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. 2. The battle was between which of the two of them should have conduct of the sale. Is it said to be wrong in law or is it said to be unfair or is it said to be wrong in fact? 1 - 3 National Westminster Bank. ", 29. In relation to the contract relating to Manor Farm, in addition to the change of date there is one further change, that is the purchase price, which had previously been 922,500, has been revised to 1,542,500. 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. So that is as much as I think I can indicate on that. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. But the land has been sold by contract to Mr Taylor's company. 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. Secondly, I will order that by a very early point, which will be 4 p.m. on Thursday, 24th November 2011, that Mr Hunter deliver to the bank and/or the Receivers all existing cattle passports and all other relevant documentation spelt out in the draft order that relate to the cattle. GBX. MR HUNTER: But can I? National Westminster Bank Building - Tripadvisor I will take legal advice on it, sir. National Westminster Bank Plc v Hunter & Anor - Casemine 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 MR JUSTICE MORGAN: So you want an order for today? The court set down the principles to be applied in abuse of process cases, where a . The husband asked the claimant bank to refinance the loan. ", 28. MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. 91. Ordinarily the time limit for lodging appellant's notice is 21 days. 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. MISS WINDSOR appeared on behalf of the CLAIMANT. On 26 February Jordan hosted a meeting at Aqaba between Israel and the Palestinian National Authority (PNA). Until the Court of Appeal grapple with your case these orders will bind you. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. MR JUSTICE MORGAN: Yes. The defendant bought a house on mortgage with her husband. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. MISS WINDSOR: [inaudible] the first sentence application for permission to appeal----. 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. Following Palk v Mortgages Services Funding, the court will not grant an order for possession for PB if Jakob is seeking sale of the property. MISS WINDSOR: This is the first I have heard of it. In those circumstances, the cattle being on the land in the possession of the bank under the control of the Receivers it seems to me that at that point in time, if not earlier -- and I decide nothing about the earlier period -- that the cattle will be under the control of the bank which seeks this order. You are also aware that there is waste contaminated by asbestos that has to be removed by 2nd August 2011, which is a condition set by the enforcement notice served by Aylesbury Vale District Council. ]: 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 am not going to start going into a point of that kind at this stage when you have not mentioned it before. Delayed London Stock Exchange - 11:35:00 2023-02-27 am EST. 81. 55. England and Wales. That of course does not take from him his equity of redemption. MISS WINDSOR: No, because the consequence of that is [inaudible]. I would be minded to make an order that he do it straight away while he is here, otherwise he will seek to take advantage of the difficulty in tracking him down, which may take a few days. Perhaps more relevantly, there was no evidence to support the suggested funding made available in the course of 14th July 2011 even though the bank asked for such evidence in express terms. NATIONAL WESTMINSTER BANK PLC NWBD Company page - Search stock, chart, recent trades, company information, trading information, company news, fundamentals. The seller there is again Mr Hunter. 73. The contracts provided for the buyer to take the land free from the bank's charge. Do you have anything to say about costs? 21. Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . 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 . 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. 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. They're there, they're on the map, sir. 13 December 2021. 76. 53. There is no application before me today for any relief in relation to what happened in relation to Kirkdene and it is not necessary for me to go into that matter any further or say anything about it. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. Is that clear? National Westminster Bank, Central, Liverpool - British Listed Buildings The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. Citing: Applied - Henderson v Henderson 20-Jul-1843. The e-mail was in these terms: "Further to our recent correspondence, I am writing to you again to make an increased offer of 1.550 million to be paid in 12 months' time. 1. 60. So I do not think there is any inconsistency in the order. The bank brought possession proceedings against Mr and Mrs Hunter. 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. It may be convenient at this point before considering the application of section 91(2) to that state of affairs to investigate a matter which has been very much in dispute in the course of argument. 48. 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. National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. The contracts of 23rd February 2011 have not been completed. 47. There was some description of some matters in relation to the land which I have been shown as follows. The 14th July was a significant date because it was the date fixed for an auction of the charged property. Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) The Court of Appeal decision in National Westminster Bank Plc. 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. In these circumstances, if it is a relevant question to ask whether the Receivers did the right thing when they took the property to auction and sold it at auction, as compared with cancelling the auction and continuing to talk to Mr Hunter, my conclusion is that they plainly and unarguably took the better course. 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. Ch., Walton J. I have been shown a number of authorities on the operation of section 91(2). MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. There is a second application before the Court----. Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? The position is that the contract which has come into existence following the auction is between Mr Hunter as seller, acting through the Receivers, and Mr Taylor's company, but when it comes to the transfer of title pursuant to that contact title will not be transfered by a transfer executed by Mr Hunter as transferor, it will instead be transfered pursuant to a transfer executed by the bank as chargee. 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. 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. 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. Bays 2, 3 and 4. are set within octagonal colonnettes surmounted by lantern domed finials, National Westminster Bank v Barclays Bank International Ltd 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. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). Miss Windsor, is there a point about public footpaths that needs to be considered? ", 26. (2) There shall be entered in the register. MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. MR JUSTICE MORGAN: You cannot fail to understand that. 14. 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 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. 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. NATIONAL WESTMINSTER BANK PLC - London Stock Exchange MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. Just before we deal with that, I am asked to order costs against you in relation to both applications. 10. Those changes are initialled; the initials appears to be those of Mr Hunter and his wife, the latter acting on behalf of K Hunter and Sons Limited. "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. change. Privatbank 2. 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. That was made on 23rd February 2011. I will refer to the contract in relation to the bulk of the land. This case. Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. 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. They are in force. The bank appointed Receivers in relation to all of the charged property on 14th January 2010. Ctrl + Alt + T to open/close . 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 JUSTICE MORGAN: Right. He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. 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. 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. The beneficiaries named were the widow, children and remoter issue of the settlor. Ashe v National Westminster Bank - LawTeacher.net 75. 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.". Coordinates Latitude: 53.4064 / 5324'23"N Longitude: -2.9913 / 259'28"W OS Eastings: 334197 OS Northings: 390410 OS Grid: SJ341904 Mapcode National: GBR 72N.YW Mapcode Global: WH877.0MVY Plus Code: 9C5VC245+HF Entry Name: National Westminster Bank Listing Date: 28 June 1952 Grade: II* Source: Historic England Source ID: 1205939 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. I have used the phrase not less than because Mr Hunter did not seem to quarrel with the suggestion I put to him that UK Farm Finance Limited would make various charges for fees and other matters in connection with the provision of finance. MR HUNTER: One strikes the mind, sir. This is a very impressive building indeed, the facade is really eye catching as is the dome atop the building, its a great example of Victorian architecture at its best ,The National Westminster Bank Building is . 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.". 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. 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. Raheem Bucknor. 92. It is agreed that all of the land with which this case is concerned is subject to one or other of those two charges. The wife got the family home as a life interest and a tax free annuity. Those are the principal matters of fact which are material to the application to which I next refer. Courts, sentencing and tribunals; 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. 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. Although Mr Hunter is not in a position to raise that money there still remains an equity of redemption in the event that he were able to raise that money. 13. 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. Thereafter she was absolutely entitled to the . 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. This is also applied in National Westminster Bank v Hunter. England and Wales High Court (Chancery Division), National Westminster Bank Plc v Hunter & Anor. Mr Hunter was represented by counsel; Mrs Hunter was not represented by a legal representative. Paragraphs 4 and 5 they are to sell the stock. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. 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. 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. 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. In that sense it was to be a 100 per cent mortgage. Facts [ edit] A testator died in 1922 and named his widow, two sons and wives and one grandchild as the beneficiaries. That is in place of 3(ii), is it? Sentencing Remarks of Mrs Justice Cockerill. Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. That is in accordance with the normal position in charges of this kind. MR HUNTER: I ask for the right to appeal, sir. 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. 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. Nestle v National Westminster Bank - Casemine Facts. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. 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. National Westminster Bank Plc v Hunter - i-law There is no application before the Court today to have the appointment set aside or to have the Receivers removed. There is no evidence before me that that consent was obtained or given. Is there a system to do that, sir? 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. Mr Hunter, under the rules you have 21 days to serve an appellant's notice. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. 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. MR JUSTICE MORGAN: I am not here to answer questions. 19. MR JUSTICE MORGAN: Just looking at your penal notice it will say paragraph 2 or 3. If I'm going to be banned from my property how do I move the cattle? 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 . Broomhead v NatWest (grounds for setting aside for fraud) National Westminster Bank. These powers given by Clause 5 are in addition to all parts conferred on the Receiver under the general law. 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. Under these contracts Mr Hunter is the seller and K Hunter and Sons Limited, the company controlled by Mrs Hunter, is the buyer. 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. 13. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. 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. By Stuart Littlewood. 142.75. Lord Keith of Kinkel, Lord Griffiths, Lord Oliver of Aylemton, Lord Jauncey of Tullichettle. 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. Mr Hunter replied by an e-mail received at 14.07 on that day. On that date at around 12.18 pm, Mr Hunter sent an e-mail to the bank. In that case both the mortgagor and the mortgagee wished to see the property sold. 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. So that is the order. 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. Ashe v National Westminster Bank plc - lawteacher.net At any rate, I proceed on that basis for today's purposes. 12. They are currently members of the Amateur Football Combination . He is not in practical terms able to redeem the charges so he is not able to convey free from the charges. Clause 8 of the contract is headed "Matters affecting the property". In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). Sat 11 Feb 23. PDF National Westminster Bank Plc 2021 Annual Results Newcote Services Limited. 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. I do not have very much detail about the state of affairs in relation to the company, but Mr Hunter has told me at the hearing today that all of the shares are owned by Mrs Karen Hunter and that he believes that she is a director of that company. 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. 5. 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. I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. 69. 51. On the other hand, he is in person. 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. I don't know, sir, but you tell me. Those proceedings were heard in the County Court on 10th August 2010. 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. 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. National Wesminster Bank PLC. National Westminster Home Loans Ltd. Nationwide Building Society. Currently, both domestic bank account numbers and IBAN are in circulation. By Clause 4.3 the bank is given the power to appoint a Receiver. MR JUSTICE MORGAN: And even if I do not give you permission to go to them you are free to go to them and tell them all about it and they will do what is appropriate. So for all those reasons I will abridge time to 14 days. 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.

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