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36. 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 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. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. Get 1 point on providing a valid sentiment to this Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. That means section 12 applies. 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 . Hunter v Canary Wharf; Hussey v Palmer; Hydeshire Ltd's Application, Re; Hypo-Mortgage Services v Robinson (I) IAM Group plc v Chowdrey; . 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. MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. It is fair to say that the impression given by the two chronologies is somewhat different. You will just have to be patient a little longer. 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. In the course of his submissions to me today Mr Hunter questioned the bank's entitlement to appoint those Receivers. National Westminster Bank. 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. 78. The charge is a defined phrase which enables one to see it is a reference to the charges in favour of National Westminster Bank, to which I have referred. 32. 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. I assume any potential bidders are aware of the above information as they should be. Lekan Akanni. 74. 55. I do not accept that submission. 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. It may be convenient at this point before considering the application of section 91(2) to that state of affairs to investigate a matter which has been very much in dispute in the course of argument. 1 - 3 National Westminster Bank. MISS WINDSOR: No, because the consequence of that is [inaudible]. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. 46. 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. Working with your business. 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. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. 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. Public Company Incorporated: 1968 Employees: 110,000 Assets: 98.64 billion (US$178.4 billion) Stock Index: London New York Tokyo National Westminster Bank (NatWest) was created in 1968 by the merger of three major banks all established in the early 19th century: the District Bank, the National . But the land has been sold by contract to Mr Taylor's company. It was paid by cheque and the cheque has cleared. 81. MR JUSTICE MORGAN: So you want an order for today? MR JUSTICE MORGAN: There is something before that, is there? National Westminster Home Loans Ltd. Nationwide Building Society. MISS WINDSOR: The relevant provisions are CPR 52.4, page 1541 of the White Book. 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. 53. Nestle v National Westminster Bank plc [1992] EWCA Civ 12 is an English trusts law case concerning the duty of care when a trustee is making an investment. (NWBD) Add to my list. 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. 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. 87. The cattle are chattels personal and are therefore goods and therefore the statutory provisions apply to the cattle. 84. It seemed to emerge in the course of argument that Mr Taylor is known to Mr Hunter and it also seemed to emerge that the buyer is not Mr Taylor personally but is a company controlled by Mr Taylor. 49. MISS WINDSOR: Although that does not have to be included in the bundle. 2 storeys and attic. Miss Windsor, is there a point about public footpaths that needs to be considered? In that correspondence it seemed to be common ground that K Hunter and Sons Limited or Mr Hunter were not in a position to pay the full amount of the purchase price at or around that time, indeed it would be necessary for an unspecified part of the purchase price to remain outstanding on mortgage for 12 months. In particular, part of Kirkdene has been sold. Making that contract, as I say, does not take from him his equity of redemption. True it is that the auction is not something Mr Hunter took part in or has come about in accordance with his wishes, but when he signed the charge, when he permitted the bank to appoint Receivers, when he gave the Receivers the power to sell as agents for the mortgagor, Mr Hunter put in train a series of events which has led in law to the situation that Mr Hunter has contracted to sell to Mr Taylor's company. The case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. 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. 21. The last outstanding life interest under the trust was that of her father John, who died in 1986. * Enter a valid Journal (must [1991] 2 AC 93, [1991] 3 All ER 41, [1991] 2 WLR 1177. 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 . There is a second application before the Court----. 57. It is possible this bank is of similar date and by the same architect. 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. 13. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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. 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. 02/23. Venue: HALL PLACE #4. At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. I do not have any evidence to judge what the measure of damages might be, but that would be the legal consequence. My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. MR HUNTER: But can I? 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. NATIONAL WESTMINSTER BANK PLC. Confirmation statement filters Accounts Capital Charges Confirmation statements . contains alphabet). 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. 10 (National Westminster. 23. 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. By section 352 of the Act of 1985: " (1) Every company shall keep a register of its members and enter in it the particulars required by this section. 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. Not only do we facilitate the sharing of data but we also utilise our investigative . 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. 45. 3. That statement fits very badly with the correspondence on 14th July 2011. We use necessary cookies to make our site work. Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! 54. 38. MR JUSTICE MORGAN: There is a Court of Appeal. National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. 30. Nor can I change the position in Mr Hunter's favour by granting some relief by way of injunction or otherwise against the Receivers. MR HUNTER: Yeah, I'd like to appeal it, please, sir. 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. 72. 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. Branches were almost immediately opened at Brighton, Canterbury, Croydon, Lewes, Maidstone, Sevenoaks, Tonbridge, Tunbridge Wells and Woolwich. 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. 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. 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. 42. 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. Sentencing Remarks of Mrs Justice Cockerill. The last statement in the letter from UK Farm Finance Limited was, I repeat, that funds were available for draw down as at 14th July 2011. 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. 73. v. Arthur Young McClelland Moores & Co. (Practice Note) . Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. Shares were issued on the sending of the allotment letter, not when the shares came to be registered in the company's books. The agreed completion date is expressed to be five business days after a certain condition has been satisfied. It is also relevant to refer to a limited company which is called K Hunter and Sons Limited. 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. 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. The other matter concerns the way in which the payment was to be made. 1. On 26 February Jordan hosted a meeting at Aqaba between Israel and the Palestinian National Authority (PNA). Read the full decision in Mrs L . The contracts provided for the buyer to take the land free from the bank's charge. Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. ", 25. 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. Sorry, I don't understand what you're asking for. The mortgagor put forward a number of reasons why the mortgagor should have conduct of the sale, one of those perceived benefits was that the mortgagor could remain in possession and resist an order for possession or the enforcement of an order for possession in favour of the mortgagee. MR JUSTICE MORGAN: Yes. 91. It is agreed that all of the land with which this case is concerned is subject to one or other of those two charges. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. However, pursuant to the draft order which is before the Court I am invited to order and I will order a number of restrictions of Mr Hunter's future conduct. 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. MISS WINDSOR: This is the first I have heard of it. 6. 65. 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. This is a very impressive building indeed, the facade is really eye catching as is the dome atop the building, its a great example of Victorian architecture at its best ,The National Westminster Bank Building is . National Westminster Bank Plc (1968-date), established in London, is part of NatWest Group. NatWest Group HR. 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. He is not in practical terms able to redeem the charges so he is not able to convey free from the charges. It provided for payment of a deposit of 1. MR JUSTICE MORGAN: Some of these orders are going to take effect immediately, some are going to take effect tomorrow. The contracts appear to be in essentially the same terms apart from the identity of the land and the price.