national westminster bank v hunterkhatim sourate youssouf
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. Confirmation statement filters Accounts Capital Charges Confirmation statements . This is also applied in National Westminster Bank v Hunter. Download Citation | Nestl v National Westminster Bank Plc [1993] 1 WLR 1260, Court of Appeal | Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. 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. Just before we deal with that, I am asked to order costs against you in relation to both applications. The court set down the principles to be applied in abuse of process cases, where a . [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 . National Westminster Bank, byname NatWest, former British bank holding company with branches and subbranches in the United Kingdom and operations across the world. I need to deal with those matters, albeit briefly. Do you have anything to say about costs? 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. They're there, they're on the map, sir. 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. 82. He was ordered by the Aylesbury County Court to remove the cattle by a date in the past. That correspondence referred to the topic of potential funding for the intended purchase of the farm. Those are the principal matters of fact which are material to the application to which I next refer. 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. In H2 2021, complaints made to the Bank were down ~22% compared to H1 2021. On 26 February Jordan hosted a meeting at Aqaba between Israel and the Palestinian National Authority (PNA). Abuse of Process and Re-litigation. Venue: HALL PLACE #4. MR JUSTICE MORGAN: So you want an order for today? In that sense it was to be a 100 per cent mortgage. 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. MR JUSTICE MORGAN: You are not being given the opportunity to move the cattle, as I understand it. We use necessary cookies to make our site work. The bank brought possession proceedings against Mr and Mrs Hunter. The mortgagor put forward a number of reasons why the mortgagor should have conduct of the sale, one of those perceived benefits was that the mortgagor could remain in possession and resist an order for possession or the enforcement of an order for possession in favour of the mortgagee. London Stock Exchange uses cookies to improve its website. 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. There is a second application before the Court----. 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. The leading authority which identified the potential of the sub-section is the decision of the Court of Appeal in Palk v. Mortgage Services Funding Plc [1993] Ch. The position under the auction contract is radically different. 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. You have done this with full knowledge that I am still in possession of Manor Farm, Pitchcott. The 14th July was a significant date because it was the date fixed for an auction of the charged property. With a mandatory order you have to put in a time and date, but I am going to do that. 52. MR JUSTICE MORGAN: There is something before that, is there? IBAN Mandatory Although, IBAN can be used for domestic payments in the UK, currently, it is not mandatory. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. 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. 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 last outstanding life interest under the trust was that of her father John, who died in 1986. 36. Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. The letter is in these terms: "Further to our telephone conversation with your solicitor, we write in confirmation that prior to the auction relating to the properties at Manor Farm on 14th July 2011 we had made a formal offer of finance to you to enable you to purchase Manor Farm, comprising the three residential units and the farm land, for a purchase price of 1,550,000. Players. For every 1,000 home finance loans that we had outstanding, we received five complaints. Lord Keith of Kinkel, Lord Griffiths, Lord Oliver of Aylemton, Lord Jauncey of Tullichettle. Courts, sentencing and tribunals; Found National Westminster Bank Plc v Hunter & Anor useful? ]: 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.) V - V National Westminster Bank Void 2STH 18/04/20 14:00: Economicals III V - V Fulham Compton Old Boys II Void . 1. On the other hand, he is in person. 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. The contract was to be completed six months from the date of the contract. 37. Mr Hunter has one point in his favour in this comparison, he says that the price to be paid by K Hunter and Sons Limited is 1.55 million. Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. Thereafter she was absolutely entitled to the . The bank appointed Receivers in relation to all of the charged property on 14th January 2010. 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. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. National Westminster Bank v Somer [2002] QB 1286 5. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. 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. MR JUSTICE MORGAN: Yes. (NWBD) Add to my list. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. 47. The seller there is again Mr Hunter. Bank) G. V. II. 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. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. So if the amount which remains charged on the property is between 2.5 million and 3 million it is clear that Mr Hunter would not be able to take advantage of a contract to sell for 930,000 without the intervention of the Court. That company was acquired off-the-shelf in around February 2007. National Westminster Bank PLC. They are in force. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). Taxpayer stake in Natwest reduced again as government sells shares. 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. 13 December 2021. That causes me to be a little circumspect about the reliability of the general statements made, not supported by documents which really ought to exist, in the letter of 29th July 2011. MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. 02/23. It was paid by cheque and the cheque has cleared. 44. Do you want to say anything about the points of details save for the general points? We confirm that the funds would be available to you pursuant to the loan facility offered to have enabled you to complete an agreement for the purchase of the property upon completion of the necessary conveyancing formalities. 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. It is not necessary I think to go to every difference and attempt to resolve it. National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; Ctrl + Alt + T to open/close . Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . 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 . In other words, you have to do this very rapidly indeed if you are to do anything at all. Mr Hunter had no proposals of a positive or constructive kind to put forward. I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). 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. ( a) the names and addresses of the members; ( b) the date on which each person was registered as a member; and. The charge is a defined phrase which enables one to see it is a reference to the charges in favour of National Westminster Bank, to which I have referred. 73. Let me see what Mr Hunter says about those two matters and his application for permission. 12. 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. 72. If Mr Hunter seeks to continue the conduct he will place himself in very grave peril of being put in prison for a period of time which will bring home to him the consequences of his conduct. 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. MR JUSTICE MORGAN: Mr Hunter pays the costs for the two applications on the standard basis to be subject to a detailed assessment? That would have left a balance of 2.5 million, which I am told in the course of argument has risen further by reason of fees and charges being added to the principal debt. 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. 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. 13. 90. The contracts of 23rd February 2011 separately relating to land at Manor Farm and land at Kirkdene have had the dates of the contracts on the cover sheet and within the body of the contract changed from 23rd February 2011 to 14th July 2011. Listing NGR: SE2637427830 On 26th August 2011 Mr Hunter applied in the Aylesbury Count Court for the following order -- I read from the application notice: "Application to permit me to complete a contract entered into in February 2011, varied on 14th July 2011, to sell Maple Barn, two barn conversions, farm buildings and 104 acres of farmland to K Hunter and Sons Limited for 1.55 million." Mr Taylor's company has acquired contractual rights. MR JUSTICE MORGAN: Well, I am giving you an opportunity, which you do not have to take, of raising any point of detail on the drafting of the order. 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. Key point The doctrine of inequality of bargaining power was rejected by the House of Lords; the doctrine of undue influence is not subsumed by it Facts 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 . The contracts of 23rd February 2011 have not been completed. 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." 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. There is an effective contract by Mr Hunter to sell to Mr Taylor's company. The battle was between which of the two of them should have conduct of the sale. In particular, part of Kirkdene has been sold. 38. FCA-v-Natwest-Sentencing-remarks-131221.pdf 405.95 kb. I am not satisfied of either of those. The charge of 6th July 2006 is in relation to property described as land and buildings at Manor Farm, Pitchcott, Aylesbury, Land Registry title number BM195811, and the charge dated 12th April 2007 relates to land at Kirkdene, Pitchcott, Aylesbury, Land Registry title number BM126848. The Receivers have actually got the maps, sir. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. 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. At any rate, I proceed on that basis for today's purposes. 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. FREDERICK INGLIS WATT, director, 4 Sep 2000 - 31 Jan 2006. Sentencing Remarks of Mrs Justice Cockerill. 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. By Clause 5.1.4 in particular a Receiver appointed by the bank under the charge has the power to sell the charged property. 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. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. There have been further communications between Mr Hunter and the bank in the period from February 2011 to July 2011. Using IBAN since United Kingdom has officially introduced the IBAN system in April 2001. MR HUNTER: But can I? My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. I do not have any evidence to judge what the measure of damages might be, but that would be the legal consequence. 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. Mr Hunter, of course, will not be released from his covenant to pay the remainder of the debt. 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. National Westminster Bank Plc v Morgan [1985] AC 686 Undue influence; presumption; bank vs customer (327 words) Facts The defendants were a married couple who bought a house on mortgage. 84. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. This time the contracts provide for the property to be sold for 1.55 million, but the debt secured by the charge over the properties is again, roughly speaking, 2.5 million to 3 million. Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. 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. The agreed price is 1.505 million. He will have to get an appellant's notice drafted---. There is no application before the Court today to have the appointment set aside or to have the Receivers removed. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. John Trenberth v. National Westminster Bank [1979, Eng. 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 definition continues but it is not necessary for me to read it out. Since the making of the order for possession a number of things have happened, not all of which I need recite. 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. The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. Plainly, the bank's primary concern was to realise the value of its security so as to reduce the indebtedness owed to it. 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. Should they be successful in Court, which is likely to take six months or more, their tenancies on Manor Farm, Pitchcott will inevitably devalue the properties by up to 50 per cent. 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. If I'm going to be banned from my property how do I move the cattle? In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. 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. National Westminster Home Loans Ltd. Nationwide Building Society. National Westminster Bank Football Club is a football club based in Beckenham, England. 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. 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. 2 pages) Ask a question National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Toggle Table of Contents Table of Contents. 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. It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. 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 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. 32. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. I note that in earlier correspondence you stated quite categorically that you were unable to raise more than 1.31 million 'now'. Under the auction contract the full balance of the purchase price is payable on completion. 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. 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. 57. Paragraphs 4 and 5 they are to sell the stock. England and Wales High Court (Chancery Division), National Westminster Bank Plc v Hunter & Anor. The husband asked the claimant bank to refinance the loan. Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. 23. MR HUNTER: I ask for the right to appeal, sir. You are not to go there, you are not to interfere. I remain open to further negotiations. Lanre Akanni. 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. The wife got the family home as a life interest and a tax free annuity. 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. 42. MR JUSTICE MORGAN: You do not want an order for costs? 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. 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. 49. 67. As the months went by the bank considered what course it should take and at some point it considered it should sell the land by auction in a conventional way. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. 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. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. But if you cannot come to terms then you will be irrelevant and all these things will be done no matter what you think. Accordingly, the question of selling the land has been one of the matters at the front of anyone's consideration. In case of any confusion, feel free to reach out to us.Leave your message here. 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". 74. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. 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. 24. I will refer to the buyer as Mr Taylor's company. That is what he has to do to get the appeal up and running, is it? 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. 39. 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. It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. 330. 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. Delayed London Stock Exchange - 11:35:00 2023-02-27 am EST. 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. NatWest Group HR. Main Road. Newcote Services Limited. 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. O. Olley v Marlborough Court [1949] 1 KB 532 Omnium D'Enterprises v Sutherland [1919] 1 KB 618 Oscar Chess Ltd v Williams [1957] 1 WLR 370 . 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. By Stuart Littlewood. NB v. London Borough of Haringey, [2011] EWHC 3544 (Fam); [2012] 2 FLR 125; [2012] Fam. This case. 19. MR HUNTER: Do you have the power to ban me from public footpaths? MR JUSTICE MORGAN: Right. The contact provides for a 10 per cent deposit, 150,500. It was acquired by the Royal Bank of Scotland in 2000. MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. 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? 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. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. 3. Is that clear? 10 (National Westminster. 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. 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 is not necessary for today's purposes to decide when it was that Mr Hunter and K Hunter and Sons Limited altered the date on the February contracts to be 14th July 2011. I don't know if you do, but I'm just asking that question, sir. England and Wales. Raheem Bucknor. 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. MR JUSTICE MORGAN: There is a Court of Appeal. MR JUSTICE MORGAN: Shall I hear what he says about that first? 2. For my part I do not see any reason why I should stop you attaching a penal notice, even if I had power to do so, as to which I am far from clear. Is it said to be wrong in law or is it said to be unfair or is it said to be wrong in fact?
