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.". ( a) the names and addresses of the members; ( b) the date on which each person was registered as a member; and. 60. MR JUSTICE MORGAN: I am making an order that you do not go on that land. Those proceedings were heard in the County Court on 10th August 2010. 49. Law 512, [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 . Do you want to say anything about the points of details save for the general points? The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. 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. National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. change. It is an autonomous publicly-held company still trading under the NATWEST, NATIONAL WESTMINSTER and NATIONAL WESTMINSTER BANK marks but is now a fully-owned subsidiary of the Royal Bank of Scotland Group. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. National Westminster Home Loans Ltd. Nationwide Building Society. Contains public sector information licensed under the Open Government Licence v3.0. 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. GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. He referred to alternatives that might instead have been pursued. MR JUSTICE MORGAN: The second application is brought by the bank. MR JUSTICE MORGAN: ----or one of the orders should not be made, then given that it is going to take effect either immediately or tomorrow the only point in running that appeal is if you can get to the Court of Appeal fast. PDF Appendix A to the LBHI and SLP3 combined Skeleton Argument appears - PwC National Westminster Bank v Somer [2002] QB 1286 5. FREDERICK ANDERSON GOODWIN, director, 6 Mar 2000 - 21 Nov 2008. - but doesn't want them to do that. 34. 7. Let me see what Mr Hunter says about those two matters and his application for permission. The battle was between which of the two of them should have conduct of the sale. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. 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. National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Practical Law Case Page D-000-1223 (Approx. The Second Defendant is his wife, Mrs Karen Hunter. Delayed London Stock Exchange - 11:35:00 2023-02-27 am EST. PDF National Westminster Bank Plc 2021 Annual Results Interact directly with CaseMine users looking for advocates in your area of specialization. MISS WINDSOR: The relevant provisions are CPR 52.4, page 1541 of the White Book. Paragraphs 4 and 5 they are to sell the stock. I don't understand the system, sir. I will start the comparison by looking at the position of K Hunter and Sons Limited. Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. 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. Mr Hunter's second point is that section 12 of the 1977 Act in terms applies to goods "in the possession or under the control of a bailee". 2 pages) Ask a question National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Toggle Table of Contents Table of Contents. 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. MR JUSTICE MORGAN: Right. United Kingdom IBAN and BIC Format - IBAN Checker: International Bank Further, under section 12(1)(a) Mr Hunter is already in breach of an obligation to take delivery of the cattle. Found National Westminster Bank Plc v Hunter & Anor useful? Our 67,404 banking and credit card complaints stem from our 26 million accounts. 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 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. Using IBAN since United Kingdom has officially introduced the IBAN system in April 2001. So that is the order. 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. The contracts appear to be in essentially the same terms apart from the identity of the land and the price. 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 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. I note that your letter is silent on these points. 12. 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. 88. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? Is there a system to do that, sir? 62. 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. [4] That statement fits very badly with the correspondence on 14th July 2011. I am not going to start going into a point of that kind at this stage when you have not mentioned it before. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. 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. MISS WINDSOR: Although that does not have to be included in the bundle. 80. [1991] 2 AC 93, [1991] 3 All ER 41, [1991] 2 WLR 1177. Mr Hunter, under the rules you have 21 days to serve an appellant's notice. Facts. There is a second application before the Court----. 42. 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. What is unusual about the present case is that there is no dispute but that this property must be sold. On 26th August 2011 Mr Hunter applied in the Aylesbury Count Court for the following order -- I read from the application notice: "Application to permit me to complete a contract entered into in February 2011, varied on 14th July 2011, to sell Maple Barn, two barn conversions, farm buildings and 104 acres of farmland to K Hunter and Sons Limited for 1.55 million." Before confirming, please ensure that you have thoroughly read and verified the judgment. Nestle v National Westminster Bank plc [1992] EWCA Civ 12 is an English trusts law case concerning the duty of care when a trustee is making an investment. 89. Decision date: 6 May 2021. That refers to a contract. 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. By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. It is plain to me that he will continue to be uncooperative and difficult in similar ways to those which he has manifested in recent times. 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. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. Westminster Bank Ltd - NatWest Group 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. 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. "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. 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. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. The seller there is again Mr Hunter. MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. 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. MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . Nestle v National Westminster Bank: ChD 1988. They're there, they're on the map, sir. 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. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). GBX. As the months went by the bank considered what course it should take and at some point it considered it should sell the land by auction in a conventional way. Making that contract, as I say, does not take from him his equity of redemption. Ctrl + Alt + T to open/close . ", 28. WIPO Domain Name Decision: D2003-0051 In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. The last outstanding life interest under the trust was that of her father John, who died in 1986. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. 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. Ashe v National Westminster Bank plc - lawteacher.net O. Olley v Marlborough Court [1949] 1 KB 532 Omnium D'Enterprises v Sutherland [1919] 1 KB 618 Oscar Chess Ltd v Williams [1957] 1 WLR 370 . 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 funds were available for draw down as at 14th July 2011.". 90. Whether that deposit was paid or not paid is not in the event material. 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. Hunter Menton - Senior V.. - National Westminster Bank | ZoomInfo MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? National Westminster Bank PLC. 13. Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. National Westminster Bank PLC v Spectrum Plus Ltd Nestle v. National Westminster Bank plc ; Soud : Odvolac soud : Rozhodnuto : 6. kvtna 1992 : Citace [1992] EWCA Civ 12 , [1993] 1 WLR 1260 Historie ppadu ; Pedchoz akce [2000] WTLR 795; Independent, 4. ervence 1988, (1996) 10 (1) Trust law International 113, 115 The bank brought possession proceedings against Mr and Mrs Hunter. BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. 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. Mr Hunter has himself prepared a chronology which he has placed before me. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). Clause 8 of the contract is headed "Matters affecting the property". 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. Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. 74. The charge is a defined phrase which enables one to see it is a reference to the charges in favour of National Westminster Bank, to which I have referred. Is it said to be wrong in law or is it said to be unfair or is it said to be wrong in fact? 65. There was some description of some matters in relation to the land which I have been shown as follows. You are not free to disregard them just because you want to tell the Court of Appeal that they were wrong. MR JUSTICE MORGAN: Right. 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. Walking down Lord Street and turning onto Church Street in Fleetwood is the wonderful National Westminster Bank Building. The trust fund was then worth about andpound;50,000. 70. The Role of Bank as Trustee - Academike At any rate, I proceed on that basis for today's purposes. By Clause 5.1.4 in particular a Receiver appointed by the bank under the charge has the power to sell the charged property. 64. Citations: [1985] 2 WLR 588; [1985] AC 686. Is there a public footpath across the land? By Clause 4.3 the bank is given the power to appoint a Receiver. National Westminster Bank v Daniel: CA 1993 - swarb.co.uk Brief history This joint stock bank was established in Southwark in 1836 as Surrey, Kent & Sussex Banking Co. Ordinarily the time limit for lodging appellant's notice is 21 days. 87. I shall be asking the Court to make a direction under CPR 52.4 to be the period be seven days in this case. The cattle are chattels personal and are therefore goods and therefore the statutory provisions apply to the cattle. 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. I need to deal with those matters, albeit briefly. 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. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. 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. 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. MR HUNTER: But can I? 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. 56. In other words, you have to do this very rapidly indeed if you are to do anything at all. Mrs L Jones v National Westminster Bank plc: 1305030/2020 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. Apart from the change to the date there does not appear to be any other change to the contract relating to land at Kirkdene, the price there remains 7,500, the deposit remains 1. 25% off till end of Feb! National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; 13. Under the auction contract the full balance of the purchase price is payable on completion. P 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 . 82. 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. Jurisdiction code: Breach of Contract, Disability Discrimination, Maternity and Pregnancy Rights, Sex Discrimination. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! 0.00%. Mr Hunter had said in correspondence and has made it clear at the hearing today that the application which he makes is pursuant to the Court's power conferred by section 91(2) of the Law of Property Act 1925. National Westminster bank plc | NatWest Group 8. 57. No such deposit was on offer from K Hunter and Sons Limited. ", 25. 52. The defendant bought a house on mortgage with her husband. Quite apart from that being the position between the seller and the buyer, Mr Hunter by entering into that contract would appear to have been in breach of the condition in the charge that he should not dispose of the property without the consent of the bank. Players. Royal Trust Bank v National Westminster Bank plc - Wikipedia It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. 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. National Westminster Bank Ltd v Barclays Bank International Ltd [1975] 1 QB 654 (17 June 1974) is a decision of the High Court relating to the duty of care of a bank in relation to forged cheques with respect to persons other than their customer. Broomhead v NatWest (grounds for setting aside for fraud) I am also asked to make orders providing for service in connection with possible committal applications. Completion will take place following confirmation from the seller that the cattle have been removed. I have not been asked to grant a stay of any of the orders, but if I were asked I would refuse to grant a stay, which means that Mr Hunter would have to go to the Court of Appeal and seek to obtain a stay there. That is in place of 3(ii), is it? 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. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. 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. 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. Arnold v. NatWest Bank Plc. (H.L.(E.)) Adam Billey. Mr Hunter has been very well aware for a considerable period of months that the bank has wanted him to remove his cattle. I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). Illingworth v Houldsworth [1904] AC 355, HL; affg sub nom Re Yorkshire Woolcombers Association Ltd, Houldsworth v Yorkshire Woolcombers Association Ltd [1903] 2 Ch 284, CA. 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. Let me invite Mr Hunter to deal with that. MR JUSTICE MORGAN: You cannot fail to understand that. The plaintiff sought summary judgment. 5. Included for group value. National Westminster Bank plc - Branch Network. 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. In that sense it was to be a 100 per cent mortgage. This is also applied in National Westminster Bank v Hunter. I am not satisfied of either of those. National Westminster Bank v Barclays Bank International Ltd . It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. I say that because this case does not turn upon which contract is first in time. In National Bank of Greece, Lord Hailsham applied a multi-factorial test in determining source of interest. 36. 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. 76. 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. Get 1 point on adding a valid citation to this judgment. Whether that came before the other contracts of 14th July or after it in my judgment makes no difference. As I have indicated the contracts of February 2011 were not completed. 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. It is fair to say that the impression given by the two chronologies is somewhat different. London Stock Exchange uses cookies to improve its website. There is no evidence before me that that consent was obtained or given. 47. You are asking him to deliver up the passports etcetera by 4 p.m. tomorrow. On the other hand, he is in person. NatWest Group - Mortgages. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. 51. So I do not think there is any inconsistency in the order. I do not accept that submission. 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. 58. It does not seem to me to be necessary to adjourn this hearing to hear from Mr Taylor's company. 13 December 2021. 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. Now, outside court if you and the Receivers can come to a practical solution of the kind Miss Windsor has referred to nothing in the order stops that because the Receivers can give you permission to go there for a limited purpose, nothing in the order stops that. 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. Lumley v Wagner (1852) 42 ER 687, Court of Chancery September 2020 Derek Whayman Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. Newcote Services Limited. 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. The agreed completion date is expressed to be five business days after a certain condition has been satisfied. 4. I can now pick up the chronology again by referring to what happened at that auction. 92. Mr Hunter replied by an e-mail received at 14.07 on that day. What do you say I should do? 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. 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. Do you have anything to say about costs? MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. 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. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. Mr Taylor's company has acquired contractual 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. 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. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. 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.".