Nicholl and Knight v Ashton, Eldridge & Co [1901] 2 KB 126 Niersmans v Pesticcio [2004] WTLR 699 . 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. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. 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. National Westminster Bank. 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. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. 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: There is a Court of Appeal. We would also like to set optional cookies to improve our site and bring you more . There is no application before the Court today to have the appointment set aside or to have the Receivers removed. SE 1422 NE (east side) 6/14 No. I will take legal advice on it, sir. National Westminster Bank Plc (1968-date), established in London, is part of NatWest Group. . [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 . 82. Nestle v. National Westminster Bank plc ; Soud : Odvolac soud : Rozhodnuto : 6. kvtna 1992 : Citace [1992] EWCA Civ 12 , [1993] 1 WLR 1260 Historie ppadu ; Pedchoz akce [2000] WTLR 795; Independent, 4. ervence 1988, (1996) 10 (1) Trust law International 113, 115 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. I don't know if you do, but I'm just asking that question, sir. 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. Players. The powers of the Receiver are spelt out in Clause 5 of the charge. The purchase price under the auction contract was 1,505,000. The court set down the principles to be applied in abuse of process cases, where a . If you want to have some sort of suspension or stay you will have to go to the Court of Appeal at an oral hearing probably and ask for them to be modified. The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. Dressed stone, slate roof. ", 29. At any rate, I proceed on that basis for today's purposes. 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. 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. On that date at around 12.18 pm, Mr Hunter sent an e-mail to the bank. 0.00%. MISS WINDSOR: Subject to handwritten amendments, yes. First of all, under the auction contract the Receivers were entitled to receive and have received a 10 per cent deposit. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Mr Hunter has been very well aware for a considerable period of months that the bank has wanted him to remove his cattle. 02/23. 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. NWB Group Annual Results 2021 4 Financial review continued Summary consolidated income statement for the year ended 31 December 2021 Year ended Retail Private Commercial Central items 31 December Banking Banking & other 2021 2020 Variance m m % Net interest income 3,541 461 2,171 (171) 6,002 5,810 192 3 Non-interest income 345 263 1,040 1,619 3,267 3,145 122 4 90. They agreed, subject to a legal charge on . National Wesminster Bank PLC. 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. Paragraphs 4 and 5 they are to sell the stock. Mr Taylor's company has acquired contractual rights. 19. 23. The plaintiff was the remainder beneficiary under the will trust of her grandfather, who died in 1922. It was paid by cheque and the cheque has cleared. 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. The bank has prepared a draft order which has been considered in the course of submissions today. Jul 2021. 142.75. In case of any confusion, feel free to reach out to us.Leave your message here. That was made on 23rd February 2011. Currently, both domestic bank account numbers and IBAN are in circulation. You have done this with full knowledge that I am still in possession of Manor Farm, Pitchcott. 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. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. 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. 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. 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. 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 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. That statement fits very badly with the correspondence on 14th July 2011. The next matter to which I need to refer is the fact that the contracts made on 23rd February 2011 have been amended in a way to which I will refer. 84. It was acquired by the Royal Bank of Scotland in 2000. 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. 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. 2 storeys and attic. 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. Now, outside court if you and the Receivers can come to a practical solution of the kind Miss Windsor has referred to nothing in the order stops that because the Receivers can give you permission to go there for a limited purpose, nothing in the order stops that. 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.
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