Before confirming, please ensure that you have thoroughly read and verified the judgment. Mr Hunter may be right that in the past and up to today he has been in control of the cattle because he has continued in breach of the Court orders to trespass on the relevant land and tend to the cattle. - but doesn't want them to do that. today. New Wave Capital Ltd. Newable Business Finance Ltd. Newable Limited. Venue: HALL PLACE #4. 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. 64. 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. 62. MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. MISS WINDSOR: It may be that my instructing solicitors will apply for the transcript, but they cannot apply to the Court of Appeal for an expedited hearing until such time as the appeal is underway. 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. 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. The matter then turned upon the way in which that jurisdiction should be exercised and in the somewhat special circumstances of that case it was decided that it would be unfair to leave the property unsold and it would be appropriate for the Court to assist the mortgagor by making an order for sale. NB v. London Borough of Haringey, [2011] EWHC 3544 (Fam); [2012] 2 FLR 125; [2012] Fam. Their payments fell into arrears and the building society started proceedings for repossession. 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 assume any potential bidders are aware of the above information as they should be. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. You are not to go there, you are not to interfere. Is that a point to ask? 49. The future of this land has had to be addressed. I can see in detail what the parties said to each other because they said it in writing in documents sent by e-mail which have been produced in evidence. 330. 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. Players. 11. "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. I can now pick up the chronology again by referring to what happened at that auction. Mr Hunter, I am asked to make an order in detailed terms. The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. In case of any confusion, feel free to reach out to us.Leave your message here. 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. 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. England and Wales. Listing NGR: SE2637427830 GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. Right, any other point on the draft order? The sale memorandum records that the seller is Mr Hunter acting by his Receivers. v. Arthur Young McClelland Moores & Co. (Practice Note) . If I'm going to be banned from my property how do I move the cattle? The Court cannot undo that contract. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. 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? Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) 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. The lot would obviously need to be withdrawn from the auction now if this offer is acceptable to you. floating charge. Mr Hunter, under the rules you have 21 days to serve an appellant's notice. MR HUNTER: Do you have the power to ban me from public footpaths? Currently, both domestic bank account numbers and IBAN are in circulation. There are one or two matters of suggested legal principle which are identified in a skeleton argument which has been prepared by or on behalf of Mr Hunter. IBAN Mandatory Although, IBAN can be used for domestic payments in the UK, currently, it is not mandatory. There is no application before me today for any relief in relation to what happened in relation to Kirkdene and it is not necessary for me to go into that matter any further or say anything about it. The purchase price under the auction contract was 1,505,000. 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. 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. 61. 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. ", 27. FREDERICK ANDERSON GOODWIN, director, 6 Mar 2000 - 21 Nov 2008. 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. 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. Using IBAN since United Kingdom has officially introduced the IBAN system in April 2001. National Wesminster Bank PLC. 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. By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. I will refer to the contract in relation to the bulk of the land. National Westminster Bank PLC. 02/23. 31. Mr Hunter cannot apply to set aside the contract in favour of Mr Taylor's company; there is no basis on which he is able to do so. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. 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. 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. MISS WINDSOR appeared on behalf of the CLAIMANT. In other words, you have to do this very rapidly indeed if you are to do anything at all. 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. 2 storeys and attic. 59. MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. MR JUSTICE MORGAN: Right. 82. 7. The sale memorandum states that the deposit was paid, though the evidence is that it was paid the next day, 15th July 2011. MR JUSTICE MORGAN: He is a member of the public and the public has the right. Citing: Applied - Henderson v Henderson 20-Jul-1843. Apart from the change to the date there does not appear to be any other change to the contract relating to land at Kirkdene, the price there remains 7,500, the deposit remains 1. 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. 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. The Second Defendant is his wife, Mrs Karen Hunter. 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. 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. 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. MR JUSTICE MORGAN: Right. 55. Get 2 points on providing a valid reason for the above 91. Those proceedings were started in the Aylesbury County Court by a claim form dated 29th June 2010. Sorry, I don't understand what you're asking for. V - V National Westminster Bank Void 2STH 18/04/20 14:00: Economicals III V - V Fulham Compton Old Boys II Void . Under these contracts Mr Hunter is the seller and K Hunter and Sons Limited, the company controlled by Mrs Hunter, is the buyer. That is what he has to do to get the appeal up and running, is it? The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 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. 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 Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. 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 14th July was a significant date because it was the date fixed for an auction of the charged property. Clause 8 of the contract is headed "Matters affecting the property". Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. Paragraphs 4 and 5 they are to sell the stock. Get 1 point on providing a valid sentiment to this 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. Accordingly, the question of selling the land has been one of the matters at the front of anyone's consideration. 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. National Westminster Bank Plc (1968-date), established in London, is part of NatWest Group. This offer is open for acceptance until 4.30 p.m. Abuse of Process and Re-litigation. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. 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. 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. Our 67,404 banking and credit card complaints stem from our 26 million accounts. SE 1422 NE (east side) 6/14 No. MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. It is not said that those sums were available to K Hunter and Sons Limited, I was told K Hunter and Sons Limited had no assets apart possibly from the benefit of the contract to which I have referred. 8. 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. Formal demands by the bank for payment were made in 1992 and there were intermittent payments by the husband until January 1993, after which he was declared bankrupt. It is not a case where the contract which is first in time is valid and the contract which is second in time lacks legal effect. National Westminster Bank Plc v Hunter and Another: ChD 23 Nov 2011 - swarb.co.uk National Westminster Bank Plc v Hunter and Another: ChD 23 Nov 2011 Reasons for dismissal of claim under section 91. I will take legal advice on it, sir. 68. Brief history This joint stock bank was established in Southwark in 1836 as Surrey, Kent & Sussex Banking Co. 71. Formal demands by the bank for payment were made in 1992 and there were intermittent payments by the husband until January 1993, after which he was declared bankrupt. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). 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. Sat 18 Feb 23. I say that because this case does not turn upon which contract is first in time. For every 1,000 home finance loans that we had outstanding, we received five complaints. If the buyer had sought specific performance the buyer would be entitled to take title subject to the charges, but would have a claim in damages against Mr Hunter. Ordinarily the time limit for lodging appellant's notice is 21 days. He has deliberately, in breach of Court orders, refused to do so to gain an advantage by his unlawful conduct. MR JUSTICE MORGAN: And that is to be without prejudice to any powers you would have to recover costs----. The Receivers have actually got the maps, 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. So I do not think there is any inconsistency in the order. Against that background, Mr Hunter asks the Court to order a sale of the property and in particular a sale which will be a sale by Mr Hunter to K Hunter and Sons Limited pursuant to the pair of contracts of 14th July 2011. It is pursuant to an application notice of 21st October 2011. Courts, sentencing and tribunals; 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. 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. 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. I will return to the circumstances in which the Court might or might not make such an order after I have considered the effect of the various contracts which have been entered into. 6. [1991] 2 AC 93, [1991] 3 All ER 41, [1991] 2 WLR 1177. MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? Illingworth v Houldsworth [1904] AC 355, HL; affg sub nom Re Yorkshire Woolcombers Association Ltd, Houldsworth v Yorkshire Woolcombers Association Ltd [1903] 2 Ch 284, CA. He has, on the face of it -- although it is not for today for me to decide -- deliberately broken orders of the Court seeking to gain advantage by his breach. It is possible this bank is of similar date and by the same architect. Previously, Hunter was Read More Contact Hunter Menton's Phone Number and Email Last Update 11/13/2022 7:20 PM Email h***@natwest.com MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. MR JUSTICE MORGAN: The second application is brought by the bank. MR JUSTICE MORGAN: Mr Hunter pays the costs for the two applications on the standard basis to be subject to a detailed assessment? The bank replied in these terms: "In my letters to you earlier this week I made it clear to you that as a condition of any proposals being accepted and for me to be able to ask the Receivers to withdraw the property from the auction the bank would require your solicitor (1) to pay a non-refundable deposit of 10 per cent of any agreed settlement figure prior to auction and (2) to provide proof of funding. Branches were almost immediately opened at Brighton, Canterbury, Croydon, Lewes, Maidstone, Sevenoaks, Tonbridge, Tunbridge Wells and Woolwich. Let me see what Mr Hunter says about those two matters and his application for permission. Ch., Walton J. 85. ]: 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.) So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. 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. The bank appointed Receivers in relation to all of the charged property on 14th January 2010. change. National Westminster Bank v Morgan [1985] AC 686: Exploitation Cases: Lloyds Bank v Bundy [1975] QB 326: Exploitation Cases: Portman Buliding Society v Dusangh [2000] 2 All ER (Comm) 221: Exploitation Cases: Boustany v Pigott [1995] 69 P & CR 298: Exploitation Cases: Hart v O'Connor [1985] AC 1000: Exploitation Cases: Alec Lobb (Garages) v . In the event that the property remains unsold following this afternoon's auction I would invite you to write to me again tomorrow clearly stating the quantum of the part payment you would intend making now together with proof of funding from your new lender. 38. 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. 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. 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. That certainly means that Mr Hunter is not able to convey title to the charged property to a third party. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. 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.