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. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. The court set down the principles to be applied in abuse of process cases, where a . On that date at around 12.18 pm, Mr Hunter sent an e-mail to the bank. Players. 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. The bank replied in these terms: "In my letters to you earlier this week I made it clear to you that as a condition of any proposals being accepted and for me to be able to ask the Receivers to withdraw the property from the auction the bank would require your solicitor (1) to pay a non-refundable deposit of 10 per cent of any agreed settlement figure prior to auction and (2) to provide proof of funding. 93. MR JUSTICE MORGAN: You do not want an order for costs? You are asking him to deliver up the passports etcetera by 4 p.m. tomorrow. 50. The Court of Appeal decision in National Westminster Bank Plc. Lanre Akanni. 70. You have had months, you have had chances, you have behaved the way the evidence shows. National Westminster Bank v Morgan - Case Summary This case concerns agricultural land and buildings at Manor Farm, Pitchcott, Aylesbury and at Kirkdene, Pitchcott, Aylesbury. National Westminster Bank PLC. The plaintiff sought summary judgment. NatWest Group HR. 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. 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. 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. What is unusual about the present case is that there is no dispute but that this property must be sold. FCA-v-Natwest-Sentencing-remarks-131221.pdf 405.95 kb. 84. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). Southwark Crown Court. MR JUSTICE MORGAN: I thought we had got into 2011, but tell me the rule again, 52.4? MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. Lord Keith of Kinkel, Lord Griffiths, Lord Oliver of Aylemton, Lord Jauncey of Tullichettle. Plainly, the bank's primary concern was to realise the value of its security so as to reduce the indebtedness owed to it. The contracts of 23rd February 2011 have not been completed. 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." 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 . The auction contract identifies further terms which apply to this sale. BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. 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. - but doesn't want them to do that. 30. 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. Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. Paragraphs 4 and 5 they are to sell the stock. The Court will simply not tolerate that conduct continuing. 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. In other words, you have to do this very rapidly indeed if you are to do anything at all. 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. . 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. But the land has been sold by contract to Mr Taylor's company. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Challenge to remove Jimmy Savile's Executors fails The agreed completion date is expressed to be five business days after a certain condition has been satisfied. I think in our earlier discussion of paragraph 5 I suggested that you put in, insofar as it is necessary, pursuant to section 13 just so that it ties in with paragraph 4. 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. You are also aware that there is waste contaminated by asbestos that has to be removed by 2nd August 2011, which is a condition set by the enforcement notice served by Aylesbury Vale District Council. National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; MR JUSTICE MORGAN: I think in the circumstances I am minded to say the letter should be returned to you signed by 4 p.m. tomorrow. The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). 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." The letter does refer to "a formal offer of finance" which suggests that something in written form and in more detail did exist by 29th July 2011. 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. MISS WINDSOR: The relevant provisions are CPR 52.4, page 1541 of the White Book. That causes me to be a little circumspect about the reliability of the general statements made, not supported by documents which really ought to exist, in the letter of 29th July 2011. 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. Newcote Services Limited. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. 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. MR JUSTICE MORGAN: And they will take effect whether you issue an appellant's notice or do not issue an appellant's notice. The Claimant claimed damages . He has deliberately, in breach of Court orders, refused to do so to gain an advantage by his unlawful conduct. [4] 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. National Westminster Bank Plc v Hunter and Another: ChD - swarb.co.uk MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? John Trenberth v. National Westminster Bank [1979, Eng. They are in essentially the same terms, save that they relate to different parcels of land. 38. Nestl v National Westminster Bank Plc [1993] 1 WLR - ResearchGate What Mr Hunter has not confronted in his application, nor indeed in the course of his submissions to me, is what the effect of that would be in relation to the contract which he has made with Mr Taylor's company. 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. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. 61. 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 I have used the phrase not less than because Mr Hunter did not seem to quarrel with the suggestion I put to him that UK Farm Finance Limited would make various charges for fees and other matters in connection with the provision of finance. Do you have anything to say about costs? Not only do we facilitate the sharing of data but we also utilise our investigative . MR HUNTER: Do you have the power to ban me from public footpaths? Just before we deal with that, I am asked to order costs against you in relation to both applications. 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. MISS WINDSOR: Although that does not have to be included in the bundle. 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.". There is a second application before the Court----. MR JUSTICE MORGAN: Which bit of it do you want to appeal? I remain open to further negotiations. He was ordered by the Aylesbury County Court to remove the cattle by a date in the past. You will just have to be patient a little longer. MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. 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. Mr Hunter, I am asked to make an order in detailed terms. By Stuart Littlewood. 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. So I do not think there is any inconsistency in the order. 6. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. Those proceedings were started in the Aylesbury County Court by a claim form dated 29th June 2010. 68. The position is that the contract which has come into existence following the auction is between Mr Hunter as seller, acting through the Receivers, and Mr Taylor's company, but when it comes to the transfer of title pursuant to that contact title will not be transfered by a transfer executed by Mr Hunter as transferor, it will instead be transfered pursuant to a transfer executed by the bank as chargee. In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. National Westminister Bank Plc v Commissioners of Inland Revenue 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. So shall we talk about the first and start with you, Miss Windsor? However, the comparison ceases to be favourable to Mr Hunter from that point. The wife got the family home as a life interest and a tax free annuity. NATIONAL WESTMINSTER BANK PLC. That is what he has to do to get the appeal up and running, is it? The funds were available for draw down as at 14th July 2011.". PDF Appendix A to the LBHI and SLP3 combined Skeleton Argument appears - PwC 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. MR HUNTER: But can I? 88. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. 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. Included for group value. 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: There is something before that, is there? National Westminster Bank | British company | Britannica A-Z of Cases | Carlil & Carbolic - Law Study Resources The resulting figure was 930,000. The Court of Appeal was in no doubt that in a case where everyone agreed the property should be sold that it was not appropriate to use the jurisdiction of section 91(2) to override the mortgagee's exercise of its power of sale. 75. Lumley v Wagner (1852) 42 ER 687, Court of Chancery September 2020 Derek Whayman Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. United Kingdom IBAN and BIC Format - IBAN Checker: International Bank The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. 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 . 0.00%. MR JUSTICE MORGAN: He is a member of the public and the public has the right. Decision date: 6 May 2021. It is not necessary I think to go to every difference and attempt to resolve it. The position under the auction contract is radically different. 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. 0 - 3 London Legends FC. 48. 14. 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. 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. 9. He will have to get an appellant's notice drafted---. Ordinarily the time limit for lodging appellant's notice is 21 days. 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. In the course of his submissions to me today Mr Hunter questioned the bank's entitlement to appoint those Receivers. It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. 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 86. I note that in earlier correspondence you stated quite categorically that you were unable to raise more than 1.31 million 'now'. Mr Hunter has been very well aware for a considerable period of months that the bank has wanted him to remove his cattle. Arnold v National Westminster Bank Plc: HL 1991 - swarb.co.uk 22. 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. 62. The Court cannot undo that contract. What strikes one from reading section 91(2) of the Law of Property Act 1925 is that it gives the Court in appropriate circumstances a power to order the sale of property. MISS WINDSOR: Subject to handwritten amendments, yes. MR JUSTICE MORGAN: Just looking at your penal notice it will say paragraph 2 or 3. Turning then to the position of Mr Taylor's company, the Court has not been given evidence as to the position of that company or the people standing behind it. MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. Thereafter she was absolutely entitled to the . MR JUSTICE MORGAN: Right. National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd NWB Group Annual Results 2021 4 Financial review continued Summary consolidated income statement for the year ended 31 December 2021 Year ended Retail Private Commercial Central items 31 December Banking Banking & other 2021 2020 Variance m m % Net interest income 3,541 461 2,171 (171) 6,002 5,810 192 3 Non-interest income 345 263 1,040 1,619 3,267 3,145 122 4 Shall we just work out the agenda? Regina (Financial Conduct Authority) -v-. 56. NatWest Group - Mortgages. The definition continues but it is not necessary for me to read it out. ", 25. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. Venue: HALL PLACE #4. 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. 66. You are not free to disregard them just because you want to tell the Court of Appeal that they were wrong. 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. MR HUNTER: I ask for the right to appeal, sir. 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. 35. National Westminster Bank PLC v Spectrum Plus Ltd Brief history This joint stock bank was established in Southwark in 1836 as Surrey, Kent & Sussex Banking Co. If it sued Mr Hunter for specific performance of that contract it would prima facie be entitled to it certainly so long as Mr Hunter remains the owner of the land.