43. The husband asked the claimant bank to refinance the loan. Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. Shares were issued on the sending of the allotment letter, not when the shares came to be registered in the company's books. MR JUSTICE MORGAN: There is a Court of Appeal. John Trenberth v. National Westminster Bank [1979, Eng. Should the property remain unsold following the auction and you can provide proof of funding from your new lender I shall be happy to give further consideration to your refinancing proposals. 40. 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." New Wave Capital Ltd. Newable Business Finance Ltd. Newable Limited. 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. So under these contracts Mr Hunter on the face of it was contracting to sell land which was subject to a charge charging a liability to pay a sum of money well in excess of 2.5 million for a purchase price of 930,000. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). 10. Under the auction contract the full balance of the purchase price is payable on completion. 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. Hunter v Canary Wharf; Hussey v Palmer; Hydeshire Ltd's Application, Re; Hypo-Mortgage Services v Robinson (I) IAM Group plc v Chowdrey; . 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. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? 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. 4. Rights have been acquired by Mr Taylor's company, Mr Taylo's compoany is on the face of it entitled to pursue those rights. That correspondence referred to the topic of potential funding for the intended purchase of the farm. Whether that deposit was paid or not paid is not in the event material. That is in place of 3(ii), is 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. 86. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. That refers to a contract. 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. 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. 53. The 14th July was a significant date because it was the date fixed for an auction of the charged property. Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) MR JUSTICE MORGAN: I thought we had got into 2011, but tell me the rule again, 52.4? 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. 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. MR HUNTER: One strikes the mind, sir. Clause 3 of the charge is headed "Restrictions on charging, leasing, disposing and parting with possession". There was some description of some matters in relation to the land which I have been shown as follows. 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. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. [4] 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. In case of any confusion, feel free to reach out to us.Leave your message here. NATIONAL WESTMINSTER BANK PLC. So just reading the section alone one questions what it is the Court would be doing if it was to interfere with the state of affairs that has come about out of court. 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 . I don't understand the system, sir. 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. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. 81. Venue: CLUB LANGLEY Pitch 1. Privatbank 2. 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. The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. 85. Nestle v National Westminster Bank: ChD 1988. 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. 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 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. 9. 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. I shall be asking the Court to make a direction under CPR 52.4 to be the period be seven days in this case. In National Bank of Greece, Lord Hailsham applied a multi-factorial test in determining source of interest. I will refer to the buyer as Mr Taylor's company. FREDERICK INGLIS WATT, director, 4 Sep 2000 - 31 Jan 2006. Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . ", 25. Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. 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. 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 HUNTER: The section 91 and the second application, sir. Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. 91. 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 . 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. 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 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? 2 - 0 Beckenham FC. 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 National Westminster Bank Ltd v Barclays Bank International Ltd [1975] 1 QB 654 (17 June 1974) is a decision of the High Court relating to the duty of care of a bank in relation to forged cheques with respect to persons other than their customer. It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. 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. The wife got the family home as a life interest and a tax free annuity. MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? 88. Plainly, the bank's primary concern was to realise the value of its security so as to reduce the indebtedness owed to it. 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. So that is the order. 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. If it sued Mr Hunter for specific performance of that contract it would prima facie be entitled to it certainly so long as Mr Hunter remains the owner of the land. 24. I am not satisfied of either of those. The trust fund was then worth about andpound;50,000. The Receivers have actually got the maps, sir. I have referred to the land which is the subject matter of the charge. There is no evidence before me that that consent was obtained or given. MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. Jurisdiction code: Breach of Contract, Disability Discrimination, Maternity and Pregnancy Rights, Sex Discrimination. 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. The Court will simply not tolerate that conduct continuing. He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. 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. 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. 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. 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. 72. 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. 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. * Enter a valid Journal (must Those are the principal matters of fact which are material to the application to which I next refer. I will refer to the contract in relation to the bulk of the land. He also ordered the First Defendant, Mr Hunter, to pay to the bank a sum of money which was a little under 3.5 million. In the course of his submissions to me today Mr Hunter questioned the bank's entitlement to appoint those Receivers. Unfortunately, based on what I have seen, the possibility of contempt of Court and committal proceedings does appear to be a real one and in the circumstances I am persuaded that I should make the order making committal proceedings operate more smoothly than might otherwise be the case. The Second Defendant is his wife, Mrs Karen Hunter. Paragraph 2 says you are not to go there. The contracts provided for the buyer to take the land free from the bank's charge. MISS WINDSOR appeared on behalf of the CLAIMANT. MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. England and Wales. Let me invite Mr Hunter to deal with that. 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. 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: I am in the middle of giving a judgment dealing with the application. 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. Paragraphs 4 and 5 they are to sell the stock. 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. 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. Under section 12(3) it is open to the bank to serve a particular notice which if it is not complied with will entitle them to sell the goods, namely the cattle. Morgan J [2011] EWHC 3170 (Ch) Bailii Law of Property Act 1925 91 England and Wales Updated: 28 June 2021; Ref: scu.449869 The position under the auction contract is radically different. Decision date: 6 May 2021. Newbury Building Society. That was a case, different from the present case, where the mortgagor suffering from severe negative equity wished to see the property sold and bring to an end the ongoing liability to pay interest, but the mortgagee did not intend to exercise its power of sale and did not wish to see the property sold at that point in the market. SE 1422 NE (east side) 6/14 No. Get 1 point on providing a valid sentiment to this v. Arthur Young McClelland Moores & Co. (Practice Note) . Facts [ edit] A testator died in 1922 and named his widow, two sons and wives and one grandchild as the beneficiaries. The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. 90. 93. You have had months, you have had chances, you have behaved the way the evidence shows. 3. If there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. 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. 19. But possession and control do not turn upon ownership, one man can be the owner and another can be in possession and a third can have control. 42. 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. 87. ( a) the names and addresses of the members; ( b) the date on which each person was registered as a member; and. (NWBD) Add to my list. 64. Is there a system to do that, sir? Confirmation statement filters Accounts Capital Charges Confirmation statements . 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. I do not accept that submission. The Court of Appeal is there to correct errors made by judges such as myself. I will start the comparison by looking at the position of K Hunter and Sons Limited. [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. MR JUSTICE MORGAN: Right. A debenture which provided that a charge over book debts was a specific (i.e. National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Practical Law Case Page D-000-1223 (Approx. I would be minded to make an order that he do it straight away while he is here, otherwise he will seek to take advantage of the difficulty in tracking him down, which may take a few days. Do you have anything to say about costs? The particulars of sale referred to the land. 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. 17. 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 He is not in practical terms able to redeem the charges so he is not able to convey free from the charges. 7. 12. Since the making of the order for possession a number of things have happened, not all of which I need recite. 47. Just before we deal with that, I am asked to order costs against you in relation to both applications. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. 6 bay facade. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. 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. He referred to alternatives that might instead have been pursued. 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 HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. V NATIONAL WESTMINSTER BANK PLC Analysis On 20 August 2012 Richard Wright signed a discretionary trust of which the National Westminster Bank was the trustee. It is fair to say that the impression given by the two chronologies is somewhat different. NATIONAL WESTMINSTER BANK PLC NWBD Company page - Search stock, chart, recent trades, company information, trading information, company news, fundamentals. MR JUSTICE MORGAN: You cannot fail to understand that. 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. Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. The Court of Appeal decision in National Westminster Bank Plc. 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. Mr Taylor's company has acquired contractual rights. Perhaps more relevantly, there was no evidence to support the suggested funding made available in the course of 14th July 2011 even though the bank asked for such evidence in express terms. MR JUSTICE MORGAN: Just looking at your penal notice it will say paragraph 2 or 3. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. It is possible this bank is of similar date and by the same architect. So shall we talk about the first and start with you, Miss Windsor? 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 Claimant claimed damages . That company was acquired off-the-shelf in around February 2007. Mr Hunter told me that the amount of money to be borrowed from UK Farm Finance Limited was not less than 1.55 million. There have been further communications between Mr Hunter and the bank in the period from February 2011 to July 2011. 330. 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." Main Road. 48. National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd In National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd [1972] AC 785 it was held that an agreement between a bank and its customer that the debit on one account could not be set off against the credit on another account was void. MR JUSTICE MORGAN: Do you have it in a form that he could sign straight away? FCA-v-Natwest-Sentencing-remarks-131221.pdf 405.95 kb. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. 89. Their payments fell into arrears and the building society started proceedings for repossession. However, pursuant to the draft order which is before the Court I am invited to order and I will order a number of restrictions of Mr Hunter's future conduct. 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. Please log in or sign up for a free trial to access this feature. What has happened, certainly so far as the bank's submission goes, is that Mr Hunter, acting through the agency of Receivers, has contracted to sell the property. Jul 2021. This is also applied in National Westminster Bank v Hunter. That of course does not take from him his equity of redemption. 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. I say that because this case does not turn upon which contract is first in time. 10 (National Westminster. You have done this with full knowledge that I am still in possession of Manor Farm, Pitchcott. 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. The last outstanding life interest under the trust was that of her father John, who died in 1986. Read the full decision in Mrs L . 30. The purchase price under the auction contract was 1,505,000. In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. National Westminster Bank, byname NatWest, former British bank holding company with branches and subbranches in the United Kingdom and operations across the world. 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. The seller there is again Mr Hunter. 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. 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 HUNTER: So what are you asking for? FREDERICK ANDERSON GOODWIN, director, 6 Mar 2000 - 21 Nov 2008. 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. MR JUSTICE MORGAN: I think what I will do is I will shorten the time for you to serve an appellant's notice from 21 days to 14 days. MR JUSTICE MORGAN: Right. 3. It has not been served with notice of this application and has not had an opportunity to put forward its position. The judge adjourned the application to be relisted at the next available date after 20th July 2011.". Citing: Applied - Henderson v Henderson 20-Jul-1843. The bank has prepared a draft order which has been considered in the course of submissions today. MR HUNTER: Sir, I'll be taking legal advice, sir. At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. Ethan Crane . Newcote Services Limited. 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 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. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. 38. 20. Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. This case concerns agricultural land and buildings at Manor Farm, Pitchcott, Aylesbury and at Kirkdene, Pitchcott, Aylesbury. 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. MR HUNTER: I think both, sir. 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. 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. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! Is that clear? I note that in earlier correspondence you stated quite categorically that you were unable to raise more than 1.31 million 'now'. 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. 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. Sentencing Remarks of Mrs Justice Cockerill. The court also allowed the m/gor to handle the sale himself if the m/gor cannot prove any substantial advantage in refusing the m/gor's request. Until the Court of Appeal grapple with your case these orders will bind you. 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. 84. In other words, you have to do this very rapidly indeed if you are to do anything at all. 74. Mr Hunter was represented by counsel; Mrs Hunter was not represented by a legal representative. There is a second application before the Court----. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. 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. The plaintiff sought summary judgment. 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.