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National Westminster Bank PLC. 10. SE 1422 NE (east side) 6/14 No. In particular, part of Kirkdene has been sold. A debenture which provided that a charge over book debts was a specific (i.e. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. He has deliberately, in breach of Court orders, refused to do so to gain an advantage by his unlawful conduct. He is not in practical terms able to redeem the charges so he is not able to convey free from the charges. The last outstanding life interest under the trust was that of her father John, who died in 1986. Click here to remove this judgment from your profile. That's correct? 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. It may be that the auction contract was an involuntary contract on his part. 17. - but doesn't want them to do that. Paragraphs 4 and 5 they are to sell the stock. Confirmation statement filters Accounts Capital Charges Confirmation statements . The bank has prepared a draft order which has been considered in the course of submissions today. 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. This offer is open for acceptance until 4.30 p.m. Whether that deposit was paid or not paid is not in the event material. National Westminster Bank Ltd v Barclays Bank International Ltd [1975] 1 QB 654 (17 June 1974) is a decision of the High Court relating to the duty of care of a bank in relation to forged cheques with respect to persons other than their customer. 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. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. Enhance your digital presence and reach by creating a Casemine profile. It is in your interests to get to the Court of Appeal. 82. 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. [1991] 2 AC 93, [1991] 3 All ER 41, [1991] 2 WLR 1177. 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. Rights have been acquired by Mr Taylor's company, Mr Taylo's compoany is on the face of it entitled to pursue those rights. As I have indicated the contracts of February 2011 were not completed. Get 1 point on adding a valid citation to this judgment. In other words, you have to do this very rapidly indeed if you are to do anything at all. 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. 0 - 3 London Legends FC. MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. Privatbank 2. National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; Sat 11 Feb 23. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. 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. 50. Is that clear? 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. 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. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. It was paid by cheque and the cheque has cleared. 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 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 . If I'm going to be banned from my property how do I move the cattle? Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 49. 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. 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. 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. Published 2 March 2022 Explore the topic. Get 2 points on providing a valid reason for the above 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 . I turn then to the contracts made on 14th July 2011, if that is the correct date, in favour of K Hunter and Sons Limited. 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 . 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. Nestle v National Westminster Bank: ChD 1988. Since the possession action began and since the possession order was made t here has rightly been a great deal of communication between the bank and Mr Hunter. MR JUSTICE MORGAN: Right. MR JUSTICE MORGAN: Shall I hear what he says about that first? 13 December 2021. 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.". IBAN Mandatory Although, IBAN can be used for domestic payments in the UK, currently, it is not mandatory. The Court cannot undo that contract. In National Bank of Greece, Lord Hailsham applied a multi-factorial test in determining source of interest. Brief history This joint stock bank was established in Southwark in 1836 as Surrey, Kent & Sussex Banking Co. 69. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. 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 HUNTER: Yeah, I'd like to appeal it, please, sir. Completion will take place following confirmation from the seller that the cattle have been removed. So if the amount which remains charged on the property is between 2.5 million and 3 million it is clear that Mr Hunter would not be able to take advantage of a contract to sell for 930,000 without the intervention of the Court. If there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. 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. 84. I don't know if you do, but I'm just asking that question, sir. Nestle v National Westminster Bank This is an appeal by the plaintiff in the action, Miss Nestle, against a judgment of Hoffmann J., given as long ago as 29th June 1988, whereby, at the end of the trial of the action, he dismissed all Miss Nestle's claims against the defendant in the action, National Westminster Bank Plc. By Clause 5.1.4 in particular a Receiver appointed by the bank under the charge has the power to sell the charged property. 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. 52. There is no application before the Court today to have the appointment set aside or to have the Receivers removed. MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. MISS WINDSOR: The relevant provisions are CPR 52.4, page 1541 of the White Book. 90. 3. 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. 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 Receivers have actually got the maps, sir. 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. Let me invite Mr Hunter to deal with that. 79. 13. Contains public sector information licensed under the Open Government Licence v3.0. 16. It is possible this bank is of similar date and by the same architect. MR JUSTICE MORGAN: I am making an order that you do not go on that land. 87. 54. National Westminster Bank (A/K/A NatWest Bank) is a fully-owned subsidiary of the Royal Bank of Scotland Group, which in March 2000, completed the acquisition of NatWest Bank. MR HUNTER: One strikes the mind, sir. 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. I have referred to the land which is the subject matter of the charge. If you are to get any modification of these orders you will have to in your own interests act extremely quickly. 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. That decision of the Court of Appeal was followed at first instance in Polonski v. Lloyds Bank Mortgages Limited (1997) 31 Housing Law Reports, 721. The trust fund was then worth about andpound;50,000. 71. MR JUSTICE MORGAN: All right. Plainly, the bank's primary concern was to realise the value of its security so as to reduce the indebtedness owed to it. Mr Hunter, under the rules you have 21 days to serve an appellant's notice. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. 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. 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. 85. floating charge. 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. Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . v. Arthur Young McClelland Moores & Co. (Practice Note) . MR JUSTICE MORGAN: I think what I will do is I will shorten the time for you to serve an appellant's notice from 21 days to 14 days. Mr Hunter has put before me a written argument prepared for him by solicitors whom he has consulted which puts forward the rival point of view. Jurisdiction code: Breach of Contract, Disability Discrimination, Maternity and Pregnancy Rights, Sex Discrimination. 59. Sat 18 Feb 23. 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. 4. The Second Defendant is his wife, Mrs Karen Hunter. * Enter a valid Journal (must MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. MR JUSTICE MORGAN: I thought we had got into 2011, but tell me the rule again, 52.4? 24. There is now insufficient time for the bank to be comfortable as to the terms of your proposals prior to the auction later this afternoon. 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. The position under the auction contract is radically different. I assume any potential bidders are aware of the above information as they should be. 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. MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? ", 25. They are in force. However, the comparison ceases to be favourable to Mr Hunter from that point. 61. The bank appointed Receivers in relation to all of the charged property on 14th January 2010. In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. Please log in or sign up for a free trial to access this feature. National Westminster Bank Plc (1968-date), established in London, is part of NatWest Group. 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? In the suit brought by the beneficiaries it was held by the chancery division that once the trust account was opened, the . MR JUSTICE MORGAN: I am not here to answer questions. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). 57. 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". MR JUSTICE MORGAN: Right. 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. Hunter Menton Senior VP, Sales, Corporate Business Unit at National Westminster Bank Hunter Menton is a Senior VP, Sales, Corporate Business Unit at National Westminster Bank based in London, Greater London. 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. 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. 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. That was a case, different from the present case, where the mortgagor suffering from severe negative equity wished to see the property sold and bring to an end the ongoing liability to pay interest, but the mortgagee did not intend to exercise its power of sale and did not wish to see the property sold at that point in the market. Ctrl + Alt + T to open/close . Lanre Akanni. NATIONAL WESTMINSTER BANK PLC NWBD Company page - Search stock, chart, recent trades, company information, trading information, company news, fundamentals. Mr Hunter conversely contends that the Receivers did the wrong thing by putting the property up for auction when he had made offers of the kind I have described to buy the property. They agreed, subject to a legal charge on . MR JUSTICE MORGAN: Well, let me see. Abuse of Process and Re-litigation. 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. 63. 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. In the course of his submissions to me today Mr Hunter questioned the bank's entitlement to appoint those Receivers. I note that your letter is silent on these points. NatWest Group HR. 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. You have had months, you have had chances, you have behaved the way the evidence shows. The plaintiff sought summary judgment. Right, any other point on the draft order? On 26th August 2011 Mr Hunter applied in the Aylesbury Count Court for the following order -- I read from the application notice: "Application to permit me to complete a contract entered into in February 2011, varied on 14th July 2011, to sell Maple Barn, two barn conversions, farm buildings and 104 acres of farmland to K Hunter and Sons Limited for 1.55 million." GBX. Raheem Bucknor. 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. So I do not think there is any inconsistency in the order. 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. 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. Mr Hunter replied by an e-mail received at 14.07 on that day. 330. 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 Wesminster Bank PLC. These powers given by Clause 5 are in addition to all parts conferred on the Receiver under the general law. 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. MR JUSTICE MORGAN: Right. Sorry, I don't understand what you're asking for. Until the Court of Appeal grapple with your case these orders will bind you. 89. 32. 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. Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? The husband asked the claimant bank to refinance the loan. 60. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. The purchase price under the auction contract was 1,505,000. Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. Citations: [1985] 2 WLR 588; [1985] AC 686. 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. 39. Bays 2, 3 and 4. are set within octagonal colonnettes surmounted by lantern domed finials, 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. The contact provides for a 10 per cent deposit, 150,500. Then there is the question of funding. "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.