By Stuart Littlewood. It does not seem to me to be necessary to adjourn this hearing to hear from Mr Taylor's company. The next matter to which I need to refer is the fact that the contracts made on 23rd February 2011 have been amended in a way to which I will refer. 81. Mr Hunter has put before me a written argument prepared for him by solicitors whom he has consulted which puts forward the rival point of view. 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. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. 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. 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. I am not going to start going into a point of that kind at this stage when you have not mentioned it before. 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. It has not been served with notice of this application and has not had an opportunity to put forward its position. The bank replied in these terms: "In my letters to you earlier this week I made it clear to you that as a condition of any proposals being accepted and for me to be able to ask the Receivers to withdraw the property from the auction the bank would require your solicitor (1) to pay a non-refundable deposit of 10 per cent of any agreed settlement figure prior to auction and (2) to provide proof of funding. It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. A hearing took place on 13th July 2011 at Aylesbury County Court to require the cattle to be removed. If I'm going to be banned from my property how do I move the cattle? 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. That of course does not take from him his equity of redemption. For all those reasons I reach the conclusion that this application under section 91(2) must be dismissed. They're there, they're on the map, sir. 49. 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. Facts. 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. London Stock Exchange uses cookies to improve its website. He will have to get an appellant's notice drafted---. Orr. Morgan J [2011] EWHC 3170 (Ch) Bailii Law of Property Act 1925 91 England and Wales Updated: 28 June 2021; Ref: scu.449869 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. I do not accept that submission. 58. 12. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. If the buyer had sought specific performance the buyer would be entitled to take title subject to the charges, but would have a claim in damages against Mr Hunter. GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. 60. 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. 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. It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. The Receivers submit that they did the right thing by putting the property up for auction and getting the best bid at auction. 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. Not only do we facilitate the sharing of data but we also utilise our investigative . Get 1 point on adding a valid citation to this judgment. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. We pride ourselves on our independence, and our human touch. I am also asked to make orders providing for service in connection with possible committal applications. Sentencing Remarks of Mrs Justice Cockerill. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. MR JUSTICE MORGAN: The second application is brought by the bank. Download Citation | Nestl v National Westminster Bank Plc [1993] 1 WLR 1260, Court of Appeal | Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. Players. 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. Prima facie, if the same person enters into two contracts for the sale of the same piece of land both contracts are binding in the law of contract, although there is a plain inconsistency between them and the Court may have to determine what remedies to give to which purchaser and in what circumstances. 6. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. 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. 40. 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. As a not-for-profit member organisation, the aim of National Hunter is to work together to prevent fraud for our members and at the same time to protect victims of fraud. National Westminster Bank, byname NatWest, former British bank holding company with branches and subbranches in the United Kingdom and operations across the world. 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 . By Clause 4.3 the bank is given the power to appoint a Receiver. 330. However, the comparison ceases to be favourable to Mr Hunter from that point. However, pursuant to the draft order which is before the Court I am invited to order and I will order a number of restrictions of Mr Hunter's future conduct. Clause 3 of the charge is headed "Restrictions on charging, leasing, disposing and parting with possession". 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 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. I was referred to a further authority on the operation of the sub-section, namely Cheltenham and Gloucester Plc v. Krausz [1997] 1 WLR 1558. 45. This case concerns agricultural land and buildings at Manor Farm, Pitchcott, Aylesbury and at Kirkdene, Pitchcott, Aylesbury. 74. 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. 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. Included for group value. MISS WINDSOR: No, because the consequence of that is [inaudible]. 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. The defendant bought a house on mortgage with her husband. MR JUSTICE MORGAN: I am making an order that you do not go on that land. I can see in detail what the parties said to each other because they said it in writing in documents sent by e-mail which have been produced in evidence. 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 last outstanding life interest under the trust was that of her father John, who died in 1986. IBAN Mandatory Although, IBAN can be used for domestic payments in the UK, currently, it is not mandatory. 10. MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. The husband asked the claimant bank to refinance the loan. I say that because this case does not turn upon which contract is first in time. 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. The Court cannot undo that contract. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. 72. If there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. Making that contract, as I say, does not take from him his equity of redemption. 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. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. - but doesn't want them to do that. "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. National Westminster Bank Plc - Ventures. Taxpayer stake in Natwest reduced again as government sells shares. 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. 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. 38. 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. We have discussed paragraph 3. 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. 36. 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. change. Decision date: 6 May 2021. The trust fund was then worth about andpound;50,000. today. 79. Then there is the question of funding. 39. Mr Hunter had no proposals of a positive or constructive kind to put forward. Those proceedings were heard in the County Court on 10th August 2010. 42. 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 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 position under the auction contract is radically different. 52. The funds were available for draw down as at 14th July 2011.". The 14th July was a significant date because it was the date fixed for an auction of the charged property. Now, they are your cattle but you have put them on land that does not belong to you, at least it is not in your possession more accurately. 91. Thereafter she was absolutely entitled to the . New Wave Capital Ltd. Newable Business Finance Ltd. Newable Limited. Since the making of the order for possession a number of things have happened, not all of which I need recite. MR JUSTICE MORGAN: Right. 2 storeys and attic. Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. In that case both the mortgagor and the mortgagee wished to see the property sold. 1. There have been further communications between Mr Hunter and the bank in the period from February 2011 to July 2011. MR JUSTICE MORGAN: All right. 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. This case. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. 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. Contains public sector information licensed under the Open Government Licence v3.0. 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. MR JUSTICE MORGAN: Mr Hunter pays the costs for the two applications on the standard basis to be subject to a detailed assessment? 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. [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 . So that is as much as I think I can indicate on that. In the course of submissions today I asked Mr Hunter what his practical proposals might be to bring to an end the state of affairs whereby the bank was being prevented from having possession, as the Court has held it is entitled to do, by reason of his conduct. I will start the comparison by looking at the position of K Hunter and Sons Limited. MR JUSTICE MORGAN: There is something before that, is there? Get 1 point on providing a valid sentiment to this 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. 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. That correspondence referred to the topic of potential funding for the intended purchase of the farm. MR JUSTICE MORGAN: Right. 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. 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. 142.75. MR JUSTICE MORGAN: Right. 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. 48. contains alphabet). 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. We confirm that the funds would be available to you pursuant to the loan facility offered to have enabled you to complete an agreement for the purchase of the property upon completion of the necessary conveyancing formalities. MR JUSTICE MORGAN: And they will take effect whether you issue an appellant's notice or do not issue an appellant's notice. I appreciate your difficulty that you are in person, you have to get legal advice. First of all, under the auction contract the Receivers were entitled to receive and have received a 10 per cent deposit. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. It is fair to say that the impression given by the two chronologies is somewhat different. 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. 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". I will consider the effect of these contracts without regard to the impact of section 91(2) and the I will consider the possible impact of the statutory provision. Whether that came before the other contracts of 14th July or after it in my judgment makes no difference. 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. 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. Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. 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. MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. 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. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. The court set down the principles to be applied in abuse of process cases, where a . I assume any potential bidders are aware of the above information as they should be. MR JUSTICE MORGAN: Some of these orders are going to take effect immediately, some are going to take effect tomorrow. 13. I note that your letter is silent on these points. MISS WINDSOR: Although that does not have to be included in the bundle. PPI complaints represent 59% of the . There is a second application before the Court----. 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. That certainly means that Mr Hunter is not able to convey title to the charged property to a third party. In particular, part of Kirkdene has been sold. They are in essentially the same terms, save that they relate to different parcels of land. MR JUSTICE MORGAN: And that is to be without prejudice to any powers you would have to recover costs----. NATIONAL WESTMINSTER BANK PLC. 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. National Westminster Bank. In National Bank of Greece, Lord Hailsham applied a multi-factorial test in determining source of interest. The time has come for this state of affairs to be brought to an end by direct intervention by the bank assisted by the Court's order and so I will make the order which I am asked to make. With a mandatory order you have to put in a time and date, but I am going to do that. 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. Bank) G. V. II. 66. He was ordered by the Aylesbury County Court to remove the cattle by a date in the past. 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. 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. This decision, together with an academic article written by Roy Goode, [1] is sometimes looked upon as the turning point in relation to the stricter requirements in relation to . MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. I shall be asking the Court to make a direction under CPR 52.4 to be the period be seven days in this case. 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. There are well known authorities including Property & Bloodstock Limited v Emerton [1968] Ch.94, which say that when a mortgagee contracts to sell the mortgaged property the equity of redemption is suspended between the making of the contract and completion and is finally extinguished upon completion of that contract. * Enter a valid Journal (must I will refer to the contract in relation to the bulk of the land. 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 . 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 GRAHAM STAPLES, secretary, 10 May 1994 - 1 May 1994. Paragraph 2 says you are not to go there. MISS WINDSOR: Subject to handwritten amendments, yes. 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. ", 26. National Westminster Bank Football Club is a football club based in Beckenham, England. 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.
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