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. You are not to go there, you are not to interfere. MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. 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. 7. Those are the principal matters of fact which are material to the application to which I next refer. 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. MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. 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 other words, you have to do this very rapidly indeed if you are to do anything at all. 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. You have had months, you have had chances, you have behaved the way the evidence shows. Pursuant to the negotiations with Mr Hunter on 14th July 2011, some at least of the purchase price, perhaps a substantial part of the purchase price, was to be postponed for a 12 month period. Clause 3 of the charge is headed "Restrictions on charging, leasing, disposing and parting with possession". 46. 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. Mr Hunter, I am asked to make an order in detailed terms. Not only do we facilitate the sharing of data but we also utilise our investigative . National Westminster Bank Plc v Hunter Law of Property Act 1925, s.91(2) - Mortgagor having continued interest in right of redemption - Conflicting contracts for sale - Whether mortgagee acted correctly in proceeding to sale by action - Applicability of remedy where sale contracted - Torts (Interference with Goods) Act 1977, s.13 - Order for sale of cattle The Court of Appeal decision in National Westminster Bank Plc. I appreciate your difficulty that you are in person, you have to get legal advice. It is possible this bank is of similar date and by the same architect. It has not been served with notice of this application and has not had an opportunity to put forward its position. 13 December 2021. MR JUSTICE MORGAN: Shall I hear what he says about that first? Mr Hunter says that the cattle are in his possession, they are under his control, they are not in the possession of the bank, they are not under the control of the bank. They are in essentially the same terms, save that they relate to different parcels of land. 79. A charge over book debts in a debenture which required the proceeds of the book debts to be paid into an account with the bank but placed no restriction on the use that could be made of the balance on the account thereafter was a floating and not a fixed charge, Siebe Gorman & Co Ltd v Barclays Bank Ltd (1979) 2 Lloyd's . The contract provides for title to pass to the purchaser pursuant to a Land Registry transfer form, in form TR2, which is to be executed by National Westminster Bank Plc as transferor pursuant to the legal charges. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. National Westminster Bank Plc - Ventures. 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. That of course does not take from him his equity of redemption. It seems to me to be an unnecessary step to require the bank to serve a notice on Mr Hunter requiring him to remove the cattle else they will be sold. It is in your interests to get to the Court of Appeal. MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? I need to deal with those matters, albeit briefly. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. There is an effective contract by Mr Hunter to sell to Mr Taylor's company. The contact provides for a 10 per cent deposit, 150,500. 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. I remain open to further negotiations. MR JUSTICE MORGAN: Some of these orders are going to take effect immediately, some are going to take effect tomorrow. Players. The wife got the family home as a life interest and a tax free annuity. Ch., Walton J. Main Road. 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. Adam Billey. 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. MR JUSTICE MORGAN: ----or one of the orders should not be made, then given that it is going to take effect either immediately or tomorrow the only point in running that appeal is if you can get to the Court of Appeal fast. 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. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! The purchase price under the auction contract was 1,505,000. 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. 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. 1. Those proceedings were started in the Aylesbury County Court by a claim form dated 29th June 2010. I don't know if you do, but I'm just asking that question, sir. 19. 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. National Westminster Bank. London Stock Exchange uses cookies to improve its website. This offer is open for acceptance until 4.30 p.m. Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. True it is that Mr Hunter owns the cattle, the bank does not own the cattle and does not have a security interest in the cattle. 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 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. In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. ", 28. The trust fund was then worth about andpound;50,000. 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. 10. 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. 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. 80. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. ( a) the names and addresses of the members; ( b) the date on which each person was registered as a member; and. 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. MR JUSTICE MORGAN: Right. MISS WINDSOR appeared on behalf of the CLAIMANT. If you want to have some sort of suspension or stay you will have to go to the Court of Appeal at an oral hearing probably and ask for them to be modified. FREDERICK ANDERSON GOODWIN, director, 6 Mar 2000 - 21 Nov 2008. ", 25. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. The Court of Appeal is there to correct errors made by judges such as myself. MR JUSTICE MORGAN: You cannot fail to understand that. Is that a point to ask? Key point The doctrine of inequality of bargaining power was rejected by the House of Lords; the doctrine of undue influence is not subsumed by it Facts Under section 13 the Court has the power in relation to goods to which section 12 applies where it is shown that the bank would be entitled to sell the goods if it gave a notice in accordance with schedule 1 to the Act, the Court may then authorise the sale subject to such terms and conditions as may be specified in the order. contains alphabet). Coordinates Latitude: 53.4064 / 5324'23"N Longitude: -2.9913 / 259'28"W OS Eastings: 334197 OS Northings: 390410 OS Grid: SJ341904 Mapcode National: GBR 72N.YW Mapcode Global: WH877.0MVY Plus Code: 9C5VC245+HF Entry Name: National Westminster Bank Listing Date: 28 June 1952 Grade: II* Source: Historic England Source ID: 1205939 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. Further, under section 12(1)(a) Mr Hunter is already in breach of an obligation to take delivery of the cattle. 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. Is there a public footpath across the land? Mr Hunter, of course, will not be released from his covenant to pay the remainder of the debt. Privatbank 2. 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. The defendant bought a house on mortgage with her husband. Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. In case of any confusion, feel free to reach out to us.Leave your message here. 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. MR JUSTICE MORGAN: There is a Court of Appeal. 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. 52. MISS WINDSOR: [inaudible] the first sentence application for permission to appeal----. I will now give my reasons for the decision I expressed earlier today to dismiss Mr Hunter's application under section 91 of the Law of Property Act 1925 and I will also give brief reasons in relation to the other application before me, the application by the bank for various heads of relief in support of its rights and its orders for possession that have previously been obtained. Branches were almost immediately opened at Brighton, Canterbury, Croydon, Lewes, Maidstone, Sevenoaks, Tonbridge, Tunbridge Wells and Woolwich. Interact directly with CaseMine users looking for advocates in your area of specialization. Do you want to say anything about the points of details save for the general points? MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. By Clause 1.1 of the charge Mr Hunter charged by way of legal mortgage the property which I have described as the subject of the charge. England and Wales High Court (Chancery Division), National Westminster Bank Plc v Hunter & Anor. Facts [ edit] A testator died in 1922 and named his widow, two sons and wives and one grandchild as the beneficiaries. There was some description of some matters in relation to the land which I have been shown as follows. So for all those reasons I will abridge time to 14 days. The judge adjourned the application to be relisted at the next available date after 20th July 2011.". 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. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. 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. MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, 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. 34. The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. - but doesn't want them to do that. GBX. 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. 20. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. MR JUSTICE MORGAN: There is something before that, is there? Mr Hunter had no proposals of a positive or constructive kind to put forward. There is no evidence before me that that consent was obtained or given. Published 2 March 2022 Explore the topic. Right, any other point on the draft order? Get 1 point on providing a valid sentiment to this 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. 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. The other matter concerns the way in which the payment was to be made. MISS WINDSOR: This is the first I have heard of it. 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. Bays 2, 3 and 4. are set within octagonal colonnettes surmounted by lantern domed finials, 76. That would have left a balance of 2.5 million, which I am told in the course of argument has risen further by reason of fees and charges being added to the principal debt. Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. What matters more are the events of the 14th July of this year. Because he is unable to perform them they will not be performed and title will be available to be transferred to Mr Taylor's company. Our 67,404 banking and credit card complaints stem from our 26 million accounts. 87. The auction contract identifies further terms which apply to this sale. 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. Nestle v National Westminster Bank: ChD 1988. These powers given by Clause 5 are in addition to all parts conferred on the Receiver under the general law. So that is the order. 89. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. Paragraph 2 says you are not to go there. The cattle are chattels personal and are therefore goods and therefore the statutory provisions apply to the cattle. MR JUSTICE MORGAN: And they will take effect whether you issue an appellant's notice or do not issue an appellant's notice. The contract was to be completed six months from the date of the contract. Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . We would also like to set optional cookies to improve our site and bring you more . The position under the auction contract is radically different.