Privatbank 2. 34. The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. change. 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. 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. 16. 0 - 3 London Legends FC. 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. 57. 59. Miss Windsor, is there a point about public footpaths that needs to be considered? 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. Interact directly with CaseMine users looking for advocates in your area of specialization. 0.00%. 42. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. MR HUNTER: I think both, sir. 89. But if you cannot come to terms then you will be irrelevant and all these things will be done no matter what you think. MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. 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. National Wesminster Bank PLC. 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. With a mandatory order you have to put in a time and date, but I am going to do that. MR JUSTICE MORGAN: Well, let me see. On that date at around 12.18 pm, Mr Hunter sent an e-mail to the bank. Sentencing Remarks of Mrs Justice Cockerill. Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) Get 1 point on providing a valid sentiment to this So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. Clause 8 of the contract is headed "Matters affecting 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. ", 29. MR JUSTICE MORGAN: There is a Court of Appeal. In National Bank of Greece, Lord Hailsham applied a multi-factorial test in determining source of interest. The mortgagor put forward a number of reasons why the mortgagor should have conduct of the sale, one of those perceived benefits was that the mortgagor could remain in possession and resist an order for possession or the enforcement of an order for possession in favour of the mortgagee. He will have to get an appellant's notice drafted---. Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. MR JUSTICE MORGAN: Just looking at your penal notice it will say paragraph 2 or 3. National Westminster Bank. 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. 54. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. 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. Is there a system to do that, sir? 12. 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. On 26 February Jordan hosted a meeting at Aqaba between Israel and the Palestinian National Authority (PNA). MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. [4] 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. John Trenberth v. National Westminster Bank [1979, Eng. The definition continues but it is not necessary for me to read it out. 65. 02/23. The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 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. Previously, Hunter was Read More Contact Hunter Menton's Phone Number and Email Last Update 11/13/2022 7:20 PM Email h***@natwest.com MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. 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. 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. It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. Joe Bumpus. 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 . (2) There shall be entered in the register. Confirmation statement filters Accounts Capital Charges Confirmation statements . It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. Ch., Walton J. MR JUSTICE MORGAN: I am making an order that you do not go on that land. Let me see what Mr Hunter says about those two matters and his application for permission. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. That of course does not take from him his equity of redemption. I have referred to that letter on the question of funding because the question of funding was raised in the communications between the parties prior to the auction in this case. 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. London Stock Exchange uses cookies to improve its website. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. At any rate, I proceed on that basis for today's purposes. MISS WINDSOR: Although that does not have to be included in the bundle. It is fair to say that the impression given by the two chronologies is somewhat different. ", 26. ", 25. I don't know, sir, but you tell me. It is clear that it is in Mr Hunter's interest to decline to cooperate and to make life difficult to the bank, although it is not in Mr Hunter's interest for him to break Court orders as he, on the face of it, has done, the Court orders to which I refer including an order made by the District Judge in the County Court on 31st August 2011, which required Mr Hunter to remove his stock from the land. MISS WINDSOR: This is the first I have heard of it. In that case both the mortgagor and the mortgagee wished to see the property sold. 5. Citations: [1985] 2 WLR 588; [1985] AC 686. 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. I don't understand the system, sir. 21. 14. 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 . Southwark Crown Court. MR JUSTICE MORGAN: Yes. 49. 18. National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; Players. 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. 23. ", 28. 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. MR HUNTER: One strikes the mind, sir. The agreed price is 1.505 million. Having done that, Mr Hunter entered into two contracts of sale, one relating to a small area of land at Kirkdene for 7,500 and the other relating to the bulk of the land at a price of 922,500. 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. Shares were issued on the sending of the allotment letter, not when the shares came to be registered in the company's books. 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. Listing NGR: SE2637427830 Those proceedings were started in the Aylesbury County Court by a claim form dated 29th June 2010. 85. MR JUSTICE MORGAN: Right. contains alphabet). Citation. The judge adjourned the application to be relisted at the next available date after 20th July 2011.". The case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. floating charge. Rights have been acquired by Mr Taylor's company, Mr Taylo's compoany is on the face of it entitled to pursue those rights. 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. 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. [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 . MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. A debenture which provided that a charge over book debts was a specific (i.e. 78. 24. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. 10. They are in force. However, at the hearing Mr Hunter has referred to a subsequent letter dated 29th July 2011 from UK Farm Finance Limited to K Hunter and Sons Limited. MISS WINDSOR: It may be that my instructing solicitors will apply for the transcript, but they cannot apply to the Court of Appeal for an expedited hearing until such time as the appeal is underway. MR JUSTICE MORGAN: You are not being given the opportunity to move the cattle, as I understand it. 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. Those are the principal matters of fact which are material to the application to which I next refer. 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 90. Courts, sentencing and tribunals; 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. 93. Main Road. The Court of Appeal was in no doubt that in a case where everyone agreed the property should be sold that it was not appropriate to use the jurisdiction of section 91(2) to override the mortgagee's exercise of its power of sale. My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. 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. England and Wales High Court (Chancery Division), National Westminster Bank Plc v Hunter & Anor. 68. 62. I will start the comparison by looking at the position of K Hunter and Sons Limited. It is not a case where the contract which is first in time is valid and the contract which is second in time lacks legal effect. 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 Under these contracts Mr Hunter is the seller and K Hunter and Sons Limited, the company controlled by Mrs Hunter, is the buyer. 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. Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. Let me invite Mr Hunter to deal with that. I think in our earlier discussion of paragraph 5 I suggested that you put in, insofar as it is necessary, pursuant to section 13 just so that it ties in with paragraph 4. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. 22. MISS WINDSOR: No, because the consequence of that is [inaudible]. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. Mr Hunter told me that the amount of money to be borrowed from UK Farm Finance Limited was not less than 1.55 million. The letter is in these terms: "Further to our telephone conversation with your solicitor, we write in confirmation that prior to the auction relating to the properties at Manor Farm on 14th July 2011 we had made a formal offer of finance to you to enable you to purchase Manor Farm, comprising the three residential units and the farm land, for a purchase price of 1,550,000. There is a second application before the Court----. MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. It was acquired by the Royal Bank of Scotland in 2000. 1. Right, any other point on the draft order? 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. "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. Hunter v Canary Wharf; Hussey v Palmer; Hydeshire Ltd's Application, Re; Hypo-Mortgage Services v Robinson (I) IAM Group plc v Chowdrey; . You have done this with full knowledge that I am still in possession of Manor Farm, Pitchcott. My submission would be that even if there is there is no reason why the Court should not injunct the First Defendant from using it. MR HUNTER: Do you have the power to ban me from public footpaths? 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. 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. 142.75. Branches were almost immediately opened at Brighton, Canterbury, Croydon, Lewes, Maidstone, Sevenoaks, Tonbridge, Tunbridge Wells and Woolwich. Sat 11 Feb 23. FCA-v-Natwest-Sentencing-remarks-131221.pdf 405.95 kb. You are not free to disregard them just because you want to tell the Court of Appeal that they were wrong. He was ordered by the Aylesbury County Court to remove the cattle by a date in the past. That refers to a contract. 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.". Clause 3 of the charge is headed "Restrictions on charging, leasing, disposing and parting with possession". The purchase price under the auction contract was 1,505,000. They are currently members of the Amateur Football Combination . In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. MISS WINDSOR: Subject to handwritten amendments, yes. 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. 25% off till end of Feb! That statement fits very badly with the correspondence on 14th July 2011. I do not know if I have power to stop you attaching a penal notice, but whether I am right or wrong about that, this is an order the Court makes, it is a mandatory order, which is slightly different from a negative order, but penal notices can attach to a mandatory order. I sincerely hope that Mr Hunter will see just how foolish he has been in the conduct on which he has embarked. You will also now be aware of the two papers served at Aylesbury County Court on Monday, 11th July 2011 by Mr Oldham and Mr Malt, who intend to establish their proprietal rights over Manor Farm, Pitchcott. Mr Hunter replied by an e-mail received at 14.07 on that day. 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." MR JUSTICE MORGAN: You cannot fail to understand that. 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. Jul 2021. 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. MR JUSTICE MORGAN: I am not sure, what have I precisely said about that? 3. National Westminster Bank Football Club is a football club based in Beckenham, England. The Second Defendant is his wife, Mrs Karen Hunter. This case. 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. [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. Dealing with the question of the Court's jurisdiction, Miss Windsor of counsel, who appears on behalf of the bank, initially took the point that the court did not have jurisdiction under this sub-section because by reason of the auction contract or by reason of that and other matters Mr Hunter could not satisfy the Court that he was a person interested in the right of redemption. Decision date: 6 May 2021. 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. National Westminster Bank v Somer [2002] QB 1286 5. 10 (National Westminster. 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. Get 1 point on adding a valid citation to this judgment. 17. 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. Should they be successful in Court, which is likely to take six months or more, their tenancies on Manor Farm, Pitchcott will inevitably devalue the properties by up to 50 per cent. The position under the auction contract is radically different. That would have left a balance of 2.5 million, which I am told in the course of argument has risen further by reason of fees and charges being added to the principal debt. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. 36. MISS WINDSOR: [inaudible] the first sentence application for permission to appeal----. In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. 82. Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc.
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