Let me see what Mr Hunter says about those two matters and his application for permission. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. 2. Having set out the relevant facts, having identified the legal position under the various contracts which have come into existence, having informed myself of the way in which the jurisdiction under section 91(2) has been and should be exercised, in my judgment this does not begin to be a case in which the Court should intervene and upset the arrangements which have been brought into existence. MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. I note that in earlier correspondence you stated quite categorically that you were unable to raise more than 1.31 million 'now'. 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. 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. Mr Hunter told me that the amount of money to be borrowed from UK Farm Finance Limited was not less than 1.55 million. The 14th July was a significant date because it was the date fixed for an auction of the charged property. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. 44. It is plain to me that he will continue to be uncooperative and difficult in similar ways to those which he has manifested in recent times. In June 2018, judgment was handed down dismissing Mr Broomhead (the "Claimant" )'s claim against National Westminster Bank plc (the "First Defendant") and The Royal Bank of Scotland plc (the "Second Defendant") concerning the Claimant's business banking relationship with the First Defendant. 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. MR HUNTER: Sir, I'll be taking legal advice, 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. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). It identifies various heads of relief based upon difficulties which the bank says it has encountered because Mr Hunter has continued to keep stock upon the land and has failed to cooperate with efforts made by the bank to have the stock removed from the land. 55. It is fair to say that the impression given by the two chronologies is somewhat different. 18. Mr Hunter has been very well aware for a considerable period of months that the bank has wanted him to remove his cattle. MR JUSTICE MORGAN: Yes. Those are the principal matters of fact which are material to the application to which I next refer. That state of affairs has come about because Mr Hunter has continued to act unlawfully by having his cattle on the land, no doubt seeking to make a nuisance of himself and no doubt hoping that he will interfere with the contract for sale in favour of Mr Taylor's company. MR JUSTICE MORGAN: You cannot fail to understand that. The Receivers submit that they did the right thing by putting the property up for auction and getting the best bid at auction. today. As I have indicated the contracts of February 2011 were not completed. The other matter concerns the way in which the payment was to be made. MR JUSTICE MORGAN: Which bit of it do you want to appeal? 0 - 3 London Legends FC. 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. 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 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. We have discussed paragraph 3. MR JUSTICE MORGAN: Do you have it in a form that he could sign straight away? MR JUSTICE MORGAN: Mr Hunter pays the costs for the two applications on the standard basis to be subject to a detailed assessment? GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. 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. Their payments fell into arrears and the building society started proceedings for repossession. 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. Sat 11 Feb 23. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. Found National Westminster Bank Plc v Hunter & Anor useful? 36. The particulars of sale referred to the land. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. He was ordered by the Aylesbury County Court to remove the cattle by a date in the past. Nestle v. National Westminster Bank plc ; Soud : Odvolac soud : Rozhodnuto : 6. kvtna 1992 : Citace [1992] EWCA Civ 12 , [1993] 1 WLR 1260 Historie ppadu ; Pedchoz akce [2000] WTLR 795; Independent, 4. ervence 1988, (1996) 10 (1) Trust law International 113, 115 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. My submission would be that even if there is there is no reason why the Court should not injunct the First Defendant from using it. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. MISS WINDSOR: [inaudible] the first sentence application for permission to appeal----. NatWest Group HR. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. Paragraph 2 says you are not to go there. Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. Whether that deposit was paid or not paid is not in the event material. 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. 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. 5. Ethan Crane . Law 512, 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. Contains public sector information licensed under the Open Government Licence v3.0. 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. MR JUSTICE MORGAN: And even if I do not give you permission to go to them you are free to go to them and tell them all about it and they will do what is appropriate. I appreciate your difficulty that you are in person, you have to get legal advice. "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. MISS WINDSOR: Although that does not have to be included in the bundle. 16. Do you want to say anything about the points of details save for the general points? In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. 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. It is also relevant to refer to a limited company which is called K Hunter and Sons Limited. If the buyer sought specific performance the buyer would be entitled to take title to the property, but because the property is charged with a debt of 2.5 million or more the buyer would not pay the purchase price to Mr Hunter but would instead have a substantial claim for damages in addition to the remedy of specific performance. MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. There is no application before the Court today to have the appointment set aside or to have the Receivers removed. I note that your letter is silent on these points. 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. 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. 58. MR HUNTER: I think both, sir. 24. It is clear that it is in Mr Hunter's interest to decline to cooperate and to make life difficult to the bank, although it is not in Mr Hunter's interest for him to break Court orders as he, on the face of it, has done, the Court orders to which I refer including an order made by the District Judge in the County Court on 31st August 2011, which required Mr Hunter to remove his stock from the land. 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. contains alphabet). New Wave Capital Ltd. Newable Business Finance Ltd. Newable Limited. National Westminster Bank Plc (1968-date), established in London, is part of NatWest Group. 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. In that case both the mortgagor and the mortgagee wished to see the property sold. 13. The wife got the family home as a life interest and a tax free annuity. * Enter a valid Journal (must In other words, you have to do this very rapidly indeed if you are to do anything at all. Since the making of the order for possession a number of things have happened, not all of which I need recite. Joe Bumpus. 30. I sincerely hope that Mr Hunter will see just how foolish he has been in the conduct on which he has embarked. MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. 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 battle was between which of the two of them should have conduct of the sale. National Westminster Bank Football Club is a football club based in Beckenham, England. 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. Section 91(2) is in these terms: "In any action, whether for foreclosure or for redemption or for sale or for the raising and payment in any manner of mortgage money, the Court on the request of the mortgagee or of any person interested either in the mortgage money or in the right of redemption and notwithstanding that (a) any other person dissents or (b) the mortgagee or any person so interested does not appear in the action and without allowing any time for redemption or for payment of any mortgage money, may direct a sale of a mortgaged property on such terms as it thinks fit, including the deposit in court of a reasonable sum fixed by the Court to meet the expenses of sale and to secure performance of the terms.". The position under the auction contract is radically different. MR JUSTICE MORGAN: Some of these orders are going to take effect immediately, some are going to take effect tomorrow. That is in place of 3(ii), is it? The definition continues but it is not necessary for me to read it out. My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. In the course of submissions today I asked Mr Hunter what his practical proposals might be to bring to an end the state of affairs whereby the bank was being prevented from having possession, as the Court has held it is entitled to do, by reason of his conduct. 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 You will just have to be patient a little longer. If the matter had come before the Court before the auction sale, in theory at any rate, the Court could consider an application to restrain the Receivers from selling the land. 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. 8. MR JUSTICE MORGAN: Shall I hear what he says about that first? We use necessary cookies to make our site work. 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. On the other hand, he is in person. 39. MR JUSTICE MORGAN: There is something before that, is there? 2 - 0 Beckenham FC. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. 10 (National Westminster. Working with your business. 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. So that is the order. We pride ourselves on our independence, and our human touch. I have referred to the land which is the subject matter of the charge. 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. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). Citation. 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. England and Wales. PPI complaints represent 59% of the . So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. 64. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 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. 76. I will refer to the buyer as Mr Taylor's company. I will start the comparison by looking at the position of K Hunter and Sons Limited. National Westminster Bank v Somer [2002] QB 1286 5. 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. Regina (Financial Conduct Authority) -v-. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. 0.00%. 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. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. Then there is the question of funding. 20. 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. So shall we talk about the first and start with you, Miss Windsor? The court set down the principles to be applied in abuse of process cases, where a . 53. Mr Hunter, of course, will not be released from his covenant to pay the remainder of the debt. Raheem Bucknor. 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. 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. Mr Hunter, I am asked to make an order in detailed terms. It is therefore the case that the Court has jurisdiction notwithstanding the dissent of the bank to direct a sale of the mortgaged property. The resulting figure was 930,000. [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 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. 56. So that is the order. 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. Bank. Ordinarily the time limit for lodging appellant's notice is 21 days. 41. 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. MISS WINDSOR: I invite you to make the order as drafted, save at paragraph 3 (ii) be replaced by some machinery for Mr Hunter to sign the draft as handed up to your Lordship instead. You will also now be aware of the two papers served at Aylesbury County Court on Monday, 11th July 2011 by Mr Oldham and Mr Malt, who intend to establish their proprietal rights over Manor Farm, Pitchcott. This decision, together with an academic article written by Roy Goode, [1] is sometimes looked upon as the turning point in relation to the stricter requirements in relation to . John Trenberth v. National Westminster Bank [1979, Eng. 85. The plaintiff sought summary judgment. MR JUSTICE MORGAN: If there is a public footpath and if you come to court asking for this to be varied then that is entirely something you can do and the Court will react to it when it has the evidence on which to act. Privatbank 2. GBX. On that date at around 12.18 pm, Mr Hunter sent an e-mail to the bank. MR JUSTICE MORGAN: The second application is brought by the bank. In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. 38. Dressed stone, slate roof. London Stock Exchange uses cookies to improve its website. The Court of Appeal decision in National Westminster Bank Plc. BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. Mr Hunter has persistently said in the course of his submissions that he did not make that contract, he is not bound by it, he is not the seller. I have been shown a number of authorities on the operation of section 91(2).
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