MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. MISS WINDSOR: The relevant provisions are CPR 52.4, page 1541 of the White Book. 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. Making that contract, as I say, does not take from him his equity of redemption. 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. What do you say I should do? Mr Hunter was represented by counsel; Mrs Hunter was not represented by a legal representative. Because, of course, first of all the application would be considered on paper and then Mr Hunter would have a possible right to renew his application orally. 13 December 2021. Should the property remain unsold following the auction and you can provide proof of funding from your new lender I shall be happy to give further consideration to your refinancing proposals. MR JUSTICE MORGAN: He is a member of the public and the public has the right. 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. MR JUSTICE MORGAN: So you want an order for today? 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. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. 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. 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. Hudson v Secretary of State for Social Services, Jones v Secretary of State for Social Services [1972] 1 All ER 145, [1972] AC 944, [1972] 2 WLR 210, HL. NatWest Group - Mortgages. 51. 53. I have been shown a number of authorities on the operation of section 91(2). In National Bank of Greece, Lord Hailsham applied a multi-factorial test in determining source of interest. MR JUSTICE MORGAN: There is a Court of Appeal. I assume any potential bidders are aware of the above information as they should be. 02/23. Privatbank 2. It may be that the auction contract was an involuntary contract on his part. 87. Contains public sector information licensed under the Open Government Licence v3.0. MR JUSTICE MORGAN: Shall I hear what he says about that first? 45. I have been told you have gone to a solicitor in the past----, MR JUSTICE MORGAN: ----you do not have to tell me, but are you intending to go back to the same person----. 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. The future of this land has had to be addressed. 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. 5. I do not have any evidence to judge what the measure of damages might be, but that would be the legal consequence. 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. 16. By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. 18. Courts, sentencing and tribunals; 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 . 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. England and Wales. 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. In particular, part of Kirkdene has been sold. The seller there is again Mr Hunter. 32. 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. 1. MR HUNTER: But can I? 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. MR JUSTICE MORGAN: Right. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. 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. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. 2 storeys and attic. By Clause 5.1.4 in particular a Receiver appointed by the bank under the charge has the power to sell the charged property. Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. This time the contracts provide for the property to be sold for 1.55 million, but the debt secured by the charge over the properties is again, roughly speaking, 2.5 million to 3 million. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. Listing NGR: SE2637427830 MR JUSTICE MORGAN: All right. 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. National Westminster Bank Plc - Ventures. 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. 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. Pursuant to the negotiations with Mr Hunter on 14th July 2011, some at least of the purchase price, perhaps a substantial part of the purchase price, was to be postponed for a 12 month period. We have discussed paragraph 3. 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. MR JUSTICE MORGAN: I am not sure, what have I precisely said about that? 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. 85. 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. 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. 49. 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 It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . ]: needed to repair building but couldn't do so without trespassing on property (needed to use it as a staging area, bring materials across, etc.) This is a very impressive building indeed, the facade is really eye catching as is the dome atop the building, its a great example of Victorian architecture at its best ,The National Westminster Bank Building is . Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. MR HUNTER: Yeah, I'd like to appeal it, please, sir. It does not seem to me to be necessary to adjourn this hearing to hear from Mr Taylor's company. This is also applied in National Westminster Bank v Hunter. Paragraphs 4 and 5 they are to sell the stock. 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. The funds were available for draw down as at 14th July 2011.". Dressed stone, slate roof. 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. MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. So shall we talk about the first and start with you, Miss Windsor? 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. 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 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. 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. 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. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. 46. 34. Well, I will deal with that in a moment. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. National Westminster Bank. 0 - 3 London Legends FC. They're there, they're on the map, sir. 11. If you are to get any modification of these orders you will have to in your own interests act extremely quickly. Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. By Clause 4.3 the bank is given the power to appoint a Receiver. MISS WINDSOR: Subject to handwritten amendments, yes. The definition continues but it is not necessary for me to read it out. In June 2018, judgment was handed down dismissing Mr Broomhead (the "Claimant" )'s claim against National Westminster Bank plc (the "First Defendant") and The Royal Bank of Scotland plc (the "Second Defendant") concerning the Claimant's business banking relationship with the First Defendant. He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. 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. There is one other matter relating to the contract to which I ought to refer. The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. England and Wales. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. 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. The bank appointed Receivers in relation to all of the charged property on 14th January 2010. 77. A hearing took place on 13th July 2011 at Aylesbury County Court to require the cattle to be removed. 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. Secondly, completion under the auction contract was to be very much earlier than completion in relation to the contracts of 14th July 2011 or pursuant to the suggested position prior to the auction on that day. Bank. John Trenberth v. National Westminster Bank [1979, Eng. In that sense it was to be a 100 per cent mortgage. MR JUSTICE MORGAN: I think what I will do is I will shorten the time for you to serve an appellant's notice from 21 days to 14 days. 60. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) 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 I'm going to be banned from my property how do I move the cattle? However, at the hearing Mr Hunter has referred to a subsequent letter dated 29th July 2011 from UK Farm Finance Limited to K Hunter and Sons Limited. I would be minded to make an order that he do it straight away while he is here, otherwise he will seek to take advantage of the difficulty in tracking him down, which may take a few days. Sentencing Remarks of Mrs Justice Cockerill. MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. In the event that the property remains unsold following this afternoon's auction I would invite you to write to me again tomorrow clearly stating the quantum of the part payment you would intend making now together with proof of funding from your new lender. That statement fits very badly with the correspondence on 14th July 2011. 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. 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. 12. MR HUNTER: Sir, do I understand you correctly, sir, what you just said that I can actually appeal against what you've just said; is that correct? Under these contracts Mr Hunter is the seller and K Hunter and Sons Limited, the company controlled by Mrs Hunter, is the buyer. "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. 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. . 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. 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 do not accept that submission. The agreed completion date is expressed to be five business days after a certain condition has been satisfied. 69. 50. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. GBX. Raheem Bucknor. Paragraph 2 says you are not to go there. 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. Get 2 points on providing a valid reason for the above National Westminster Bank v Morgan [1985] AC 686: Exploitation Cases: Lloyds Bank v Bundy [1975] QB 326: Exploitation Cases: Portman Buliding Society v Dusangh [2000] 2 All ER (Comm) 221: Exploitation Cases: Boustany v Pigott [1995] 69 P & CR 298: Exploitation Cases: Hart v O'Connor [1985] AC 1000: Exploitation Cases: Alec Lobb (Garages) v . today. National Westminster Bank v Somer [2002] QB 1286 5. This case. 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. 20. Nothing of that kind was put before the bank prior to the auction taking place and nothing of that kind has been put before the Court today. 330. 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. Whether that deposit was paid or not paid is not in the event material. 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. Hunter Menton Senior VP, Sales, Corporate Business Unit at National Westminster Bank Hunter Menton is a Senior VP, Sales, Corporate Business Unit at National Westminster Bank based in London, Greater London. 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. 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. 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. It is agreed that all of the land with which this case is concerned is subject to one or other of those two charges. Is that clear? National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd [1972] AC 785 is a decision of the House of Lords in relation to a banker's right to combine accounts under English law. It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. Mr Hunter had no proposals of a positive or constructive kind to put forward. That is in accordance with the normal position in charges of this kind. 21. Jurisdiction code: Breach of Contract, Disability Discrimination, Maternity and Pregnancy Rights, Sex Discrimination. It is fair to say that the impression given by the two chronologies is somewhat different. 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. 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 . 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. You are not to go there, you are not to interfere. 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. 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. That correspondence referred to the topic of potential funding for the intended purchase of the farm. 74. 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. Enhance your digital presence and reach by creating a Casemine profile. (2) There shall be entered in the register. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. 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. 4. ", 27. In H2 2021, complaints made to the Bank were down ~22% compared to H1 2021. If there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. 11.3, in the event that the contract is terminated pursuant to extra special condition 11.2, then the deposit will be returned to the buyer.". 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.". Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . There was some description of some matters in relation to the land which I have been shown as follows. The wife got the family home as a life interest and a tax free annuity. Mr Hunter replied by an e-mail received at 14.07 on that day. ( a) the names and addresses of the members; ( b) the date on which each person was registered as a member; and. 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. The contract was to be completed six months from the date of the contract. 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. MR JUSTICE MORGAN: I am not here to answer questions. 6 bay facade. 62. The Court cannot undo that contract. The Court of Appeal was in no doubt that in a case where everyone agreed the property should be sold that it was not appropriate to use the jurisdiction of section 91(2) to override the mortgagee's exercise of its power of sale. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. 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. 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. Get 1 point on providing a valid sentiment to this The bank has prepared a detailed chronology of those communications for the purposes of this hearing. 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. Is there a public footpath across the land? The contracts appear to be in essentially the same terms apart from the identity of the land and the price. 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. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. This case concerns agricultural land and buildings at Manor Farm, Pitchcott, Aylesbury and at Kirkdene, Pitchcott, Aylesbury. 47. Read the full decision in Mrs L . The 14th July was a significant date because it was the date fixed for an auction of the charged property. 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. National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Practical Law Case Page D-000-1223 (Approx. I am not satisfied of either of those. 86. 73. MISS WINDSOR: [inaudible] the first sentence application for permission to appeal----. Before confirming, please ensure that you have thoroughly read and verified the judgment. History [ edit] In 1970, the club was formed as a result of the merger between National Provincial Bank and Westminster Bank to form NatWest. As I have indicated the contracts of February 2011 were not completed. 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. 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. However, the comparison ceases to be favourable to Mr Hunter from that point. I need to deal with those matters, albeit briefly. 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. In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. The husband asked the claimant bank to refinance the loan.