93. NATIONAL WESTMINSTER BANK PLC NWBD Company page - Search stock, chart, recent trades, company information, trading information, company news, fundamentals. It is in your interests to get to the Court of Appeal. I will start the comparison by looking at the position of K Hunter and Sons Limited. As I have indicated the contracts of February 2011 were not completed. 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. 6 bay facade. 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." I don't know if you do, but I'm just asking that question, sir. First of all, under the auction contract the Receivers were entitled to receive and have received a 10 per cent deposit. Confirmation statement filters Accounts Capital Charges Confirmation statements . As a matter of simple mathematics that is a higher figure than the price to be paid under the auction contract of 1.505 million. 31. The last outstanding life interest under the trust was that of her father John, who died in 1986. Whether that deposit was paid or not paid is not in the event material. In the suit brought by the beneficiaries it was held by the chancery division that once the trust account was opened, the . The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. It was paid by cheque and the cheque has cleared. MR JUSTICE MORGAN: You are not being given the opportunity to move the cattle, as I understand it. 80. In that case both the mortgagor and the mortgagee wished to see the property sold. The definition continues but it is not necessary for me to read it out. National Westminster Bank Plc v Hunter & Anor | [2011] EWHC 3170 (Ch) | England and Wales High Court (Chancery Division) | Judgment | Law | CaseMine Browse cases England and Wales High Court (Chancery Division) 2011 November National Westminster Bank Plc v Hunter & Anor 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. Dressed stone, slate roof. The position under the auction contract is radically different. 330. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) 9. The 14th July was a significant date because it was the date fixed for an auction of the charged property. There is one other matter relating to the contract to which I ought to refer. 62. MR HUNTER: Sir, I'll be taking legal advice, sir. 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. These powers given by Clause 5 are in addition to all parts conferred on the Receiver under the general law. 11. Mr Hunter was represented by counsel; Mrs Hunter was not represented by a legal representative. This case. 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 . National Westminster Bank Plc - Ventures. That was made on 23rd February 2011. 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". They agreed, subject to a legal charge on . So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. 83. MR JUSTICE MORGAN: Do you have it in a form that he could sign straight away? 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. Published 2 March 2022 Explore the topic. 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. MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. 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. Southwark Crown Court. MR JUSTICE MORGAN: Right. fixed) charge and required the company to pay the proceeds of the debts when received into the company's account with the bank and not otherwise to deal with the debts created a fixed charge over the book debts in accordance with the decision in Siebe . 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. ", 28. 85. Raheem Bucknor. Clause 3 of the charge is headed "Restrictions on charging, leasing, disposing and parting with possession". Orr. 22. It may be that the auction contract was an involuntary contract on his part. It is agreed that all of the land with which this case is concerned is subject to one or other of those two charges. The bic codes below belong to NATIONAL WESTMINSTER BANK PLC bank and/or any of its branches across all countries and cities in the world. He will have to get an appellant's notice drafted---. 15. 82. Click here to remove this judgment from your profile. PPI complaints represent 59% of the . In relation to the contract relating to Manor Farm, in addition to the change of date there is one further change, that is the purchase price, which had previously been 922,500, has been revised to 1,542,500. 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. National Westminster Bank Football Club is a football club based in Beckenham, England. SE 1422 NE (east side) 6/14 No. Enhance your digital presence and reach by creating a Casemine profile. 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. 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. 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. "Even if one assumes that the Chancery Court has the power to order sale of mortgaged property on terms that displaced the mortgagee's right to possession, I do not consider that it follows from this that the County Court as part of its inherent jurisdiction can properly suspend an order or warrant for possession in order to enable the mortgagor to apply to the High Court for an order under section 91. It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. 46. 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. But the land has been sold by contract to Mr Taylor's company. The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. 51. Sorry, I don't understand what you're asking for. If I'm going to be banned from my property how do I move the cattle? 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. Lekan Akanni. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. 54. National Westminster Bank v Daniel: CA 1993 - swarb.co.uk National Westminster Bank v Daniel: CA 1993 The defence contained two contradictory grounds, and the defendant's evidence again contradicted the defences. If you are to get any modification of these orders you will have to in your own interests act extremely quickly. MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. 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. But for today's purposes all I need to record is that it is not necessary for me to form a view whether the contracts with K Hunter and Sons Limited of 14th July 2011 came into existence before the land was knocked down at auction or after that date. The e-mail was in these terms: "Further to our recent correspondence, I am writing to you again to make an increased offer of 1.550 million to be paid in 12 months' time. We pride ourselves on our independence, and our human touch. 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. MR JUSTICE MORGAN: All right. 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. 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. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. 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. I don't know, sir, but you tell me. Sentencing Remarks of Mrs Justice Cockerill. 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. Get 2 points on providing a valid reason for the above The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. In the course of his submissions to me today Mr Hunter questioned the bank's entitlement to appoint those Receivers. MISS WINDSOR: If Mr Hunter would like the three cattle herded through the gate, as he herded the other 87 through, onto his brother's land the Receivers will arrange for the three cattle to be handed over at the gate at that point. Part payment will be paid up-front with the remainder being paid in 12 months' time, which would have to be on a second charge basis. . 47. 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. 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. NB v. London Borough of Haringey, [2011] EWHC 3544 (Fam); [2012] 2 FLR 125; [2012] Fam. 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. 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 seems to me inevitable that I must proceed today on the basis that the Receivers have been validly appointed and have the powers vested in them by the legal charges. 44. 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. 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." The Court of Appeal decision in National Westminster Bank Plc. 76. National Westminster Bank PLC. Mr Hunter had no proposals of a positive or constructive kind to put forward. 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. We would also like to set optional cookies to improve our site and bring you more . 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. Sat 18 Feb 23. 10 (National Westminster. I will take legal advice on it, sir. I need to deal with those matters, albeit briefly. 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 . That's correct? You are also aware that there is waste contaminated by asbestos that has to be removed by 2nd August 2011, which is a condition set by the enforcement notice served by Aylesbury Vale District Council. Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. MR HUNTER: I think both, sir. He has deliberately, in breach of Court orders, refused to do so to gain an advantage by his unlawful conduct. 24. Lanre Akanni. 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. Get 1 point on adding a valid citation to this judgment. No, sir, I think the Court's been unfair and unjust, sir, and I think there are factual statements that I've made, sir, today that have been misinterpreted and also the second application is whether you've given the power to stop me seeing my cattle that the bank has no charge, I don't believe this Court has that power, sir. MR JUSTICE MORGAN: But you are in very considerable need of capable legal advice not later than tomorrow morning I would suggest to get on with this. 58. MR JUSTICE MORGAN: So you want an order for today? 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. 74. 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. Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. [4] 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. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. 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 contact provides for a 10 per cent deposit, 150,500. Thereafter she was absolutely entitled to the . That of course does not take from him his equity of redemption. 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. 86. The resulting figure was 930,000. Is there a public footpath across the land? Bays 2, 3 and 4. are set within octagonal colonnettes surmounted by lantern domed finials, 71. Since the making of the order for possession a number of things have happened, not all of which I need recite. The trust fund was then worth about andpound;50,000. MISS WINDSOR: This is the first I have heard of it. So I do not think there is any inconsistency in the order. Newcote Services Limited. It is possible this bank is of similar date and by the same architect. You have had months, you have had chances, you have behaved the way the evidence shows. So that is as much as I think I can indicate on that. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . The agreed price is 1.505 million. They're there, they're on the map, sir. 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. Section 14(1) defines "goods" to include all chattels personal other than things in action and money.