national westminster bank v hunter national westminster bank v hunter

Their payments fell into arrears and the building society started proceedings for repossession. . Players. The auction contract identifies further terms which apply to this sale. MR JUSTICE MORGAN: He is a member of the public and the public has the right. Newcote Services Limited. Bank. Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. FCA-v-Natwest-Sentencing-remarks-131221.pdf 405.95 kb. 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. ", 28. 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. Sorry, I don't understand what you're asking for. Regina (Financial Conduct Authority) -v-. 4. So I do not think there is any inconsistency in the order. 3. 90. 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. My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. I can only give permission if I am satisfied that you have a real prospect of success in the Court of Appeal or there is some other reason why this case should be considered by the Court of Appeal. That is in place of 3(ii), is it? Found National Westminster Bank Plc v Hunter & Anor useful? 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. MR HUNTER: Sir, I'll be taking legal advice, sir. Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . On that date at around 12.18 pm, Mr Hunter sent an e-mail to the bank. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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. In the suit brought by the beneficiaries it was held by the chancery division that once the trust account was opened, the . 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. Morgan J [2011] EWHC 3170 (Ch) Bailii Law of Property Act 1925 91 England and Wales Updated: 28 June 2021; Ref: scu.449869 Taxpayer stake in Natwest reduced again as government sells shares. What is unusual about the present case is that there is no dispute but that this property must be sold. The bank has prepared a draft order which has been considered in the course of submissions today. It has not been served with notice of this application and has not had an opportunity to put forward its position. 86. There is no application before me today for any relief in relation to what happened in relation to Kirkdene and it is not necessary for me to go into that matter any further or say anything about it. Mr Hunter has raised a number of questions today in argument as to the way in which the bank or the Receivers went about the sale of part of Kirkdene. 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. What do you say I should do? The plaintiff was the remainder beneficiary under the will trust of her grandfather, who died in 1922. * Enter a valid Journal (must 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. However, the comparison ceases to be favourable to Mr Hunter from that point. For the sake of completeness I will start with the contracts of February 2011, although the position there is essentially the same as with the contracts of 14th July 2011 in favour of K Hunter and Sons Limited. I will refer to the buyer as Mr Taylor's company. 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. What matters more are the events of the 14th July of this year. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). 84. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. Well, I will deal with that in a moment. GRAHAM STAPLES, secretary, 10 May 1994 - 1 May 1994. 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. 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. That means section 12 applies. This offer is open for acceptance until 4.30 p.m. Raheem Bucknor. 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. First of all, under the auction contract the Receivers were entitled to receive and have received a 10 per cent deposit. Whether that deposit was paid or not paid is not in the event material. If I'm going to be banned from my property how do I move the cattle? 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. 37. We would also like to set optional cookies to improve our site and bring you more . 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. Shares were issued on the sending of the allotment letter, not when the shares came to be registered in the company's books. 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. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. MR JUSTICE MORGAN: Some of these orders are going to take effect immediately, some are going to take effect tomorrow. 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. 76. The wife got the family home as a life interest and a tax free annuity. 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. 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. Please log in or sign up for a free trial to access this feature. 330. He is not in practical terms able to redeem the charges so he is not able to convey free from the charges. 1 - 3 National Westminster Bank. 25% off till end of Feb! Since the making of the order for possession a number of things have happened, not all of which I need recite. 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. In that sense it was to be a 100 per cent mortgage. 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. 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. 46. National Westminster Bank Plc v Hunter and Another: ChD 23 Nov 2011 - swarb.co.uk National Westminster Bank Plc v Hunter and Another: ChD 23 Nov 2011 Reasons for dismissal of claim under section 91. You have had months, you have had chances, you have behaved the way the evidence shows. 80. 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. 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. 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. 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. Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. Although Mr Hunter has entered into conflicting contracts, it may very well be the case due to the connection with K Hunter and Sons Limited that it will not sue Mr Hunter for damages because he is unable to perform those contracts. Right, any other point on the draft order? Making that contract, as I say, does not take from him his equity of redemption. ( a) the names and addresses of the members; ( b) the date on which each person was registered as a member; and. change. 12. Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. 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 They are in essentially the same terms, save that they relate to different parcels of land. Sentencing Remarks of Mrs Justice Cockerill. 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. 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. National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Practical Law Case Page D-000-1223 (Approx. It may be that the auction contract was an involuntary contract on his part. Is there a system to do that, sir? 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. 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. The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. 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. Mr Hunter replied by an e-mail received at 14.07 on that day. So that is the order. Thereafter she was absolutely entitled to the . [1991] 2 AC 93, [1991] 3 All ER 41, [1991] 2 WLR 1177. 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. 10. Jurisdiction code: Breach of Contract, Disability Discrimination, Maternity and Pregnancy Rights, Sex Discrimination. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. 13. There is an effective contract by Mr Hunter to sell to Mr Taylor's company. Because he is unable to perform them they will not be performed and title will be available to be transferred to Mr Taylor's company. 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. 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.". 7. MR HUNTER: Do you have the power to ban me from public footpaths? 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. I don't understand the system, sir. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. Sat 11 Feb 23. The e-mail was in these terms: "Further to our recent correspondence, I am writing to you again to make an increased offer of 1.550 million to be paid in 12 months' time. He was ordered by the Aylesbury County Court to remove the cattle by a date in the past. The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. Mr Hunter, under the rules you have 21 days to serve an appellant's notice. 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. It seems to have been intended that the reference should be to the two contracts originally entered into in February and varied on 14th July 2011. MISS WINDSOR: Might I flag up simply that insofar as he does [inaudible] an application for permission to appeal, in a moment I shall be inviting your Lordship to abridge time. Mr Hunter told me that the amount of money to be borrowed from UK Farm Finance Limited was not less than 1.55 million. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. It was acquired by the Royal Bank of Scotland in 2000. 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. 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. Venue: HALL PLACE #4. In those circumstances, the cattle being on the land in the possession of the bank under the control of the Receivers it seems to me that at that point in time, if not earlier -- and I decide nothing about the earlier period -- that the cattle will be under the control of the bank which seeks this order. 16. The agreed price is 1.505 million. 22. 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. Read the full decision in Mrs L . In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. You will just have to be patient a little longer. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. I have been shown a number of authorities on the operation of section 91(2). MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. GBX. Nestle v National Westminster Bank: ChD 1988. Our 67,404 banking and credit card complaints stem from our 26 million accounts. 68. 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. 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. MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. Orr. 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.