I need to deal with those matters, albeit briefly. Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . 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. 80. MR HUNTER: One strikes the mind, sir. We have discussed paragraph 3. 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----. That correspondence referred to the topic of potential funding for the intended purchase of the farm. 72. New Wave Capital Ltd. Newable Business Finance Ltd. Newable Limited. Bank. 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. 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. contains alphabet). 2 - 0 Beckenham FC. National Westminster Bank. Is there a system to do that, sir? 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. 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. Orr. MR JUSTICE MORGAN: Right. Let me invite Mr Hunter to deal with that. The bic codes below belong to NATIONAL WESTMINSTER BANK PLC bank and/or any of its branches across all countries and cities in the world. MISS WINDSOR: If Mr Hunter would like the three cattle herded through the gate, as he herded the other 87 through, onto his brother's land the Receivers will arrange for the three cattle to be handed over at the gate at that point. 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. At this hearing that is the only document before the Court which gives any information about the possibility of funding to K Hunter and Sons Limited in relation to a possible purchase of the land for 1.55 million. By Stuart Littlewood. So it will be the lodging of the appeal which will enable a number to be added to the appeal and then my instructing solicitors to apply for an expedited hearing and even at that point we anticipate it will take some weeks. You have had months, you have had chances, you have behaved the way the evidence shows. Mr Hunter has one point in his favour in this comparison, he says that the price to be paid by K Hunter and Sons Limited is 1.55 million. MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? ", 29. 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 . 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." National Westminster Bank plc - Branch Network. I am very far from satisfied on the material before me today that K Hunter and Sons Limited has tied up satisfactorily the question of funding a purchase at a price of 1.55 million. Whether that deposit was paid or not paid is not in the event material. 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. 1 - 3 National Westminster Bank. 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. A debenture which provided that a charge over book debts was a specific (i.e. This case. Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. The judge adjourned the application to be relisted at the next available date after 20th July 2011.". Citing: Applied - Henderson v Henderson 20-Jul-1843. Nothing of that kind was put before the bank prior to the auction taking place and nothing of that kind has been put before the Court today. FREDERICK ANDERSON GOODWIN, director, 6 Mar 2000 - 21 Nov 2008. 85. It is only if one takes into account both contracts that one gets an aggregate price of 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. National Westminster Bank Plc (1968-date), established in London, is part of NatWest Group. today. Contains public sector information licensed under the Open Government Licence v3.0. 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. 60. This offer is open for acceptance until 4.30 p.m. Raheem Bucknor. By Clause 3.1.3 in particular Mr Hunter agreed that he would not without the bank's prior written consent dispose of the charged property. Whether that came before the other contracts of 14th July or after it in my judgment makes no difference. Then there is the question of funding. The contracts of 23rd February 2011 have not been completed. Those proceedings were heard in the County Court on 10th August 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. There was some description of some matters in relation to the land which I have been shown as follows. Mr Hunter replied by an e-mail received at 14.07 on that day. 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. They are in essentially the same terms, save that they relate to different parcels of land. 48. 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. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. 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. MR HUNTER: But can I? 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. MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. If Mr Hunter could not perform that contract, making title free from the charge, then he would be in breach of contract and would be liable to be sued in damages by the buyer. Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) The Receivers submit that they did the right thing by putting the property up for auction and getting the best bid at auction. Paragraph 2 says you are not to go there. It seems to me to be an unnecessary step to require the bank to serve a notice on Mr Hunter requiring him to remove the cattle else they will be sold. The court set down the principles to be applied in abuse of process cases, where a . I will start the comparison by looking at the position of K Hunter and Sons Limited. MISS WINDSOR: [inaudible] the first sentence application for permission to appeal----. 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. 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. Facts [ edit] A testator died in 1922 and named his widow, two sons and wives and one grandchild as the beneficiaries. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. 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. I have referred to the land which is the subject matter of the charge. 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. It is also relevant to refer to a limited company which is called K Hunter and Sons Limited. The wife got the family home as a life interest and a tax free annuity. Main Road. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! 73. MR JUSTICE MORGAN: The second application is brought by the bank. 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. FREDERICK INGLIS WATT, director, 4 Sep 2000 - 31 Jan 2006. 23. It provided for payment of a deposit of 1. NB v. London Borough of Haringey, [2011] EWHC 3544 (Fam); [2012] 2 FLR 125; [2012] Fam. It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. 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. 32. 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. 12. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. 65. Mr Hunter has been very well aware for a considerable period of months that the bank has wanted him to remove his cattle. ", 25. floating charge. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 13 December 2021. Mr Hunter, I am asked to make an order in detailed terms. 79. Our 67,404 banking and credit card complaints stem from our 26 million accounts. Found National Westminster Bank Plc v Hunter & Anor useful? 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. He was ordered by the Aylesbury County Court to remove the cattle by a date in the past. It seemed to emerge in the course of argument that Mr Taylor is known to Mr Hunter and it also seemed to emerge that the buyer is not Mr Taylor personally but is a company controlled by Mr Taylor. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. Ordinarily the time limit for lodging appellant's notice is 21 days. That is in accordance with the normal position in charges of this kind. Paragraphs 4 and 5 they are to sell the stock. [1991] 2 AC 93, [1991] 3 All ER 41, [1991] 2 WLR 1177. That is what he has to do to get the appeal up and running, is it? 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. 330. I am not going to start going into a point of that kind at this stage when you have not mentioned it before. The bank has prepared a draft order which has been considered in the course of submissions today. You will just have to be patient a little longer. I note that your letter is silent on these points. 93. He will have to get an appellant's notice drafted---. 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. 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. 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. The future of this land has had to be addressed. The trust fund was then worth about andpound;50,000. 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. 92. 76. Walking down Lord Street and turning onto Church Street in Fleetwood is the wonderful National Westminster Bank Building. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. 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. 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. I have been shown a number of authorities on the operation of section 91(2). MR HUNTER: I think both, sir. 20. 64. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. 81. The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. 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. National Westminster Bank Football Club is a football club based in Beckenham, England. Lanre Akanni. 5. 41. Mr Hunter told me that the amount of money to be borrowed from UK Farm Finance Limited was not less than 1.55 million. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. 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 17. 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. Completion will take place following confirmation from the seller that the cattle have been removed. 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. [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. 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. . 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. If the matter had come before the Court before the auction sale, in theory at any rate, the Court could consider an application to restrain the Receivers from selling the land. Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? 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. The Claimant claimed damages . His e-mail stated: "I understand that I am not allowed to [refer to it] in open correspondence, however I will say that Manor Farm will not be auctioned before 4.30/5 p.m. today, which means there is plenty of time to withdraw it. MR HUNTER: So what are you asking for? The lot would obviously need to be withdrawn from the auction now if this offer is acceptable to you. I appreciate your difficulty that you are in person, you have to get legal advice. It is pursuant to an application notice of 21st October 2011. As I have indicated the contracts of February 2011 were not completed. NATIONAL WESTMINSTER BANK PLC NWBD Company page - Search stock, chart, recent trades, company information, trading information, company news, fundamentals. 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. MISS WINDSOR appeared on behalf of the CLAIMANT. 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. The agreed price is 1.505 million. 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. Abuse of Process and Re-litigation. Law 512, So for all those reasons I will abridge time to 14 days. NatWest Group HR. Ctrl + Alt + T to open/close . That is generally regarded as the appropriate action of a bank or a Receiver who has a duty to take steps to obtain a proper price for the security. MISS WINDSOR: The relevant provisions are CPR 52.4, page 1541 of the White Book. 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. MR JUSTICE MORGAN: Right. I do not have any evidence to judge what the measure of damages might be, but that would be the legal consequence. 46. 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. 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 beneficiaries named were the widow, children and remoter issue of the settlor. It is in your interests to get to the Court of Appeal. Shares were issued on the sending of the allotment letter, not when the shares came to be registered in the company's books. They're there, they're on the map, sir. MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. Sentencing Remarks of Mrs Justice Cockerill. 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. This involves a comparison of what the Receivers achieved by auctioning the property and the alternative of negotiating and perhaps concluding a contract with Mr Hunter or K Hunter and Sons Limited. Is it said to be wrong in law or is it said to be unfair or is it said to be wrong in fact? Insofar as the bank seeks an order for sale under section 13 of the Torts (Interference of goods) Act 1977 the point made by Mr Hunter is first that the cattle which are on the land and which might, in breach of the Court orders, in the future be brought onto the land are not "goods" for the purpose of the 1977 Act.
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