national westminster bank v hunter

The matter then turned upon the way in which that jurisdiction should be exercised and in the somewhat special circumstances of that case it was decided that it would be unfair to leave the property unsold and it would be appropriate for the Court to assist the mortgagor by making an order for sale. The agreed price is 1.505 million. MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. It is therefore the case that the Court has jurisdiction notwithstanding the dissent of the bank to direct a sale of the mortgaged property. Citation. The difficulties of a practical kind which are being encountered are described in detail in the evidence which has been put in on behalf of the bank. 18. 2. 15. It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. 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. 54. 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. I note that in earlier correspondence you stated quite categorically that you were unable to raise more than 1.31 million 'now'. 87. Let me see what Mr Hunter says about those two matters and his application for permission. 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. MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. 80. Published 2 March 2022 Explore the topic. MR JUSTICE MORGAN: Right. 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. By Clause 4.3 the bank is given the power to appoint a Receiver. MR JUSTICE MORGAN: Some of these orders are going to take effect immediately, some are going to take effect tomorrow. NATIONAL WESTMINSTER BANK PLC NWBD Company page - Search stock, chart, recent trades, company information, trading information, company news, fundamentals. 31. The future of this land has had to be addressed. I don't know if you do, but I'm just asking that question, sir. Making that contract, as I say, does not take from him his equity of redemption. There are other provisions which may perhaps be useful in connection with a proposed sale by a Receiver but it is not necessary to refer to them in this judgment. 2 storeys and attic. 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 Newcote Services Limited. 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. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. - but doesn't want them to do that. Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . 77. 59. 44. There is now insufficient time for the bank to be comfortable as to the terms of your proposals prior to the auction later this afternoon. Included for group value. I will start the comparison by looking at the position of K Hunter and Sons Limited. 85. 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. 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. 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 . MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? Bays 2, 3 and 4. are set within octagonal colonnettes surmounted by lantern domed finials, Enhance your digital presence and reach by creating a Casemine profile. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. The bank wishes to sell, the bank has taken steps to sell, the bank has gone about the matter in a way which cannot be undone, certainly not on the application of Mr Hunter as mortgagor. In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. Mr Hunter has been very well aware for a considerable period of months that the bank has wanted him to remove his cattle. This involves a comparison of what the Receivers achieved by auctioning the property and the alternative of negotiating and perhaps concluding a contract with Mr Hunter or K Hunter and Sons Limited. Whether that deposit was paid or not paid is not in the event material. 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. 35. 51. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 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. 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. 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. 6. 48. Clause 8 of the contract is headed "Matters affecting the property". MR HUNTER: I think both, sir. We would also like to set optional cookies to improve our site and bring you more . 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. 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. 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. MISS WINDSOR: If Mr Hunter would like the three cattle herded through the gate, as he herded the other 87 through, onto his brother's land the Receivers will arrange for the three cattle to be handed over at the gate at that point. Southwark Crown Court. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. 58. Taxpayer stake in Natwest reduced again as government sells shares. The trust fund was then worth about andpound;50,000. The defendant bought a house on mortgage with her husband. MR HUNTER: Sir, I'll be taking legal advice, sir. 79. 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. 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. I will take legal advice on it, sir. MR JUSTICE MORGAN: Do you have it in a form that he could sign straight away? At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. We use necessary cookies to make our site work. It is in your interests to get to the Court of Appeal. 20. 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. That statement fits very badly with the correspondence on 14th July 2011. MISS WINDSOR: Subject to handwritten amendments, yes. 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. Abuse of Process and Re-litigation. MR JUSTICE MORGAN: Which bit of it do you want to appeal? 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. 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. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd In National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd [1972] AC 785 it was held that an agreement between a bank and its customer that the debit on one account could not be set off against the credit on another account was void. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. 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. 0.00%. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. MISS WINDSOR: The relevant provisions are CPR 52.4, page 1541 of the White Book. ( a) the names and addresses of the members; ( b) the date on which each person was registered as a member; and. 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. Until the Court of Appeal grapple with your case these orders will bind you. Following Palk v Mortgages Services Funding, the court will not grant an order for possession for PB if Jakob is seeking sale of the property. 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. Contains public sector information licensed under the Open Government Licence v3.0. If the buyer sought specific performance the buyer would be entitled to take title to the property, but because the property is charged with a debt of 2.5 million or more the buyer would not pay the purchase price to Mr Hunter but would instead have a substantial claim for damages in addition to the remedy of specific performance. England and Wales. The Court cannot undo that contract. 25% off till end of Feb! 89. 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. Walking down Lord Street and turning onto Church Street in Fleetwood is the wonderful National Westminster Bank Building. You have had months, you have had chances, you have behaved the way the evidence shows. MR JUSTICE MORGAN: Right. 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. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. The agreed completion date is expressed to be five business days after a certain condition has been satisfied. In that sense it was to be a 100 per cent mortgage. MR HUNTER: I ask for the right to appeal, sir. Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. That certainly means that Mr Hunter is not able to convey title to the charged property to a third party. 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. 45. 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. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. 10. That was made on 23rd February 2011. 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. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). 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. 60. 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. ", 26. In particular, part of Kirkdene has been sold. For all those reasons I reach the conclusion that this application under section 91(2) must be dismissed. That is what he has to do to get the appeal up and running, is it? 53. National Westminster Bank. It has not been served with notice of this application and has not had an opportunity to put forward its position. 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. 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. ", 29. He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. 42. 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. 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. 67. 63. 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. IBAN Mandatory Although, IBAN can be used for domestic payments in the UK, currently, it is not mandatory. 34. MR JUSTICE MORGAN: There is a Court of Appeal. MR JUSTICE MORGAN: I am not here to answer questions. 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 Hunter replied by an e-mail received at 14.07 on that day. Nor can I change the position in Mr Hunter's favour by granting some relief by way of injunction or otherwise against the Receivers. MR JUSTICE MORGAN: I think the position is this, that the bank and the Receivers, for reasons that appear to be good ones, have given up on you, Mr Hunter. The court set down the principles to be applied in abuse of process cases, where a . 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. Those proceedings were heard in the County Court on 10th August 2010. No such deposit was on offer from K Hunter and Sons Limited. The last outstanding life interest under the trust was that of her father John, who died in 1986. Nestle v National Westminster Bank This is an appeal by the plaintiff in the action, Miss Nestle, against a judgment of Hoffmann J., given as long ago as 29th June 1988, whereby, at the end of the trial of the action, he dismissed all Miss Nestle's claims against the defendant in the action, National Westminster Bank Plc. 91. I sincerely hope that Mr Hunter will see just how foolish he has been in the conduct on which he has embarked. If you are to get any modification of these orders you will have to in your own interests act extremely quickly. The 14th July was a significant date because it was the date fixed for an auction of the charged property. 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. Raheem Bucknor. Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. National Westminster Bank Plc v Hunter & Anor | [2011] EWHC 3170 (Ch) | England and Wales High Court (Chancery Division) | Judgment | Law | CaseMine Browse cases England and Wales High Court (Chancery Division) 2011 November National Westminster Bank Plc v Hunter & Anor today. I need to deal with those matters, albeit briefly. Get 1 point on providing a valid sentiment to this Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. 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. MR JUSTICE MORGAN: You cannot fail to understand that. Having set out the relevant facts, having identified the legal position under the various contracts which have come into existence, having informed myself of the way in which the jurisdiction under section 91(2) has been and should be exercised, in my judgment this does not begin to be a case in which the Court should intervene and upset the arrangements which have been brought into existence. 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. 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----. FREDERICK ANDERSON GOODWIN, director, 6 Mar 2000 - 21 Nov 2008. 6 bay facade. Ch., Walton J. Newbury Building Society. Having done that, Mr Hunter entered into two contracts of sale, one relating to a small area of land at Kirkdene for 7,500 and the other relating to the bulk of the land at a price of 922,500. National Westminster Home Loans Ltd. Nationwide Building Society. MISS WINDSOR appeared on behalf of the CLAIMANT. London Stock Exchange uses cookies to improve its website. Do you want to say anything about the points of details save for the general points? 12. The resulting figure was 930,000. Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. 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 . 82. Ctrl + Alt + T to open/close . Listing NGR: SE2637427830 The mortgagor does not need an order of the Court to force the mortgagee to sell the property, the mortgagee has been taking active steps to sell the property and has got the benefit of a contract under which it will sell the property.

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