BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. My submission would be that even if there is there is no reason why the Court should not injunct the First Defendant from using it. My improved offer of 1.550 million to be paid in 12 months is clearly above the guide price set by Allsops and well in excess of the 1.375 million valuation by Savills. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. 35. Southwark Crown Court. 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 . In the course of his submissions to me today Mr Hunter questioned the bank's entitlement to appoint those Receivers. It is in your interests to get to the Court of Appeal. 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. MR JUSTICE MORGAN: The second application is brought by the bank. That's correct? Those proceedings were started in the Aylesbury County Court by a claim form dated 29th June 2010. Before confirming, please ensure that you have thoroughly read and verified the judgment. 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. MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. 1 - 3 National Westminster Bank. The Court of Appeal is there to correct errors made by judges such as myself. 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. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. 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. GBX. MR JUSTICE MORGAN: I think the position is this, that the bank and the Receivers, for reasons that appear to be good ones, have given up on you, Mr Hunter. Published 2 March 2022 Explore the topic. V - V National Westminster Bank Void 2STH 18/04/20 14:00: Economicals III V - V Fulham Compton Old Boys II Void . Let me invite Mr Hunter to deal with that. Branches were almost immediately opened at Brighton, Canterbury, Croydon, Lewes, Maidstone, Sevenoaks, Tonbridge, Tunbridge Wells and Woolwich. As I will describe in due course, part of the land the subject of the charge of 12th April 2007 has more recently been sold, but the remainder of that land remains subject to that charge. 72. In National Bank of Greece, Lord Hailsham applied a multi-factorial test in determining source of interest. 30. There is one other matter relating to the contract to which I ought to refer. 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. Bank) G. V. II. Mr Hunter had no proposals of a positive or constructive kind to put forward. 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. 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. change. 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. 3. 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. Facts [ edit] A testator died in 1922 and named his widow, two sons and wives and one grandchild as the beneficiaries. Court grants injunction, despite noting that was fairly unreasonable and . Found National Westminster Bank Plc v Hunter & Anor useful? Sentencing Remarks of Mrs Justice Cockerill. MR JUSTICE MORGAN: All right. He also ordered the First Defendant, Mr Hunter, to pay to the bank a sum of money which was a little under 3.5 million. 74. Having done that, Mr Hunter entered into two contracts of sale, one relating to a small area of land at Kirkdene for 7,500 and the other relating to the bulk of the land at a price of 922,500. The husband asked the claimant bank to refinance the loan. The purchase price under the auction contract was 1,505,000. But if you cannot come to terms then you will be irrelevant and all these things will be done no matter what you think. The judge adjourned the application to be relisted at the next available date after 20th July 2011.". The cattle are chattels personal and are therefore goods and therefore the statutory provisions apply to the cattle. This is also applied in National Westminster Bank v Hunter. Miss Windsor, is there a point about public footpaths that needs to be considered? The Second Defendant is his wife, Mrs Karen Hunter. Venue: CLUB LANGLEY Pitch 1. 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. MR JUSTICE MORGAN: I am not here to answer questions. MR JUSTICE MORGAN: And even if I do not give you permission to go to them you are free to go to them and tell them all about it and they will do what is appropriate. P 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. MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? The e-mail was in these terms: "Further to our recent correspondence, I am writing to you again to make an increased offer of 1.550 million to be paid in 12 months' time. 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. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. As I have indicated the contracts of February 2011 were not completed. V NATIONAL WESTMINSTER BANK PLC Analysis On 20 August 2012 Richard Wright signed a discretionary trust of which the National Westminster Bank was the trustee. 91. 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. 53. 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. 80. MR JUSTICE MORGAN: So you want an order for today? He was ordered by the Aylesbury County Court to remove the cattle by a date in the past. 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. By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. The Receivers submit that they did the right thing by putting the property up for auction and getting the best bid at auction. 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. The bank brought possession proceedings against Mr and Mrs Hunter. England and Wales. Let me see what Mr Hunter says about those two matters and his application for permission. 90. 18. It is not necessary to examine further the reason for that, that principle does not apply where the contract is made by the mortgagor as the auction contract in this case was made. MR JUSTICE MORGAN: Which bit of it do you want to appeal? Facts. London Stock Exchange uses cookies to improve its website. 81. So shall we talk about the first and start with you, Miss Windsor? Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . 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 is in place of 3(ii), is it? 76. I am not satisfied of either of those. The seller there is again Mr Hunter. Perhaps more relevantly, there was no evidence to support the suggested funding made available in the course of 14th July 2011 even though the bank asked for such evidence in express terms. The bank appointed Receivers in relation to all of the charged property on 14th January 2010. 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. 54. 50. Plainly, the bank's primary concern was to realise the value of its security so as to reduce the indebtedness owed to it. 14. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. Right, any other point on the draft order? 46. GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. 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. Clause 8 of the contract is headed "Matters affecting the property". 17. Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. They are currently members of the Amateur Football Combination . 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. National Westminster Bank v Daniel: CA 1993 - swarb.co.uk National Westminster Bank v Daniel: CA 1993 The defence contained two contradictory grounds, and the defendant's evidence again contradicted the defences. Brief history This joint stock bank was established in Southwark in 1836 as Surrey, Kent & Sussex Banking Co. 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. New Wave Capital Ltd. Newable Business Finance Ltd. Newable Limited. I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). We have discussed paragraph 3. 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." Bank. 67. 41. Mr Hunter replied by an e-mail received at 14.07 on that day. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. 36. 20. 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. 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. 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. 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. You have had months, you have had chances, you have behaved the way the evidence shows. It is therefore the case that the Court has jurisdiction notwithstanding the dissent of the bank to direct a sale of the mortgaged property. 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. I assume any potential bidders are aware of the above information as they should be. 31. 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. As a not-for-profit member organisation, the aim of National Hunter is to work together to prevent fraud for our members and at the same time to protect victims of fraud. 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 . It is not said that any evidence as to the availability of funding beyond what was stated in the letters was provided to the bank before or on 14th July 2011. 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. ", 27. 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. In that sense it was to be a 100 per cent mortgage. MR JUSTICE MORGAN: Do you want to have access to move them on a particular time? Ch., Walton J. 39. 62. Orr. Lekan Akanni. Included for group value. 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 [2] It is the leading English case and a banker's right to combine accounts, [3] and also an important decision relating to insolvency set-off. I will refer to the contract in relation to the bulk of the land. Do you have anything to say about costs? MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. The wife got the family home as a life interest and a tax free annuity. I note that in earlier correspondence you stated quite categorically that you were unable to raise more than 1.31 million 'now'. National Westminster Bank Plc v Hunter and Another: ChD 23 Nov 2011 - swarb.co.uk National Westminster Bank Plc v Hunter and Another: ChD 23 Nov 2011 Reasons for dismissal of claim under section 91. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. 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. 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. Completion will take place following confirmation from the seller that the cattle have been removed. Against that background, Mr Hunter asks the Court to order a sale of the property and in particular a sale which will be a sale by Mr Hunter to K Hunter and Sons Limited pursuant to the pair of contracts of 14th July 2011.
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