. 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. 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. 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. 68. 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 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. Public Company Incorporated: 1968 Employees: 110,000 Assets: 98.64 billion (US$178.4 billion) Stock Index: London New York Tokyo National Westminster Bank (NatWest) was created in 1968 by the merger of three major banks all established in the early 19th century: the District Bank, the National . 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. 74. 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. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 43. Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. The case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. 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 "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. MR JUSTICE MORGAN: Just looking at your penal notice it will say paragraph 2 or 3. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. Venue: CLUB LANGLEY Pitch 1. 53. The resulting figure was 930,000. 3. 79. 11. 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. Those proceedings were started in the Aylesbury County Court by a claim form dated 29th June 2010. 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 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. By Stuart Littlewood. 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 Court of Appeal decision in National Westminster Bank Plc. MISS WINDSOR: It may be that my instructing solicitors will apply for the transcript, but they cannot apply to the Court of Appeal for an expedited hearing until such time as the appeal is underway. MR JUSTICE MORGAN: There is something before that, is there? Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. 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. 10. MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. 57. 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. 17. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. 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. The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. MR HUNTER: Do you have the power to ban me from public footpaths? 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. Walking down Lord Street and turning onto Church Street in Fleetwood is the wonderful National Westminster Bank Building. change. There is no application before the Court today to have the appointment set aside or to have the Receivers removed. 48. Court grants injunction, despite noting that was fairly unreasonable and . John Trenberth v. National Westminster Bank [1979, Eng. MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. 13. MR JUSTICE MORGAN: Mr Hunter pays the costs for the two applications on the standard basis to be subject to a detailed assessment? MR JUSTICE MORGAN: I am not here to answer questions. 38. 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 . It identifies various heads of relief based upon difficulties which the bank says it has encountered because Mr Hunter has continued to keep stock upon the land and has failed to cooperate with efforts made by the bank to have the stock removed from the land. Under section 13 the Court has the power in relation to goods to which section 12 applies where it is shown that the bank would be entitled to sell the goods if it gave a notice in accordance with schedule 1 to the Act, the Court may then authorise the sale subject to such terms and conditions as may be specified in the order. So that is the order. England and Wales. Perhaps more relevantly, there was no evidence to support the suggested funding made available in the course of 14th July 2011 even though the bank asked for such evidence in express terms. The case of National Westminster Bank plc v Lucas and others Re Estate of Jimmy Savile (deceased) ([2014] EWHC 653 (Ch)) involved a dispute between the Executors and the Trustees of the charitable Will Trust. National Westminster Home Loans Ltd. Nationwide Building Society. He is the freeholder of the land, the land is subject to a mortgage and that mortgage on the face of it can be redeemed on payment of the full sum outstanding to the bank. I will start the comparison by looking at the position of K Hunter and Sons Limited. 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. MISS WINDSOR: Although that does not have to be included in the bundle. 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. The Claimant claimed damages . 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. MR HUNTER: One strikes the mind, sir. 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. 84. 51. 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 . That company was acquired off-the-shelf in around February 2007. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. 47. This is also applied in National Westminster Bank v Hunter. I will refer to the contract in relation to the bulk of the land. 40. Key point The doctrine of inequality of bargaining power was rejected by the House of Lords; the doctrine of undue influence is not subsumed by it Facts It seems to have been intended that the reference should be to the two contracts originally entered into in February and varied on 14th July 2011. 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. 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. I am not going to start going into a point of that kind at this stage when you have not mentioned it before. 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. 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. I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. It is therefore the case that the Court has jurisdiction notwithstanding the dissent of the bank to direct a sale of the mortgaged property. The husband asked the claimant bank to refinance the loan. Plainly, the bank's primary concern was to realise the value of its security so as to reduce the indebtedness owed to it. MR JUSTICE MORGAN: You cannot fail to understand that. 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. There is a second application before the Court----. 66. You will just have to be patient a little longer. 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. National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. The contracts of 23rd February 2011 have not been completed. 88. England and Wales. 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. At First Instance - National Westminster Bank Plc and Another and Barclays Bank Plc and Another v Inland Revenue Commissioners ChD 6-Aug-1993 A business expansion tax plan was valid if it was issued before the Income and Corporation Taxes Act. On the other hand, this matter has gone on for a considerable time and you have failed to comply with Court orders in the past. That means section 12 applies. 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. 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. Lekan Akanni. 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. 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. 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. 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. 92. 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. 69. The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. Because he is unable to perform them they will not be performed and title will be available to be transferred to Mr Taylor's company. In case of any confusion, feel free to reach out to us.Leave your message here. Papamichael v National Westminster Bank Plc & Anor [2002]1 Lloyd's Rep 332 31 Jan 2002 Share Direct link Share on Andrew Hunter KC Call: 1993 Silk: 2012 About us Find us Clerks & staff Academic research panel News, cases & analysis Podcasts Client Area Competition Bulletin Sports Law Bulletin Employee Competition Bulletin Covid-19: Legal Insights The bank brought possession proceedings against Mr and Mrs Hunter. MR JUSTICE MORGAN: And they will take effect whether you issue an appellant's notice or do not issue an appellant's notice. Mr Hunter conversely contends that the Receivers did the wrong thing by putting the property up for auction when he had made offers of the kind I have described to buy the property. Miss Windsor, is there a point about public footpaths that needs to be considered? 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. That certainly means that Mr Hunter is not able to convey title to the charged property to a third party. 330. Mr Hunter replied by an e-mail received at 14.07 on that day. 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." Right, any other point on the draft order? 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. Bank) G. V. II. The e-mail was in these terms: "Further to our recent correspondence, I am writing to you again to make an increased offer of 1.550 million to be paid in 12 months' time. 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.". 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. 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. The particulars of sale referred to the land. In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. Further, under section 12(1)(a) Mr Hunter is already in breach of an obligation to take delivery of the cattle. Regina (Financial Conduct Authority) -v-. That condition is in extra special condition 11 which is in these terms: "11.1, the condition will be satisfied on the date that the seller has informed the buyer that the cattle that were on the lot as at the date of the auction as shown on the sale of memorandum, the auction date, has been removed. 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. That refers to a contract. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. 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. Orr. The beneficiaries named were the widow, children and remoter issue of the settlor. 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. The last letter to which I need refer on 14th July 2011 came by way of reply from Mr Hunter where he said this: "I am most disappointed that you have refused my offer of 1.550 million, which clearly exceeds the valuation by Savills sanctioned by Allsops on 29th June of this year and also exceeds by some way the guide price they had put on it at auction. 25% off till end of Feb! I appreciate your difficulty that you are in person, you have to get legal advice. Facts. 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. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. ", 29. Those proceedings were heard in the County Court on 10th August 2010. The agreed completion date is expressed to be five business days after a certain condition has been satisfied. He is not in practical terms able to redeem the charges so he is not able to convey free from the charges. If you are to get any modification of these orders you will have to in your own interests act extremely quickly. The Court cannot undo that contract. That is in place of 3(ii), is it? So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. MR JUSTICE MORGAN: Do you want to have access to move them on a particular time? NATIONAL WESTMINSTER BANK PLC NWBD Company page - Search stock, chart, recent trades, company information, trading information, company news, fundamentals. [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 shall we talk about the first and start with you, Miss Windsor? 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. 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. MISS WINDSOR: The relevant provisions are CPR 52.4, page 1541 of the White Book. What has happened, certainly so far as the bank's submission goes, is that Mr Hunter, acting through the agency of Receivers, has contracted to sell the property. MR JUSTICE MORGAN: My understanding is that you do not need permission from the Court to attach a penal notice, it is a matter for you. 37. The plaintiff sought summary judgment. In that wa, Mr Hunter decided in February 2011 that he would sell the land which remained subject to the charges to the company K Hunter and Sons Limited to which I have referred. The bank has prepared a draft order which has been considered in the course of submissions today. 0.00%. In that case both the mortgagor and the mortgagee wished to see the property sold. I am not satisfied of either of those. Listing NGR: SE2637427830 What is unusual about the present case is that there is no dispute but that this property must be sold. Using IBAN since United Kingdom has officially introduced the IBAN system in April 2001. So that is as much as I think I can indicate on that. Clause 3 of the charge is headed "Restrictions on charging, leasing, disposing and parting with possession". 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. You are not free to disregard them just because you want to tell the Court of Appeal that they were wrong. Making that contract, as I say, does not take from him his equity of redemption. Is there a public footpath across the land? The future of this land has had to be addressed. GBX. Those are the principal matters of fact which are material to the application to which I next refer. If Mr Hunter could not perform that contract, making title free from the charge, then he would be in breach of contract and would be liable to be sued in damages by the buyer. 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. 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". They agreed, subject to a legal charge on . By Clause 4.3 the bank is given the power to appoint a Receiver. MR JUSTICE MORGAN: No, but the Court of Appeal is not going to really know what this case is about, particularly with Mr Hunter acting without legal assistance, unless it sees what was put forward as the reasons for the decision. In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. They are currently members of the Amateur Football Combination . 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. 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. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. 52. 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. The position under the auction contract is radically different. NatWest Group HR. MR JUSTICE MORGAN: You do not want an order for costs? I will now give my reasons for the decision I expressed earlier today to dismiss Mr Hunter's application under section 91 of the Law of Property Act 1925 and I will also give brief reasons in relation to the other application before me, the application by the bank for various heads of relief in support of its rights and its orders for possession that have previously been obtained. 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. It provided for payment of a deposit of 1. National Westminster Bank Plc - Ventures. I will refer to the buyer as Mr Taylor's company. Then there is the question of funding. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). National Westminster Bank Football Club is a football club based in Beckenham, England. First of all, under the auction contract the Receivers were entitled to receive and have received a 10 per cent deposit. They are in essentially the same terms, save that they relate to different parcels of land. 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. It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. 8. 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. PPI complaints represent 59% of the . Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. 42. Get 2 points on providing a valid reason for the above History [ edit] In 1970, the club was formed as a result of the merger between National Provincial Bank and Westminster Bank to form NatWest. 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. What Mr Hunter has not confronted in his application, nor indeed in the course of his submissions to me, is what the effect of that would be in relation to the contract which he has made with Mr Taylor's company. Citations: [1985] 2 WLR 588; [1985] AC 686. MISS WINDSOR appeared on behalf of the CLAIMANT. 1. Paragraphs 4 and 5 they are to sell the stock. Working with your business. Venue: HALL PLACE #4. Raheem Bucknor. 50. Newcote Services Limited. 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 other matter concerns the way in which the payment was to be made.
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