Is it said to be wrong in law or is it said to be unfair or is it said to be wrong in fact? With a mandatory order you have to put in a time and date, but I am going to do that. 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. Enhance your digital presence and reach by creating a Casemine profile. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. He is the freeholder of the land, the land is subject to a mortgage and that mortgage on the face of it can be redeemed on payment of the full sum outstanding to the bank. 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 . 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. National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd [1972] AC 785 is a decision of the House of Lords in relation to a banker's right to combine accounts under English law. 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. 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. 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. 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 (2004) Summary. 40. That is what he has to do to get the appeal up and running, is it? 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. 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. The agreed completion date is expressed to be five business days after a certain condition has been satisfied. 32. 44. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. By Clause 4.3 the bank is given the power to appoint a Receiver. He will have to get an appellant's notice drafted---. MR JUSTICE MORGAN: And that is to be without prejudice to any powers you would have to recover costs----. 60. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. NatWest Group HR. MR JUSTICE MORGAN: I am not sure, what have I precisely said about that? There are one or two matters of suggested legal principle which are identified in a skeleton argument which has been prepared by or on behalf of Mr Hunter. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 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 Hunter conversely contends that the Receivers did the wrong thing by putting the property up for auction when he had made offers of the kind I have described to buy the property. The contracts of 23rd February 2011 separately relating to land at Manor Farm and land at Kirkdene have had the dates of the contracts on the cover sheet and within the body of the contract changed from 23rd February 2011 to 14th July 2011. 70. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. 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. 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. 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. The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. Included for group value. The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. 35. 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. I have been shown a number of authorities on the operation of section 91(2). MR HUNTER: One strikes the mind, sir. There is one other matter relating to the contract to which I ought to refer. 69. 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. 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. 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. MR JUSTICE MORGAN: Mr Hunter pays the costs for the two applications on the standard basis to be subject to a detailed assessment? Paragraphs 4 and 5 they are to sell the stock. 93. In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. I am also asked to make orders providing for service in connection with possible committal applications. 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. 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. Contains public sector information licensed under the Open Government Licence v3.0. You have done this with full knowledge that I am still in possession of Manor Farm, Pitchcott. 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. That's correct? Before confirming, please ensure that you have thoroughly read and verified the judgment. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. As the charges are in the same terms it will suffice if I refer to one of them and I will refer to the charge of 6th July 2006. I will take legal advice on it, sir. Section 91(2) is in these terms: "In any action, whether for foreclosure or for redemption or for sale or for the raising and payment in any manner of mortgage money, the Court on the request of the mortgagee or of any person interested either in the mortgage money or in the right of redemption and notwithstanding that (a) any other person dissents or (b) the mortgagee or any person so interested does not appear in the action and without allowing any time for redemption or for payment of any mortgage money, may direct a sale of a mortgaged property on such terms as it thinks fit, including the deposit in court of a reasonable sum fixed by the Court to meet the expenses of sale and to secure performance of the terms.". By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. MR JUSTICE MORGAN: Yes. Listing NGR: SE2637427830 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. 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. 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. Branches were almost immediately opened at Brighton, Canterbury, Croydon, Lewes, Maidstone, Sevenoaks, Tonbridge, Tunbridge Wells and Woolwich. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. 42. But if you cannot come to terms then you will be irrelevant and all these things will be done no matter what you think. In H2 2021, complaints made to the Bank were down ~22% compared to H1 2021. 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. NATIONAL WESTMINSTER BANK PLC NWBD Company page - Search stock, chart, recent trades, company information, trading information, company news, fundamentals. 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 The sale memorandum records that the seller is Mr Hunter acting by his Receivers. 47. Newcote Services Limited. change. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). 81. 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. As a not-for-profit member organisation, the aim of National Hunter is to work together to prevent fraud for our members and at the same time to protect victims of fraud. For every 1,000 home finance loans that we had outstanding, we received five complaints. Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . Miss Windsor, is there a point about public footpaths that needs to be considered? 67. fixed) charge and required the company to pay the proceeds of the debts when received into the company's account with the bank and not otherwise to deal with the debts created a fixed charge over the book debts in accordance with the decision in Siebe . MR JUSTICE MORGAN: I thought we had got into 2011, but tell me the rule again, 52.4? 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. MISS WINDSOR: No, because the consequence of that is [inaudible]. If you are to get any modification of these orders you will have to in your own interests act extremely quickly. However, the comparison ceases to be favourable to Mr Hunter from that point. 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 HUNTER: The section 91 and the second application, sir. The definition continues but it is not necessary for me to read it out. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. 77. 4. 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. 10 (National Westminster. Venue: HALL PLACE #4. MR JUSTICE MORGAN: There is something before that, is there? Bays 2, 3 and 4. are set within octagonal colonnettes surmounted by lantern domed finials, Bank. 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. It does not seem to me to be necessary to adjourn this hearing to hear from Mr Taylor's company. National Westminster Bank. 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. 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. The Court of Appeal decision in National Westminster Bank Plc. National Westminster Bank. 61. First of all, to bring the present unsatisfactory state of affairs to end I will make an specific order backed with a penal notice that Mr Hunter and anyone acting on his behalf must not enter upon any part of the property or move or bring any cattle or any livestock or other chattels onto the property. What is unusual about the present case is that there is no dispute but that this property must be sold. Right, any other point on the draft order? 57. There is no application before the Court today to have the appointment set aside or to have the Receivers removed. 37. The position under the auction contract is radically different. I remain open to further negotiations. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. 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. MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. In that wa, Mr Hunter decided in February 2011 that he would sell the land which remained subject to the charges to the company K Hunter and Sons Limited to which I have referred. Sorry, I don't understand what you're asking for. It may be that the auction contract was an involuntary contract on his part. ]: needed to repair building but couldn't do so without trespassing on property (needed to use it as a staging area, bring materials across, etc.) I can see in detail what the parties said to each other because they said it in writing in documents sent by e-mail which have been produced in evidence. 52. So that is as much as I think I can indicate on that. 23. What do you say I should do? 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. 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. It was acquired by the Royal Bank of Scotland in 2000. 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. 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. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. Citations: [1985] 2 WLR 588; [1985] AC 686. MR JUSTICE MORGAN: Which bit of it do you want to appeal? National Westminster Bank Plc v Hunter & Anor | [2011] EWHC 3170 (Ch) | England and Wales High Court (Chancery Division) | Judgment | Law | CaseMine Browse cases England and Wales High Court (Chancery Division) 2011 November National Westminster Bank Plc v Hunter & Anor The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. 30. In that case both the mortgagor and the mortgagee wished to see the property sold. He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. 50. The beneficiaries named were the widow, children and remoter issue of the settlor. National Westminster Home Loans Ltd. Nationwide Building Society. We use necessary cookies to make our site work. 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. MR JUSTICE MORGAN: I am not here to answer questions. National Westminster Bank, byname NatWest, former British bank holding company with branches and subbranches in the United Kingdom and operations across the world. The last letter to which I need refer on 14th July 2011 came by way of reply from Mr Hunter where he said this: "I am most disappointed that you have refused my offer of 1.550 million, which clearly exceeds the valuation by Savills sanctioned by Allsops on 29th June of this year and also exceeds by some way the guide price they had put on it at auction. MR JUSTICE MORGAN: Just looking at your penal notice it will say paragraph 2 or 3. Get 1 point on adding a valid citation to this judgment. Is that a point to ask? Raheem Bucknor. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. In the suit brought by the beneficiaries it was held by the chancery division that once the trust account was opened, the . It is fair to say that the impression given by the two chronologies is somewhat different. Thereafter she was absolutely entitled to the . It would necessarily follow that if that order were to be made that Mr Hunter would be able to make title free from the charge to K Hunter and Sons Limited, so the intervention of the Court would free Mr Hunter from the legal difficulty he is otherwise under. 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 Hunter has raised a number of questions today in argument as to the way in which the bank or the Receivers went about the sale of part of Kirkdene. It is possible this bank is of similar date and by the same architect.
Staff Aston Villa,
Cameron County, Pa Police Reports,
Lincoln County Nc Car Accident Yesterday,
Daymer Bay Parking Charges,
Negative Test Cases For Search Functionality,
Articles N
national westminster bank v hunter
