There was some description of some matters in relation to the land which I have been shown as follows. 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. There are one or two matters of suggested legal principle which are identified in a skeleton argument which has been prepared by or on behalf of Mr Hunter. 21. 35. 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 ", 25. The position under the auction contract is radically different. In that sense it was to be a 100 per cent mortgage. MR HUNTER: Do you have the power to ban me from public footpaths? Under these contracts Mr Hunter is the seller and K Hunter and Sons Limited, the company controlled by Mrs Hunter, is the buyer. The charge of 6th July 2006 is in relation to property described as land and buildings at Manor Farm, Pitchcott, Aylesbury, Land Registry title number BM195811, and the charge dated 12th April 2007 relates to land at Kirkdene, Pitchcott, Aylesbury, Land Registry title number BM126848. Citations: [1985] 2 WLR 588; [1985] AC 686. National Westminster Bank plc v Spectrum Plus Ltd and others [2005 The Role of Bank as Trustee - Academike 85. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. The plaintiff was the remainder beneficiary under the will trust of her grandfather, who died in 1922. Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. That is generally regarded as the appropriate action of a bank or a Receiver who has a duty to take steps to obtain a proper price for the security. 84. Rights have been acquired by Mr Taylor's company, Mr Taylo's compoany is on the face of it entitled to pursue those rights. MR JUSTICE MORGAN: Right. The bic codes below belong to NATIONAL WESTMINSTER BANK PLC bank and/or any of its branches across all countries and cities in the world. New Wave Capital Ltd. Newable Business Finance Ltd. Newable Limited. 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. Let me invite Mr Hunter to deal with that. Unfortunately, based on what I have seen, the possibility of contempt of Court and committal proceedings does appear to be a real one and in the circumstances I am persuaded that I should make the order making committal proceedings operate more smoothly than might otherwise be the case. 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. Clause 8 of the contract is headed "Matters affecting the property". National Westminster Bank v Morgan - 1985 - LawTeacher.net 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". Wright & anr v National Westminster Bank Plc [2014] EWHC 3158 (Ch) National Westminster Bank PLC | Encyclopedia.com National Westminster Bank Plc - Ventures. 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. MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. 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. I will start the comparison by looking at the position of K Hunter and Sons Limited. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. This case. 59. Mr Hunter, I am asked to make an order in detailed terms. MR JUSTICE MORGAN: So you want an order for today? MISS WINDSOR: Although that does not have to be included in the bundle. 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. Paragraphs 4 and 5 they are to sell the stock. These powers given by Clause 5 are in addition to all parts conferred on the Receiver under the general law. 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 . 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. 63. For every 1,000 home finance loans that we had outstanding, we received five complaints. 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. fixed) charge and required the company to pay the proceeds of the debts when received into the company's account with the bank and not otherwise to deal with the debts created a fixed charge over the book debts in accordance with the decision in Siebe . The cattle are chattels personal and are therefore goods and therefore the statutory provisions apply to the cattle. He referred to alternatives that might instead have been pursued. 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. 11.2, if the condition has not be satisfied within six months of the auction date then either the buyer or the seller can serve notice on the other to terminate this contract. It was paid by cheque and the cheque has cleared. That is what he has to do to get the appeal up and running, is it? Property Mortgage - structure (v) - Property law - Studocu They agreed, subject to a legal charge on . 9. Making that contract, as I say, does not take from him his equity of redemption. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. The defendant bought a house on mortgage with her husband. 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. MR JUSTICE MORGAN: He is a member of the public and the public has the right. 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. 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. 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. Lanre Akanni. 30. 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 However, the comparison ceases to be favourable to Mr Hunter from that point. MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. The court also allowed the m/gor to handle the sale himself if the m/gor cannot prove any substantial advantage in refusing the m/gor's request. 42. FCA-v-Natwest-Sentencing-remarks-131221.pdf 405.95 kb. Get 1 point on adding a valid citation to this judgment. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. 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. MISS WINDSOR: Subject to handwritten amendments, yes. 11. Nestle v National Westminster Bank - Casemine 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. Mr Hunter says that the cattle are in his possession, they are under his control, they are not in the possession of the bank, they are not under the control of the bank. 50. It may be that by reason of what is happening on the land, completion with Mr Taylor's company will not be in five days' time, it may be it will happen in late December or January, but that has come about not because Mr Taylor's company has required that and has only been prepared to bargain on that basis, but because Mr Hunter -- in breach I have to say of an order of the Court -- has manoeuvred himself to produce that adverse consequence. National Westminster Bank. My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. 34. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. Courts, sentencing and tribunals; 0.00%. 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 16. 77. P Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. 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. 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. Found National Westminster Bank Plc v Hunter & Anor useful? That was made on 23rd February 2011. I have referred to the land which is the subject matter of the charge. It is not necessary for today's purposes to decide when it was that Mr Hunter and K Hunter and Sons Limited altered the date on the February contracts to be 14th July 2011. The Court of Appeal is there to correct errors made by judges such as myself. The contracts of 23rd February 2011 have not been completed. I note that in earlier correspondence you stated quite categorically that you were unable to raise more than 1.31 million 'now'. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. 86. Get 1 point on providing a valid sentiment to this 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. This case concerns agricultural land and buildings at Manor Farm, Pitchcott, Aylesbury and at Kirkdene, Pitchcott, Aylesbury. This is also applied in National Westminster Bank v Hunter. MR JUSTICE MORGAN: Do you want to have access to move them on a particular time? 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. PDF Re Spectrum Plus Ltd; National Westminster Bank plc v Spectrum Plus Ltd 12. 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. 41. 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. Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) The lot would obviously need to be withdrawn from the auction now if this offer is acceptable to you. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. Mrs L Jones v National Westminster Bank plc: 1305030/2020 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. It is not a case where the contract which is first in time is valid and the contract which is second in time lacks legal effect. Swift codes for NATIONAL WESTMINSTER BANK PLC (BIC codes) NATIONAL WESTMINSTER BANK PLC NWBD Company page - Search stock, chart, recent trades, company information, trading information, company news, fundamentals. I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). I do not have very much detail about the state of affairs in relation to the company, but Mr Hunter has told me at the hearing today that all of the shares are owned by Mrs Karen Hunter and that he believes that she is a director of that company. 78. The particulars of sale referred to the land. I remain open to further negotiations. 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.