Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. NATIONAL WESTMINSTER BANK PLC. You are not free to disregard them just because you want to tell the Court of Appeal that they were wrong. 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. 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. National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; 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. 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. 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. FREDERICK ANDERSON GOODWIN, director, 6 Mar 2000 - 21 Nov 2008. Clause 8 of the contract is headed "Matters affecting the property". 87. Bays 2, 3 and 4. are set within octagonal colonnettes surmounted by lantern domed finials, 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. 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. MISS WINDSOR: [inaudible] the first sentence application for permission to appeal----. MR JUSTICE MORGAN: Shall I hear what he says about that first? 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. I appreciate your difficulty that you are in person, you have to get legal advice. 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. 51. The Claimant claimed damages . 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. Paragraphs 4 and 5 they are to sell the stock. 40. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. On that date at around 12.18 pm, Mr Hunter sent an e-mail to the bank. 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. Also taking into account that I am still in possession of Manor Farm, Pitchcott, proof of funding can certainly be provided for a part payment up-front with a second charge in 12 months' time and I am happy to negotiate a figure with yourself that would acceptable to the bank and to myself. 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. Is it said to be wrong in law or is it said to be unfair or is it said to be wrong in fact? Plainly, the bank's primary concern was to realise the value of its security so as to reduce the indebtedness owed to it. Jul 2021. 82. MR JUSTICE MORGAN: There is a Court of Appeal. 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. It is in your interests to get to the Court of Appeal. MR HUNTER: So what are you asking for? 75. Courts, sentencing and tribunals; MR JUSTICE MORGAN: I think in the circumstances I am minded to say the letter should be returned to you signed by 4 p.m. tomorrow. Taxpayer stake in Natwest reduced again as government sells shares. 70. 32. 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. National Wesminster Bank PLC. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. ", 27. MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? 49. 52. 54. Let me invite Mr Hunter to deal with that. National Westminster Home Loans Ltd. Nationwide Building Society. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. 74. The agreed price is 1.505 million. 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. They are in force. Is that clear? 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. I need to deal with those matters, albeit briefly. 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. That correspondence referred to the topic of potential funding for the intended purchase of the farm. 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. Those proceedings were heard in the County Court on 10th August 2010. In National Bank of Greece, Lord Hailsham applied a multi-factorial test in determining source of interest. MISS WINDSOR: Although that does not have to be included in the bundle. 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. 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." London Stock Exchange uses cookies to improve its website. This works out as three complaints per 1,000 relevant accounts. Bank. 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. Paragraph 2 says you are not to go there. National Westminster Bank Plc (1968-date), established in London, is part of NatWest Group. * Enter a valid Journal (must The bank appointed Receivers in relation to all of the charged property on 14th January 2010. There is no evidence before me that that consent was obtained or given. 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. New Wave Capital Ltd. Newable Business Finance Ltd. Newable Limited. 21. I am not going to start going into a point of that kind at this stage when you have not mentioned it before. For every 1,000 home finance loans that we had outstanding, we received five complaints. NatWest Group HR. Those are the principal matters of fact which are material to the application to which I next refer. Southwark Crown Court. MR JUSTICE MORGAN: Right. Whether that came before the other contracts of 14th July or after it in my judgment makes no difference. I can now pick up the chronology again by referring to what happened at that auction. MR JUSTICE MORGAN: Well, I think, Mr Hunter, given the cleverness of your point that you had better put in some evidence on which I can act that there is a public footpath and then apply to vary the order in relation to it and that will be considered. A debenture which provided that a charge over book debts was a specific (i.e. MR JUSTICE MORGAN: Do you want to have access to move them on a particular time? For my part I do not see any reason why I should stop you attaching a penal notice, even if I had power to do so, as to which I am far from clear. MR JUSTICE MORGAN: Now, Miss Windsor, I have refused permission to appeal, but it remains open to Mr Hunter to serve an appellant's notice. 37. But if you cannot come to terms then you will be irrelevant and all these things will be done no matter what you think. (2) There shall be entered in the register. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. 92. 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 . The Receivers have actually got the maps, sir. 13. 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. MISS WINDSOR: This is the first I have heard of it. 81. 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. What is unusual about the present case is that there is no dispute but that this property must be sold. It is pursuant to an application notice of 21st October 2011. 142.75. contains alphabet). Citing: Applied - Henderson v Henderson 20-Jul-1843. 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. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. 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. 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. I note that in earlier correspondence you stated quite categorically that you were unable to raise more than 1.31 million 'now'. 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. The consequence of that will be that the only contract that Mr Hunter is able to perform is the one in favour of Mr Taylor's company. That was made on 23rd February 2011. Under section 12(3) it is open to the bank to serve a particular notice which if it is not complied with will entitle them to sell the goods, namely the cattle. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. National Westminster Bank, byname NatWest, former British bank holding company with branches and subbranches in the United Kingdom and operations across the world. MR JUSTICE MORGAN: I am not here to answer questions. MR JUSTICE MORGAN: Right. The contracts provided for the buyer to take the land free from the bank's charge. 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 No such deposit was on offer from K Hunter and Sons Limited. 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. The immediate difficulty created by those contracts for Mr Hunter is that Mr Hunter was not then and has not since been in a position to redeem the bank's charge. 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. 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. The case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. ", 26. In case of any confusion, feel free to reach out to us.Leave your message here. So for all those reasons I will abridge time to 14 days. v. Arthur Young McClelland Moores & Co. (Practice Note) . Abuse of Process and Re-litigation. 2 storeys and attic. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. What Mr Hunter has not confronted in his application, nor indeed in the course of his submissions to me, is what the effect of that would be in relation to the contract which he has made with Mr Taylor's company. 63. The contract provides for title to pass to the purchaser pursuant to a Land Registry transfer form, in form TR2, which is to be executed by National Westminster Bank Plc as transferor pursuant to the legal charges. 69. The beneficiaries named were the widow, children and remoter issue of the settlor. There is a second application before the Court----. Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. 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. 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. 84. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). Click here to remove this judgment from your profile. SE 1422 NE (east side) 6/14 No. 48. This case. 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. Do you want to say anything about the points of details save for the general points? By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. 72. Facts [ edit] A testator died in 1922 and named his widow, two sons and wives and one grandchild as the beneficiaries. 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. Sentencing Remarks of Mrs Justice Cockerill. Our 67,404 banking and credit card complaints stem from our 26 million accounts. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. It was acquired by the Royal Bank of Scotland in 2000. By section 352 of the Act of 1985: " (1) Every company shall keep a register of its members and enter in it the particulars required by this section. The case of National Westminster Bank plc v Lucas and others Re Estate of Jimmy Savile (deceased) ([2014] EWHC 653 (Ch)) involved a dispute between the Executors and the Trustees of the charitable Will Trust. 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 JUSTICE MORGAN: Just looking at your penal notice it will say paragraph 2 or 3. By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. Found National Westminster Bank Plc v Hunter & Anor useful? ", 28. 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. 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. It is fair to say that the impression given by the two chronologies is somewhat different. 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. The Court of Appeal decision in National Westminster Bank Plc. MR JUSTICE MORGAN: He is a member of the public and the public has the right. 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. 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. Decision date: 6 May 2021. 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. 83. 50. 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. 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. MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. They are currently members of the Amateur Football Combination . The funds were available for draw down as at 14th July 2011.". 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. MR JUSTICE MORGAN: You do not want an order for costs? [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 . There is one other matter relating to the contract to which I ought to refer. 76. Whether that deposit was paid or not paid is not in the event material. 80. Lanre Akanni. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. Having set out the relevant facts, having identified the legal position under the various contracts which have come into existence, having informed myself of the way in which the jurisdiction under section 91(2) has been and should be exercised, in my judgment this does not begin to be a case in which the Court should intervene and upset the arrangements which have been brought into existence. We would also like to set optional cookies to improve our site and bring you more . The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. National Westminster Bank. In that correspondence it seemed to be common ground that K Hunter and Sons Limited or Mr Hunter were not in a position to pay the full amount of the purchase price at or around that time, indeed it would be necessary for an unspecified part of the purchase price to remain outstanding on mortgage for 12 months. Ch., Walton J. The tribunal held that the House of Lords decision in Westminster Bank Executor and Trustee Co (Channel Islands) Ltd v National Bank of Greece SA [1971] AC 945 remains the only decision that binds the lower courts on this point. 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. 10 (National Westminster. Completion will take place following confirmation from the seller that the cattle have been removed. 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. There are other provisions which may perhaps be useful in connection with a proposed sale by a Receiver but it is not necessary to refer to them in this judgment. By Stuart Littlewood. Right, any other point on the draft order? 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. 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. I don't know if you do, but I'm just asking that question, sir. 91. 39. In particular, part of Kirkdene has been sold. Just before we deal with that, I am asked to order costs against you in relation to both applications. 93. 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. It seems to me incumbent on the mortgagor to seek from the High Court any relief which that Court is empowered to give before the possession warrant takes effect.". It is therefore the case that the Court has jurisdiction notwithstanding the dissent of the bank to direct a sale of the mortgaged property. Ctrl + Alt + T to open/close . He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. 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. Adam Billey. It does not seem to me to be necessary to adjourn this hearing to hear from Mr Taylor's company. 65. 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. The defendant bought a house on mortgage with her husband. They agreed, subject to a legal charge on . MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? 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. MR JUSTICE MORGAN: Do you have it in a form that he could sign straight away? I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. Sorry, I don't understand what you're asking for. This case concerns agricultural land and buildings at Manor Farm, Pitchcott, Aylesbury and at Kirkdene, Pitchcott, Aylesbury. 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. 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. 61. 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. 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. As I will describe in due course, part of the land the subject of the charge of 12th April 2007 has more recently been sold, but the remainder of that land remains subject to that charge. 17. 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. 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 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. 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 PLC. In other words, you have to do this very rapidly indeed if you are to do anything at all. What matters more are the events of the 14th July of this year. 9. 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. 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. 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. MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. 58. Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . National Westminster Bank plc - Branch Network. 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. 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 . 23. 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. The agreed completion date is expressed to be five business days after a certain condition has been satisfied. This is also applied in National Westminster Bank v Hunter. 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 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.