Mr Hunter told me that the amount of money to be borrowed from UK Farm Finance Limited was not less than 1.55 million. 81. 71. 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. Sat 18 Feb 23. The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; 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. In case of any confusion, feel free to reach out to us.Leave your message here. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? 75. National Westminster Bank Plc - Ventures. 87. Raheem Bucknor. 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. Clause 8.1.A reads: "The seller will sell the property free from incumbencies other than any matters other than the charge contained in the land registry entries." Until the Court of Appeal grapple with your case these orders will bind you. 82. 142.75. 44. 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. change. 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. The sale memorandum states that the deposit was paid, though the evidence is that it was paid the next day, 15th July 2011. 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. It is possible this bank is of similar date and by the same architect. Dressed stone, slate roof. 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. That is what he has to do to get the appeal up and running, is it? 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 condition is in extra special condition 11 which is in these terms: "11.1, the condition will be satisfied on the date that the seller has informed the buyer that the cattle that were on the lot as at the date of the auction as shown on the sale of memorandum, the auction date, has been removed. The future of this land has had to be addressed. 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. 31. Their payments fell into arrears and the building society started proceedings for repossession. Since the possession action began and since the possession order was made t here has rightly been a great deal of communication between the bank and Mr Hunter. 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. Let me invite Mr Hunter to deal with that. It has not been served with notice of this application and has not had an opportunity to put forward its position. 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. It is fair to say that the impression given by the two chronologies is somewhat different. The Court of Appeal is there to correct errors made by judges such as myself. MR JUSTICE MORGAN: Shall I hear what he says about that first? It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. Miss Windsor, is there a point about public footpaths that needs to be considered? 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. 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. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. 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. No such deposit was on offer from K Hunter and Sons Limited. 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. [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. There is one other matter relating to the contract to which I ought to refer. MR JUSTICE MORGAN: You cannot fail to understand that. England and Wales. MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. 23. MR JUSTICE MORGAN: I thought we had got into 2011, but tell me the rule again, 52.4? The last outstanding life interest under the trust was that of her father John, who died in 1986. Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. MR JUSTICE MORGAN: I am making an order that you do not go on that land. Mr Hunter, under the rules you have 21 days to serve an appellant's notice. 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. 9. 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 It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. With a mandatory order you have to put in a time and date, but I am going to do that. ", 26. 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. This case concerns agricultural land and buildings at Manor Farm, Pitchcott, Aylesbury and at Kirkdene, Pitchcott, Aylesbury. If there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. 39. 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 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. The lot would obviously need to be withdrawn from the auction now if this offer is acceptable to you. New Wave Capital Ltd. Newable Business Finance Ltd. Newable Limited. 11. 65. I have used the phrase not less than because Mr Hunter did not seem to quarrel with the suggestion I put to him that UK Farm Finance Limited would make various charges for fees and other matters in connection with the provision of finance. Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) 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. The funds were available for draw down as at 14th July 2011.". My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. Included for group value. V - V National Westminster Bank Void 2STH 18/04/20 14:00: Economicals III V - V Fulham Compton Old Boys II Void . MISS WINDSOR: This is the first I have heard of it. 73. 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. By Clause 5.1.4 in particular a Receiver appointed by the bank under the charge has the power to sell the charged property. 58. In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. The seller there is again Mr Hunter. They're there, they're on the map, sir. They are currently members of the Amateur Football Combination . They are in essentially the same terms, save that they relate to different parcels of land. 14. The case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. MR JUSTICE MORGAN: Right. 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. You will just have to be patient a little longer. Is there a system to do that, sir? 59. I do not accept that submission. 18. It does not seem to me to be necessary to adjourn this hearing to hear from Mr Taylor's company. 34. 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. 25% off till end of Feb! The Receivers have actually got the maps, sir. 24. 3. Mr Hunter, I am asked to make an order in detailed terms. 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. 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. National Westminster Bank v Somer [2002] QB 1286 5. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. Contains public sector information licensed under the Open Government Licence v3.0. There is an effective contract by Mr Hunter to sell to Mr Taylor's company. Nestle v. National Westminster Bank plc ; Soud : Odvolac soud : Rozhodnuto : 6. kvtna 1992 : Citace [1992] EWCA Civ 12 , [1993] 1 WLR 1260 Historie ppadu ; Pedchoz akce [2000] WTLR 795; Independent, 4. ervence 1988, (1996) 10 (1) Trust law International 113, 115 52. 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. 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. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. Listing NGR: SE2637427830 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. The immediate difficulty created by those contracts for Mr Hunter is that Mr Hunter was not then and has not since been in a position to redeem the bank's charge. Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. Secondly, I will order that by a very early point, which will be 4 p.m. on Thursday, 24th November 2011, that Mr Hunter deliver to the bank and/or the Receivers all existing cattle passports and all other relevant documentation spelt out in the draft order that relate to the cattle. Those proceedings were started in the Aylesbury County Court by a claim form dated 29th June 2010. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. If I made an order in Mr Hunter's favour under section 91(2) whereby Mr Hunter sold the land to K Hunter and Sons Limited I would place Mr Hunter in breach of contract in favour of Mr Taylor's company. MR JUSTICE MORGAN: Which bit of it do you want to appeal? Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. contains alphabet). MR HUNTER: So what are you asking for? 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. MR JUSTICE MORGAN: And that is to be without prejudice to any powers you would have to recover costs----. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. There is no application before the Court today to have the appointment set aside or to have the Receivers removed. MR HUNTER: But can I? It is also the case that there have been further applications to the Court and eventually Mr and Mrs Hunter did leave the land, that is they ceased to reside on any part of the land or buildings. I will start the comparison by looking at the position of K Hunter and Sons Limited. Sat 11 Feb 23. National Westminster Bank PLC. 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. Ctrl + Alt + T to open/close . The letter does refer to "a formal offer of finance" which suggests that something in written form and in more detail did exist by 29th July 2011. 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. P The last statement in the letter from UK Farm Finance Limited was, I repeat, that funds were available for draw down as at 14th July 2011. . I remain open to further negotiations. At any rate, I proceed on that basis for today's purposes. Paragraph 2 says you are not to go there. Do you have anything to say about costs? 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. So that is the order. Delayed London Stock Exchange - 11:35:00 2023-02-27 am EST. 89. 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. 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. 72. Mr Hunter replied by an e-mail received at 14.07 on that day. Mr Hunter has himself prepared a chronology which he has placed before me. The particulars of sale referred to the land. 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. 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. NatWest Group - Mortgages. 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. Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . 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. 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. I will refer to the buyer as Mr Taylor's company. Facts [ edit] A testator died in 1922 and named his widow, two sons and wives and one grandchild as the beneficiaries. 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. ", 27. By Clause 4.3 the bank is given the power to appoint a Receiver. The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. 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. 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. Decision date: 6 May 2021. The consequence of that will be that the only contract that Mr Hunter is able to perform is the one in favour of Mr Taylor's company. Clause 8 of the contract is headed "Matters affecting the property". Get 1 point on providing a valid sentiment to this In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 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. 1. FREDERICK ANDERSON GOODWIN, director, 6 Mar 2000 - 21 Nov 2008. 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. He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. National Westminster Bank. The Court will simply not tolerate that conduct continuing. 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. 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. 50. The court set down the principles to be applied in abuse of process cases, where a .
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