So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. 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. MR HUNTER: But can I? Citation. On the other hand, he is in person. MR JUSTICE MORGAN: You cannot fail to understand that. 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. But if you cannot come to terms then you will be irrelevant and all these things will be done no matter what you think. The funds were available for draw down as at 14th July 2011.". 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. 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. 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. Is there a system to do that, sir? Decision date: 6 May 2021. 52. 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. 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. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. 43. 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." 42. 54. The bank, National Westminster Bank Plc, is involved with the land and buildings to which I have referred pursuant to two legal charges, one dated 6th July 2006 and the second dated 12th April 2007. I will hear the parties on any detailed points arising in relation to the order, but in principle it seems to me it is an appropriate order for the Court to make. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). National Westminster Bank (A/K/A NatWest Bank) is a fully-owned subsidiary of the Royal Bank of Scotland Group, which in March 2000, completed the acquisition of NatWest Bank. It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. 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. The last statement in the letter from UK Farm Finance Limited was, I repeat, that funds were available for draw down as at 14th July 2011. That certainly means that Mr Hunter is not able to convey title to the charged property to a third party. 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. 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. There is an effective contract by Mr Hunter to sell to Mr Taylor's company. 56. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). Section 14(1) defines "goods" to include all chattels personal other than things in action and money. In particular, part of Kirkdene has been sold. Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? 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. MISS WINDSOR: No, because the consequence of that is [inaudible]. National Westminster v Morgan [1985] AC 686 - Case Summary That causes me to be a little circumspect about the reliability of the general statements made, not supported by documents which really ought to exist, in the letter of 29th July 2011. England and Wales. 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. NB v. London Borough of Haringey, [2011] EWHC 3544 (Fam); [2012] 2 FLR 125; [2012] Fam. Shares were issued on the sending of the allotment letter, not when the shares came to be registered in the company's books. 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. National Hunter 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. 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. Steiner v National Westminster Bank plc brings clarity to- Publications 16. 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. National Westminster Home Loans Ltd. Nationwide Building Society. The Receivers have actually got the maps, sir. 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. Joe Bumpus. GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. Making that contract, as I say, does not take from him his equity of redemption. 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. The contact provides for a 10 per cent deposit, 150,500. By Stuart Littlewood. The future of this land has had to be addressed. National Westminster Bank, Brighouse, Calderdale - British Listed Buildings National Westminster Bank v Morgan - 1985 - LawTeacher.net 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. John Trenberth v. National Westminster Bank - Ininet.org You will just have to be patient a little longer. That decision of the Court of Appeal was followed at first instance in Polonski v. Lloyds Bank Mortgages Limited (1997) 31 Housing Law Reports, 721. Main Road. Lord Keith of Kinkel, Lord Griffiths, Lord Oliver of Aylemton, Lord Jauncey of Tullichettle. The plaintiff was the remainder beneficiary under the will trust of her grandfather, who died in 1922. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. So under these contracts Mr Hunter on the face of it was contracting to sell land which was subject to a charge charging a liability to pay a sum of money well in excess of 2.5 million for a purchase price of 930,000. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. It is also relevant to refer to a limited company which is called K Hunter and Sons Limited. The judge adjourned the application to be relisted at the next available date after 20th July 2011.". 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. 91. I do not have any evidence to judge what the measure of damages might be, but that would be the legal consequence. ", 27. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. Facts [ edit] A testator died in 1922 and named his widow, two sons and wives and one grandchild as the beneficiaries. 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. Jul 2021. 81. National Westminster Bank Public Limited Company Miss Windsor, is there a point about public footpaths that needs to be considered? Phillips LJ, as he then was, said at page 1567: "I recognise the principles of the inherent jurisdiction of the Court" -- I omit certain words -- "but I question whether that principle can justify the Court in exercising its power to order a sale of mortgaged property under section 91 in circumstances where the mortgagee is seeking to enter into possession in order to sell property in which there is negative equity and where the sole object with which the mortgagor seeks that order is to prevent the mortgagee exercising his right to possession so that the mortgagor can negotiate his own sale while in possession. 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. The letter does refer to "a formal offer of finance" which suggests that something in written form and in more detail did exist by 29th July 2011. It is fair to say that the impression given by the two chronologies is somewhat different. 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. NATIONAL WESTMINSTER BANK PLC NWBD Company page - Search stock, chart, recent trades, company information, trading information, company news, fundamentals. MR HUNTER: Sir, I'll be taking legal advice, sir. I am very far from satisfied on the material before me today that K Hunter and Sons Limited has tied up satisfactorily the question of funding a purchase at a price of 1.55 million. National Westminster Bank Building - Tripadvisor PDF Alastair Hudson Professor of Equity & Law The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. We need to discuss the detail of the Court order, we need to discuss costs and we need to discuss Mr Hunter's application, which I apprehend he may wish to make, to have permission to appeal. 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. 20. 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. 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. 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. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. MR JUSTICE MORGAN: There is a Court of Appeal. At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. Do you have anything to say about costs? By Clause 3.1.3 in particular Mr Hunter agreed that he would not without the bank's prior written consent dispose of the charged property. MR HUNTER: I think both, sir. MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. 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. 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. Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. MR JUSTICE MORGAN: I am not sure, what have I precisely said about that? 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. Hunter Menton - Senior V.. - National Westminster Bank | ZoomInfo Mr Hunter, I am asked to make an order in detailed terms. MR JUSTICE MORGAN: Do you want to have access to move them on a particular time? Newbury Building Society. Dressed stone, slate roof. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. 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. 66. Rights have been acquired by Mr Taylor's company, Mr Taylo's compoany is on the face of it entitled to pursue those rights. 67. 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. ", 29. 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 . 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. floating charge. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? You are not free to disregard them just because you want to tell the Court of Appeal that they were wrong. 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. 64. Bank. 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. 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. 68. 4. They are in force. There is no evidence before me that that consent was obtained or given. I appreciate your difficulty that you are in person, you have to get legal advice. 24. 69. 35. 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. 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.". 88. What do you say I should do? The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. MR JUSTICE MORGAN: And they will take effect whether you issue an appellant's notice or do not issue an appellant's notice. I don't know, sir, but you tell me. Until the Court of Appeal grapple with your case these orders will bind you. 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. What strikes one from reading section 91(2) of the Law of Property Act 1925 is that it gives the Court in appropriate circumstances a power to order the sale of property.
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