22. Morgan J [2011] EWHC 3170 (Ch) Bailii Law of Property Act 1925 91 England and Wales Updated: 28 June 2021; Ref: scu.449869 I will refer to the contract in relation to the bulk of the land. National Westminster Bank plc - Branch Network. MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. 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. Confirmation statement filters Accounts Capital Charges Confirmation statements . It is in your interests to get to the Court of Appeal. 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. Paragraph 2 says you are not to go there. Joe Bumpus. 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. Mr Hunter has himself prepared a chronology which he has placed before me. [4] MISS WINDSOR appeared on behalf of the CLAIMANT. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! They are in force. MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. National Westminster Bank Plc (1968-date), established in London, is part of NatWest Group. Click here to remove this judgment from your profile. 61. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. If I'm going to be banned from my property how do I move the cattle? That means section 12 applies. 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 today. 13. Regina (Financial Conduct Authority) -v-. The Claimant claimed damages . Since the making of the order for possession a number of things have happened, not all of which I need recite. 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. 72. I will take legal advice on it, sir. MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. Facts. 46. In the course of his submissions to me today Mr Hunter questioned the bank's entitlement to appoint those Receivers. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. National Westminster Bank Football Club is a football club based in Beckenham, England. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. Against that background, Mr Hunter asks the Court to order a sale of the property and in particular a sale which will be a sale by Mr Hunter to K Hunter and Sons Limited pursuant to the pair of contracts of 14th July 2011. 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. Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? There have been further communications between Mr Hunter and the bank in the period from February 2011 to July 2011. That was a case, different from the present case, where the mortgagor suffering from severe negative equity wished to see the property sold and bring to an end the ongoing liability to pay interest, but the mortgagee did not intend to exercise its power of sale and did not wish to see the property sold at that point in the market. 45. Mr Hunter may be right that in the past and up to today he has been in control of the cattle because he has continued in breach of the Court orders to trespass on the relevant land and tend to the cattle. Making that contract, as I say, does not take from him his equity of redemption. MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. 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. MISS WINDSOR: I invite you to make the order as drafted, save at paragraph 3 (ii) be replaced by some machinery for Mr Hunter to sign the draft as handed up to your Lordship instead. 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.". 62. 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. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. It is not necessary I think to go to every difference and attempt to resolve it. 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. 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 JUSTICE MORGAN: Well, I think, Mr Hunter, given the cleverness of your point that you had better put in some evidence on which I can act that there is a public footpath and then apply to vary the order in relation to it and that will be considered. The last outstanding life interest under the trust was that of her father John, who died in 1986. 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. Hunter v Canary Wharf; Hussey v Palmer; Hydeshire Ltd's Application, Re; Hypo-Mortgage Services v Robinson (I) IAM Group plc v Chowdrey; . The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. Sat 18 Feb 23. ", 29. 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. Main Road. 50. 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. V - V National Westminster Bank Void 2STH 18/04/20 14:00: Economicals III V - V Fulham Compton Old Boys II Void . The purchase price under the auction contract was 1,505,000. 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. 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. The sale memorandum states that the deposit was paid, though the evidence is that it was paid the next day, 15th July 2011. 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. No such deposit was on offer from K Hunter and Sons Limited. Sat 11 Feb 23. 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 . A hearing took place on 13th July 2011 at Aylesbury County Court to require the cattle to be removed. MR JUSTICE MORGAN: I am not sure, what have I precisely said about that? 90. 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. I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Practical Law Case Page D-000-1223 (Approx. What do you say I should do? So that is as much as I think I can indicate on that. Jul 2021. It is fair to say that the impression given by the two chronologies is somewhat different. The case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. Until the Court of Appeal grapple with your case these orders will bind you. 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. The bank replied in these terms: "Given the proximity of the property being offered for sale at auction, I do not propose to consider your proposal today. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. The future of this land has had to be addressed. That was made on 23rd February 2011. History [ edit] In 1970, the club was formed as a result of the merger between National Provincial Bank and Westminster Bank to form NatWest. 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. Using IBAN since United Kingdom has officially introduced the IBAN system in April 2001. 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. You have had months, you have had chances, you have behaved the way the evidence shows. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. 5. Is there a system to do that, sir? 68. 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. 14. 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. MR JUSTICE MORGAN: There is something before that, is there? MR JUSTICE MORGAN: Which bit of it do you want to appeal? 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. Under section 12(3) it is open to the bank to serve a particular notice which if it is not complied with will entitle them to sell the goods, namely the cattle. The tribunal held that the House of Lords decision in Westminster Bank Executor and Trustee Co (Channel Islands) Ltd v National Bank of Greece SA [1971] AC 945 remains the only decision that binds the lower courts on this point. The bank has prepared a draft order which has been considered in the course of submissions today. I turn then to the contracts made on 14th July 2011, if that is the correct date, in favour of K Hunter and Sons Limited. The beneficiaries named were the widow, children and remoter issue of the settlor. 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. 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. At any rate, I proceed on that basis for today's purposes. First of all, under the auction contract the Receivers were entitled to receive and have received a 10 per cent deposit. (2) There shall be entered in the register. 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". 93. Get 1 point on adding a valid citation to this judgment. He has deliberately, in breach of Court orders, refused to do so to gain an advantage by his unlawful conduct. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. Taxpayer stake in Natwest reduced again as government sells shares. The other matter concerns the way in which the payment was to be made. 2 storeys and attic. 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. If you are to get any modification of these orders you will have to in your own interests act extremely quickly. MR JUSTICE MORGAN: And they will take effect whether you issue an appellant's notice or do not issue an appellant's notice. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. MR JUSTICE MORGAN: You cannot fail to understand that. What is unusual about the present case is that there is no dispute but that this property must be sold. Rights have been acquired by Mr Taylor's company, Mr Taylo's compoany is on the face of it entitled to pursue those rights. By Clause 5.1.4 in particular a Receiver appointed by the bank under the charge has the power to sell the charged property. He is not in practical terms able to redeem the charges so he is not able to convey free from the charges. Further, under section 12(1)(a) Mr Hunter is already in breach of an obligation to take delivery of the cattle. That of course does not take from him his equity of redemption. 25% off till end of Feb! Walking down Lord Street and turning onto Church Street in Fleetwood is the wonderful National Westminster Bank Building. 71. 6 bay facade. There is an effective contract by Mr Hunter to sell to Mr Taylor's company. Bank) G. V. II. 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. 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 way in which Mr Hunter went about assessing a suitable price for such a sale to the connected company was to take a valuation of the entirety of the charged property, to deduct from it the proceeds of sale on the sale of part of Kirkdene and to arrive at a resulting figure. floating charge. 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. 6. National Westminster Bank Plc - Ventures. But if you cannot come to terms then you will be irrelevant and all these things will be done no matter what you think. We have discussed paragraph 3. 20. Read the full decision in Mrs L . 23. Completion will take place following confirmation from the seller that the cattle have been removed. 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. 41. 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. Ethan Crane . I say that because this case does not turn upon which contract is first in time. MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? Jurisdiction code: Breach of Contract, Disability Discrimination, Maternity and Pregnancy Rights, Sex Discrimination. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. MR JUSTICE MORGAN: Right. 34. In the suit brought by the beneficiaries it was held by the chancery division that once the trust account was opened, the . Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . 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. 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. MR JUSTICE MORGAN: He is a member of the public and the public has the right. 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 Court grants injunction, despite noting that was fairly unreasonable and . Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. IBAN Mandatory Although, IBAN can be used for domestic payments in the UK, currently, it is not mandatory. 13 December 2021. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. 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. 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. MR JUSTICE MORGAN: You do not want an order for costs? The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). So I do not think there is any inconsistency in the order. The 14th July was a significant date because it was the date fixed for an auction of the charged property. 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. Ctrl + Alt + T to open/close . National Westminster Bank PLC. Do you have anything to say about costs? I have referred to the land which is the subject matter of the charge. MR JUSTICE MORGAN: Just looking at your penal notice it will say paragraph 2 or 3. 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. I do not have any evidence to judge what the measure of damages might be, but that would be the legal consequence. Now, outside court if you and the Receivers can come to a practical solution of the kind Miss Windsor has referred to nothing in the order stops that because the Receivers can give you permission to go there for a limited purpose, nothing in the order stops that. I mean, he is entitled to seek to get permission from the Court of Appeal where he will say that what has happened here has been grotesquely unfair, so I am not going to stop him saying things like that. Miss Windsor, is there a point about public footpaths that needs to be considered? 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 . ", 27. MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. Contains public sector information licensed under the Open Government Licence v3.0. It is possible this bank is of similar date and by the same architect. 80. MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. 35. FCA-v-Natwest-Sentencing-remarks-131221.pdf 405.95 kb. I am not going to start going into a point of that kind at this stage when you have not mentioned it before. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. 44. 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. 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. Published 2 March 2022 Explore the topic. 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. There was some description of some matters in relation to the land which I have been shown as follows. The bank appointed Receivers in relation to all of the charged property on 14th January 2010. 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. The plaintiff was the remainder beneficiary under the will trust of her grandfather, who died in 1922. The Receivers have actually got the maps, sir. 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. The contract was to be completed six months from the date of the contract. Interact directly with CaseMine users looking for advocates in your area of specialization. Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. 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. Paragraphs 4 and 5 they are to sell the stock. Let me see what Mr Hunter says about those two matters and his application for permission. Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . The bank, National Westminster Bank Plc, is involved with the land and buildings to which I have referred pursuant to two legal charges, one dated 6th July 2006 and the second dated 12th April 2007. Sorry, I don't understand what you're asking for. I can now pick up the chronology again by referring to what happened at that auction. 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. MR JUSTICE MORGAN: But you are in very considerable need of capable legal advice not later than tomorrow morning I would suggest to get on with this. 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. Let me invite Mr Hunter to deal with that. 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. Venue: HALL PLACE #4. In particular, part of Kirkdene has been sold. 57. 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. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. NATIONAL WESTMINSTER BANK PLC. 85. 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. [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 . It provided for payment of a deposit of 1. 16. 7. 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. 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. 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. There is a second application before the Court----. 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. 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. Is it said to be wrong in law or is it said to be unfair or is it said to be wrong in fact? My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. 75. What matters more are the events of the 14th July of this year. 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. Mr Hunter, under the rules you have 21 days to serve an appellant's notice. Do you want to say anything about the points of details save for the general points? MR JUSTICE MORGAN: Do you want to have access to move them on a particular time? 1 - 3 National Westminster Bank. MR JUSTICE MORGAN: I thought we had got into 2011, but tell me the rule again, 52.4? Shares were issued on the sending of the allotment letter, not when the shares came to be registered in the company's books. Newcote Services Limited. - but doesn't want them to do that. MR JUSTICE MORGAN: Right. By Clause 4.3 the bank is given the power to appoint a Receiver. MR JUSTICE MORGAN: So you want an order for today? 18. That has the heading "Effect of contract for sale" but if one reads the passage it can be seen that is dealing with a contract made by a mortgagee acting under the mortgagee's power of sale. National Westminster Bank. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. We pride ourselves on our independence, and our human touch. 73. ", 26. This case. That is in accordance with the normal position in charges of this kind. So just reading the section alone one questions what it is the Court would be doing if it was to interfere with the state of affairs that has come about out of court. This offer is open for acceptance until 4.30 p.m. ", 25. 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. Shall we just work out the agenda? Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. Raheem Bucknor. Adam Billey. 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? Citations: [1985] 2 WLR 588; [1985] AC 686. He referred to alternatives that might instead have been pursued. In that correspondence it seemed to be common ground that K Hunter and Sons Limited or Mr Hunter were not in a position to pay the full amount of the purchase price at or around that time, indeed it would be necessary for an unspecified part of the purchase price to remain outstanding on mortgage for 12 months.