During the afternoon of 14th July 2011 the firm of Allsops, well-known surveyors and auctioneers, auctioned the land at The Park Lane Hotel, Piccadilly, London, W1. 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 contracts appear to be in essentially the same terms apart from the identity of the land and the price. MR JUSTICE MORGAN: There is something before that, is there? The contact provides for a 10 per cent deposit, 150,500. 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. 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. History [ edit] In 1970, the club was formed as a result of the merger between National Provincial Bank and Westminster Bank to form NatWest. FCA-v-Natwest-Sentencing-remarks-131221.pdf 405.95 kb. Sat 18 Feb 23. 46. MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. MR JUSTICE MORGAN: Well, let me see. The contracts of 23rd February 2011 separately relating to land at Manor Farm and land at Kirkdene have had the dates of the contracts on the cover sheet and within the body of the contract changed from 23rd February 2011 to 14th July 2011. Working with your business. [4] 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. 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." Get 1 point on providing a valid sentiment to this The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. 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. 80. Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . 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. 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. The agreed completion date is expressed to be five business days after a certain condition has been satisfied. They're there, they're on the map, sir. Whether that came before the other contracts of 14th July or after it in my judgment makes no difference. MR JUSTICE MORGAN: I am not here to answer questions. Taxpayer stake in Natwest reduced again as government sells shares. It seems to me incumbent on the mortgagor to seek from the High Court any relief which that Court is empowered to give before the possession warrant takes effect.". It provided for payment of a deposit of 1. The judge adjourned the application to be relisted at the next available date after 20th July 2011.". That condition is in extra special condition 11 which is in these terms: "11.1, the condition will be satisfied on the date that the seller has informed the buyer that the cattle that were on the lot as at the date of the auction as shown on the sale of memorandum, the auction date, has been removed. I assume any potential bidders are aware of the above information as they should be. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. MR HUNTER: One strikes the mind, sir. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 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. Included for group value. 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. The seller there is again Mr Hunter. I have been told you have gone to a solicitor in the past----, MR JUSTICE MORGAN: ----you do not have to tell me, but are you intending to go back to the same person----. BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. So that is the order. Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. 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. A debenture which provided that a charge over book debts was a specific (i.e. It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. I sincerely hope that Mr Hunter will see just how foolish he has been in the conduct on which he has embarked. Bank) G. V. II. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. 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. You are not free to disregard them just because you want to tell the Court of Appeal that they were wrong. 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. MR JUSTICE MORGAN: I thought we had got into 2011, but tell me the rule again, 52.4? Clause 8 of the contract is headed "Matters affecting the property". 2. 91. So shall we talk about the first and start with you, Miss Windsor? MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. 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. I am also asked to make orders providing for service in connection with possible committal applications. Adam Billey. MR JUSTICE MORGAN: Do you have it in a form that he could sign straight away? National Wesminster Bank PLC. 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. Bays 2, 3 and 4. are set within octagonal colonnettes surmounted by lantern domed finials, 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. The purchase price under the auction contract was 1,505,000. 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. 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. 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. 1 - 3 National Westminster Bank. 41. 10. 4. 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 I will hear the parties on any detailed points arising in relation to the order, but in principle it seems to me it is an appropriate order for the Court to make. I was referred to a further authority on the operation of the sub-section, namely Cheltenham and Gloucester Plc v. Krausz [1997] 1 WLR 1558. Sentencing Remarks of Mrs Justice Cockerill. 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. Players. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. Jul 2021. That correspondence referred to the topic of potential funding for the intended purchase of the farm. 11. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. * Enter a valid Journal (must 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. The Receivers have actually got the maps, sir. 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. Get 2 points on providing a valid reason for the above 142.75. MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. National Carriers v Panalpina [1981] A.C. 675 National Westminster Bank v Morgan [1985] AC 686 Nicholl and Knight v Ashton, Eldridge & Co [1901] 2 KB 126 Niersmans v Pesticcio [2004] WTLR 699 . . Mr Hunter, of course, will not be released from his covenant to pay the remainder of the debt. By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. Mr Hunter, under the rules you have 21 days to serve an appellant's notice. 81. contains alphabet). Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. He is not in practical terms able to redeem the charges so he is not able to convey free from the charges. 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. The Court cannot undo that contract. There is one other matter relating to the contract to which I ought to refer. National Westminster Bank. But the land has been sold by contract to Mr Taylor's company. It is not necessary for today's purposes to decide when it was that Mr Hunter and K Hunter and Sons Limited altered the date on the February contracts to be 14th July 2011. I appreciate your difficulty that you are in person, you have to get legal advice. Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. 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. Venue: HALL PLACE #4. 3. 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. 2 storeys and attic. 76. The tribunal held that the House of Lords decision in Westminster Bank Executor and Trustee Co (Channel Islands) Ltd v National Bank of Greece SA [1971] AC 945 remains the only decision that binds the lower courts on this point. The bank has prepared a draft order which has been considered in the course of submissions today. 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. 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. 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. MR JUSTICE MORGAN: Some of these orders are going to take effect immediately, some are going to take effect tomorrow. MR JUSTICE MORGAN: Well, I think, Mr Hunter, given the cleverness of your point that you had better put in some evidence on which I can act that there is a public footpath and then apply to vary the order in relation to it and that will be considered. 5. 13. MR JUSTICE MORGAN: I am making an order that you do not go on that land. Is there a public footpath across the land? It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. So that is as much as I think I can indicate on that. 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. In the suit brought by the beneficiaries it was held by the chancery division that once the trust account was opened, the . You are asking him to deliver up the passports etcetera by 4 p.m. tomorrow. You are not to go there, you are not to interfere. 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. 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. The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. England and Wales. MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. 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. MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. MR JUSTICE MORGAN: All right. 62. I have been shown a number of authorities on the operation of section 91(2). Mr Hunter has been very well aware for a considerable period of months that the bank has wanted him to remove his cattle. The position under the auction contract is radically different. 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. It would necessarily follow that if that order were to be made that Mr Hunter would be able to make title free from the charge to K Hunter and Sons Limited, so the intervention of the Court would free Mr Hunter from the legal difficulty he is otherwise under. I remain open to further negotiations. I will start the comparison by looking at the position of K Hunter and Sons Limited. 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. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application.