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. 1 - 3 National Westminster Bank. The particulars of sale referred to the land. Coordinates Latitude: 53.4064 / 5324'23"N Longitude: -2.9913 / 259'28"W OS Eastings: 334197 OS Northings: 390410 OS Grid: SJ341904 Mapcode National: GBR 72N.YW Mapcode Global: WH877.0MVY Plus Code: 9C5VC245+HF Entry Name: National Westminster Bank Listing Date: 28 June 1952 Grade: II* Source: Historic England Source ID: 1205939 MR JUSTICE MORGAN: He is a member of the public and the public has the right. Mr Hunter has been very well aware for a considerable period of months that the bank has wanted him to remove his cattle. 42. Miss Windsor, is there a point about public footpaths that needs to be considered? 81. 25% off till end of Feb! 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 . MR JUSTICE MORGAN: If there is a public footpath and if you come to court asking for this to be varied then that is entirely something you can do and the Court will react to it when it has the evidence on which to act. MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. 86. Found National Westminster Bank Plc v Hunter & Anor useful? 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. At any rate, I proceed on that basis for today's purposes. 330. MR JUSTICE MORGAN: I am not sure, what have I precisely said about that? 15. Mr Hunter replied by an e-mail received at 14.07 on that day. However, the comparison ceases to be favourable to Mr Hunter from that point. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. John Trenberth v. National Westminster Bank [1979, Eng. Making that contract, as I say, does not take from him his equity of redemption. 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. 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. 31. The powers of the Receiver are spelt out in Clause 5 of the charge. Facts. This is also applied in National Westminster Bank v Hunter. MISS WINDSOR: This is the first I have heard of it. I can see in detail what the parties said to each other because they said it in writing in documents sent by e-mail which have been produced in evidence. It provided for payment of a deposit of 1. In other words, you have to do this very rapidly indeed if you are to do anything at all. I will take legal advice on it, sir. In that sense it was to be a 100 per cent mortgage. Rights have been acquired by Mr Taylor's company, Mr Taylo's compoany is on the face of it entitled to pursue those rights. 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. 2 storeys and attic. This works out as three complaints per 1,000 relevant accounts. The contact provides for a 10 per cent deposit, 150,500. 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. FREDERICK INGLIS WATT, director, 4 Sep 2000 - 31 Jan 2006. 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. There is one other matter relating to the contract to which I ought to refer. National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. It has not been served with notice of this application and has not had an opportunity to put forward its position. There was some description of some matters in relation to the land which I have been shown as follows. MISS WINDSOR: Although that does not have to be included in the bundle. I need to deal with those matters, albeit briefly. MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. 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. 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. It is also relevant to refer to a limited company which is called K Hunter and Sons Limited. 33. At this hearing that is the only document before the Court which gives any information about the possibility of funding to K Hunter and Sons Limited in relation to a possible purchase of the land for 1.55 million. I will start the comparison by looking at the position of K Hunter and Sons Limited. Mr Hunter told me that the amount of money to be borrowed from UK Farm Finance Limited was not less than 1.55 million. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. That is in accordance with the normal position in charges of this kind. 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. Accordingly, the question of selling the land has been one of the matters at the front of anyone's consideration. 20. In these circumstances, if it is a relevant question to ask whether the Receivers did the right thing when they took the property to auction and sold it at auction, as compared with cancelling the auction and continuing to talk to Mr Hunter, my conclusion is that they plainly and unarguably took the better course. The Court of Appeal was in no doubt that in a case where everyone agreed the property should be sold that it was not appropriate to use the jurisdiction of section 91(2) to override the mortgagee's exercise of its power of sale. MR HUNTER: I ask for the right to appeal, sir. Citation. I don't understand the system, sir. NWB Group Annual Results 2021 4 Financial review continued Summary consolidated income statement for the year ended 31 December 2021 Year ended Retail Private Commercial Central items 31 December Banking Banking & other 2021 2020 Variance m m % Net interest income 3,541 461 2,171 (171) 6,002 5,810 192 3 Non-interest income 345 263 1,040 1,619 3,267 3,145 122 4 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. Nor can I change the position in Mr Hunter's favour by granting some relief by way of injunction or otherwise against the Receivers. The position under the auction contract is radically different. 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. 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. 82. You are asking him to deliver up the passports etcetera by 4 p.m. tomorrow. By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. 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. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of 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.". 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 . Their payments fell into arrears and the building society started proceedings for repossession. 2. The case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. Orr. MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. I will return to the circumstances in which the Court might or might not make such an order after I have considered the effect of the various contracts which have been entered into. 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. MR JUSTICE MORGAN: The second application is brought by the bank. 84. 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? 66. Thereafter she was absolutely entitled to the . There is no application before the Court today to have the appointment set aside or to have the Receivers removed. Click here to remove this judgment from your profile. Formal demands by the bank for payment were made in 1992 and there were intermittent payments by the husband until January 1993, after which he was declared bankrupt. NATIONAL WESTMINSTER BANK PLC. He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. ", 29. 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. 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. Is it said to be wrong in law or is it said to be unfair or is it said to be wrong in fact? Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? Published 2 March 2022 Explore the topic. What matters more are the events of the 14th July of this year. 45. It was paid by cheque and the cheque has cleared. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? 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 case of any confusion, feel free to reach out to us.Leave your message here. Is that a point to ask? 3. 02/23. In the course of submissions today I asked Mr Hunter what his practical proposals might be to bring to an end the state of affairs whereby the bank was being prevented from having possession, as the Court has held it is entitled to do, by reason of his conduct. (2) There shall be entered in the register. But for today's purposes all I need to record is that it is not necessary for me to form a view whether the contracts with K Hunter and Sons Limited of 14th July 2011 came into existence before the land was knocked down at auction or after that date. On 26 February Jordan hosted a meeting at Aqaba between Israel and the Palestinian National Authority (PNA). He is not in practical terms able to redeem the charges so he is not able to convey free from the charges. 71. National Westminster Bank Football Club is a football club based in Beckenham, England. Get 1 point on providing a valid sentiment to this Dealing with the question of the Court's jurisdiction, Miss Windsor of counsel, who appears on behalf of the bank, initially took the point that the court did not have jurisdiction under this sub-section because by reason of the auction contract or by reason of that and other matters Mr Hunter could not satisfy the Court that he was a person interested in the right of redemption. He was ordered by the Aylesbury County Court to remove the cattle by a date in the past. They are in essentially the same terms, save that they relate to different parcels of land. True it is that the auction is not something Mr Hunter took part in or has come about in accordance with his wishes, but when he signed the charge, when he permitted the bank to appoint Receivers, when he gave the Receivers the power to sell as agents for the mortgagor, Mr Hunter put in train a series of events which has led in law to the situation that Mr Hunter has contracted to sell to Mr Taylor's company. It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; 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. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. The position is that the contract which has come into existence following the auction is between Mr Hunter as seller, acting through the Receivers, and Mr Taylor's company, but when it comes to the transfer of title pursuant to that contact title will not be transfered by a transfer executed by Mr Hunter as transferor, it will instead be transfered pursuant to a transfer executed by the bank as chargee. MISS WINDSOR: [inaudible] the first sentence application for permission to appeal----. I do not accept that submission. I am also asked to make orders providing for service in connection with possible committal applications. Main Road. I don't know, sir, but you tell me. Working with your business. 49. 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. Citing: Applied - Henderson v Henderson 20-Jul-1843. Read the full decision in Mrs L . 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. 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. 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. Although Mr Hunter is not in a position to raise that money there still remains an equity of redemption in the event that he were able to raise that money. 91. 61. 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. MR JUSTICE MORGAN: Just looking at your penal notice it will say paragraph 2 or 3. That is in place of 3(ii), is it? That correspondence referred to the topic of potential funding for the intended purchase of the farm. The Court of Appeal decision in National Westminster Bank Plc. England and Wales High Court (Chancery Division), National Westminster Bank Plc v Hunter & Anor. 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. MR JUSTICE MORGAN: Right. MR JUSTICE MORGAN: ----or one of the orders should not be made, then given that it is going to take effect either immediately or tomorrow the only point in running that appeal is if you can get to the Court of Appeal fast. That 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. IBAN Mandatory Although, IBAN can be used for domestic payments in the UK, currently, it is not mandatory. 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. That certainly means that Mr Hunter is not able to convey title to the charged property to a third party. 54. 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. Under these contracts Mr Hunter is the seller and K Hunter and Sons Limited, the company controlled by Mrs Hunter, is the buyer. 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. Completion will take place following confirmation from the seller that the cattle have been removed. The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. I think in our earlier discussion of paragraph 5 I suggested that you put in, insofar as it is necessary, pursuant to section 13 just so that it ties in with paragraph 4. Well, I will deal with that in a moment. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. (NWBD) Add to my list. MR JUSTICE MORGAN: Right. However, what one does know -- and it is a positive factor -- is that the purchaser was able to raise the 10 per cent deposit the day after the auction was concluded. 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. 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. 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. 74. 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. 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----. Secondly, completion under the auction contract was to be very much earlier than completion in relation to the contracts of 14th July 2011 or pursuant to the suggested position prior to the auction on that day. Mr Taylor's company has acquired contractual rights. It is not necessary I think to go to every difference and attempt to resolve it. 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. Those are the principal matters of fact which are material to the application to which I next refer. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. Walking down Lord Street and turning onto Church Street in Fleetwood is the wonderful National Westminster Bank Building. 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 . My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. MISS WINDSOR: 52.4(2): "The appellant must file the appellant's notice at the appeal court within such period as may be directed by the lower court or where the court makes no such direction 21 days after the date of the decision of the lower court that the appellant wishes to appeal." That decision of the Court of Appeal was followed at first instance in Polonski v. Lloyds Bank Mortgages Limited (1997) 31 Housing Law Reports, 721. 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. You have had months, you have had chances, you have behaved the way the evidence shows. * Enter a valid Journal (must Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) He referred to alternatives that might instead have been pursued. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. 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. The seller there is again Mr Hunter. Players. 47. 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. 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. 22. MR JUSTICE MORGAN: There is a Court of Appeal. 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. MISS WINDSOR: Subject to handwritten amendments, yes. 88. 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. That was made on 23rd February 2011. 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. The contracts of 23rd February 2011 have not been completed. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. 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. Enhance your digital presence and reach by creating a Casemine profile. They are currently members of the Amateur Football Combination . 19. Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. On the other hand, he is in person. Sentencing Remarks of Mrs Justice Cockerill. ]: needed to repair building but couldn't do so without trespassing on property (needed to use it as a staging area, bring materials across, etc.) MR HUNTER: The section 91 and the second application, sir. MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. Since the making of the order for possession a number of things have happened, not all of which I need recite. ", 26. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. 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. By Clause 1.1 of the charge Mr Hunter charged by way of legal mortgage the property which I have described as the subject of the charge. National Westminster Bank Plc - Ventures. Using IBAN since United Kingdom has officially introduced the IBAN system in April 2001. They agreed, subject to a legal charge on . Under the auction contract the full balance of the purchase price is payable on completion. Mr Hunter was represented by counsel; Mrs Hunter was not represented by a legal representative. 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. 40. The Court of Appeal is there to correct errors made by judges such as myself. 11.3, in the event that the contract is terminated pursuant to extra special condition 11.2, then the deposit will be returned to the buyer.". 10. Before confirming, please ensure that you have thoroughly read and verified the judgment. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. 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. [2] It is the leading English case and a banker's right to combine accounts, [3] and also an important decision relating to insolvency set-off. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. MR JUSTICE MORGAN: And that is to be without prejudice to any powers you would have to recover costs----. 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. I am very far from satisfied on the material before me today that K Hunter and Sons Limited has tied up satisfactorily the question of funding a purchase at a price of 1.55 million. 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. MR JUSTICE MORGAN: And they will take effect whether you issue an appellant's notice or do not issue an appellant's notice.