22. 31. On 26 February Jordan hosted a meeting at Aqaba between Israel and the Palestinian National Authority (PNA). Do you have anything to say about costs? But if you cannot come to terms then you will be irrelevant and all these things will be done no matter what you think. . Privatbank 2. 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. 71. In that wa, Mr Hunter decided in February 2011 that he would sell the land which remained subject to the charges to the company K Hunter and Sons Limited to which I have referred. 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. 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 was paid by cheque and the cheque has cleared. I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). 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. Whether that came before the other contracts of 14th July or after it in my judgment makes no difference. Citation. Regina (Financial Conduct Authority) -v-. MR JUSTICE MORGAN: Some of these orders are going to take effect immediately, some are going to take effect tomorrow. Well, I will deal with that in a moment. Hudson v Secretary of State for Social Services, Jones v Secretary of State for Social Services [1972] 1 All ER 145, [1972] AC 944, [1972] 2 WLR 210, HL. Ordinarily the time limit for lodging appellant's notice is 21 days. Mr Taylor's company has acquired contractual rights. MR HUNTER: But can I? 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. 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. There is one other matter relating to the contract to which I ought to refer. MR JUSTICE MORGAN: Yes. 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. 10 (National Westminster. The resulting figure was 930,000. Also taking into account that I am still in possession of Manor Farm, Pitchcott, proof of funding can certainly be provided for a part payment up-front with a second charge in 12 months' time and I am happy to negotiate a figure with yourself that would acceptable to the bank and to myself. 87. The particulars of sale referred to the land. I will consider the effect of these contracts without regard to the impact of section 91(2) and the I will consider the possible impact of the statutory provision. Plainly, the bank's primary concern was to realise the value of its security so as to reduce the indebtedness owed to it. Read the full decision in Mrs L . 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. 19. 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. The powers of the Receiver are spelt out in Clause 5 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 Court of Appeal considered that it had jurisdiction to make an order in those circumstances. They are in essentially the same terms, save that they relate to different parcels of land. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. The time has come for this state of affairs to be brought to an end by direct intervention by the bank assisted by the Court's order and so I will make the order which I am asked to make. 76. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. MISS WINDSOR: The relevant provisions are CPR 52.4, page 1541 of the White Book. Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. ", 29. 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. 89. I will start the comparison by looking at the position of K Hunter and Sons Limited. 59. It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. Those are the principal matters of fact which are material to the application to which I next refer. Sat 18 Feb 23. 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. 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. MR JUSTICE MORGAN: I am making an order that you do not go on that land. England and Wales High Court (Chancery Division), National Westminster Bank Plc v Hunter & Anor. 33. Is there a public footpath across the land? 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. That is in place of 3(ii), is it? 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. This case concerns agricultural land and buildings at Manor Farm, Pitchcott, Aylesbury and at Kirkdene, Pitchcott, Aylesbury. The future of this land has had to be addressed. 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. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! Ch., Walton J. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. Accordingly, the question of selling the land has been one of the matters at the front of anyone's consideration. The plaintiff was the remainder beneficiary under the will trust of her grandfather, who died in 1922. 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. It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. MR JUSTICE MORGAN: And that is to be without prejudice to any powers you would have to recover costs----. MR JUSTICE MORGAN: So you want an order for today? MR JUSTICE MORGAN: Right. Ctrl + Alt + T to open/close . MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. Thereafter she was absolutely entitled to the . 58. I turn then to the contracts made on 14th July 2011, if that is the correct date, in favour of K Hunter and Sons Limited. Hunter v Canary Wharf; Hussey v Palmer; Hydeshire Ltd's Application, Re; Hypo-Mortgage Services v Robinson (I) IAM Group plc v Chowdrey; . The Court of Appeal decision in National Westminster Bank Plc. The contracts provided for the buyer to take the land free from the bank's charge. Orr. 91. MR JUSTICE MORGAN: You are not being given the opportunity to move the cattle, as I understand it. 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. My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. Brief history This joint stock bank was established in Southwark in 1836 as Surrey, Kent & Sussex Banking Co. Brief history In 1968 National Provincial Bank (including its subsidiary District Bank) and Westminster Bank, two of Britain's 'Big Five' banks, agreed to merge as National Westminster Bank. Having done that, Mr Hunter entered into two contracts of sale, one relating to a small area of land at Kirkdene for 7,500 and the other relating to the bulk of the land at a price of 922,500. I shall be asking the Court to make a direction under CPR 52.4 to be the period be seven days in this case. There is a second application before the Court----. 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. National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. 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." Interact directly with CaseMine users looking for advocates in your area of specialization. 41. It has not been served with notice of this application and has not had an opportunity to put forward its position. The 14th July was a significant date because it was the date fixed for an auction of the charged property. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. MR JUSTICE MORGAN: There is a Court of Appeal. I do not accept that submission. 13 December 2021. 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. Our 67,404 banking and credit card complaints stem from our 26 million accounts. In that case both the mortgagor and the mortgagee wished to see the property sold. At any rate, I proceed on that basis for today's purposes. 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". In other words, you have to do this very rapidly indeed if you are to do anything at all. England and Wales. It is possible this bank is of similar date and by the same architect. The funds were available for draw down as at 14th July 2011.". Nestle v National Westminster Bank plc [1992] EWCA Civ 12 is an English trusts law case concerning the duty of care when a trustee is making an investment. NATIONAL WESTMINSTER BANK PLC. Under section 13 the Court has the power in relation to goods to which section 12 applies where it is shown that the bank would be entitled to sell the goods if it gave a notice in accordance with schedule 1 to the Act, the Court may then authorise the sale subject to such terms and conditions as may be specified in the order. Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. Lekan Akanni. 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. Included for group value. 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. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. 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 ( a) the names and addresses of the members; ( b) the date on which each person was registered as a member; and. I am not going to start going into a point of that kind at this stage when you have not mentioned it before. You will just have to be patient a little longer. 24. 90. GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. 75. PPI complaints represent 59% of the . 7. 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. London Stock Exchange uses cookies to improve its website. Please log in or sign up for a free trial to access this feature. At First Instance - National Westminster Bank Plc and Another and Barclays Bank Plc and Another v Inland Revenue Commissioners ChD 6-Aug-1993 A business expansion tax plan was valid if it was issued before the Income and Corporation Taxes Act. He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. Just before we deal with that, I am asked to order costs against you in relation to both applications. Right, any other point on the draft order? A hearing took place on 13th July 2011 at Aylesbury County Court to require the cattle to be removed. Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. 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. Phillips LJ, as he then was, said at page 1567: "I recognise the principles of the inherent jurisdiction of the Court" -- I omit certain words -- "but I question whether that principle can justify the Court in exercising its power to order a sale of mortgaged property under section 91 in circumstances where the mortgagee is seeking to enter into possession in order to sell property in which there is negative equity and where the sole object with which the mortgagor seeks that order is to prevent the mortgagee exercising his right to possession so that the mortgagor can negotiate his own sale while in possession. The seller there is again Mr Hunter. He referred to alternatives that might instead have been pursued. I can now pick up the chronology again by referring to what happened at that auction. The husband asked the claimant bank to refinance the loan. Using IBAN since United Kingdom has officially introduced the IBAN system in April 2001. 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. Ethan Crane . On the other hand, this matter has gone on for a considerable time and you have failed to comply with Court orders in the past. Mr Hunter, of course, will not be released from his covenant to pay the remainder of the debt. Taxpayer stake in Natwest reduced again as government sells shares. Constructive trusts and proprietary estoppel often do what unjust enrichment cannot Birks, An Introduction to the Law of Restitution (Clarendon Press, 1989), 89 Fuller,Legal Fictions (Stanford University Press, 1967) Att-Gen for Hong Kong v. Reid [1994] AC 324 Westdeutsche Landesbank v. We use necessary cookies to make our site work. It is pursuant to an application notice of 21st October 2011. 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. 52. Decision date: 6 May 2021. 72. 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. If there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. 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. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). As I have indicated the contracts of February 2011 were not completed. Having considered the effect of the conflicting contracts which exist and the challenge which Mr Hunter has raised to the conduct of the Receivers, I can now go to the ultimate issue which is whether the Court should exercise the jurisdiction it has which would enable Mr Hunter to sell the land to K Hunter and Sons Limited free from the charge, placing himself in breach of the contract with Mr Taylor's company, or whether the Court should make no such order. First of all, under the auction contract the Receivers were entitled to receive and have received a 10 per cent deposit. 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. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. 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. MR JUSTICE MORGAN: I am not here to answer questions. The beneficiaries named were the widow, children and remoter issue of the settlor. The contracts of 23rd February 2011 have not been completed. As the charges are in the same terms it will suffice if I refer to one of them and I will refer to the charge of 6th July 2006. 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. Facts. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. Paragraphs 4 and 5 they are to sell the stock. Nestle v National Westminster Bank This is an appeal by the plaintiff in the action, Miss Nestle, against a judgment of Hoffmann J., given as long ago as 29th June 1988, whereby, at the end of the trial of the action, he dismissed all Miss Nestle's claims against the defendant in the action, National Westminster Bank Plc. Mr Hunter had said in correspondence and has made it clear at the hearing today that the application which he makes is pursuant to the Court's power conferred by section 91(2) of the Law of Property Act 1925. 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. What is unusual about the present case is that there is no dispute but that this property must be sold. I mean, he is entitled to seek to get permission from the Court of Appeal where he will say that what has happened here has been grotesquely unfair, so I am not going to stop him saying things like that. It may be that the auction contract was an involuntary contract on his part. The contact provides for a 10 per cent deposit, 150,500. They're there, they're on the map, sir. Bank. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. 13. 61. Get 1 point on providing a valid sentiment to this It is therefore the case that the Court has jurisdiction notwithstanding the dissent of the bank to direct a sale of the mortgaged property. That means section 12 applies. 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. I am not satisfied of either of those. Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. MR HUNTER: Do you have the power to ban me from public footpaths? It is fair to say that the impression given by the two chronologies is somewhat different. There have been further communications between Mr Hunter and the bank in the period from February 2011 to July 2011. 15. National Wesminster Bank PLC. NB v. London Borough of Haringey, [2011] EWHC 3544 (Fam); [2012] 2 FLR 125; [2012] Fam. Mr Hunter replied by an e-mail received at 14.07 on that day.