I have been told you have gone to a solicitor in the past----, MR JUSTICE MORGAN: ----you do not have to tell me, but are you intending to go back to the same person----. 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. 57. 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. 53. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. For the sake of completeness I will start with the contracts of February 2011, although the position there is essentially the same as with the contracts of 14th July 2011 in favour of K Hunter and Sons Limited. MR JUSTICE MORGAN: Now, Miss Windsor, I have refused permission to appeal, but it remains open to Mr Hunter to serve an appellant's notice. Ms A Willis v National Westminster Bank plc: 2205821/2020 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. NatWest Group - Mortgages. 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. Contract Law Case Summaries - Oxbridge Notes 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. MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. National Westminster Bank v Somer [2002] QB 1286 5. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. The other matter concerns the way in which the payment was to be made. 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. 40. He referred to alternatives that might instead have been pursued. The case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. I do not accept that submission. 46. John Trenberth v. National Westminster Bank - Ininet.org Currently, both domestic bank account numbers and IBAN are in circulation. 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. Our 67,404 banking and credit card complaints stem from our 26 million accounts. These powers given by Clause 5 are in addition to all parts conferred on the Receiver under the general law. Nor can I change the position in Mr Hunter's favour by granting some relief by way of injunction or otherwise against the Receivers. The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. Newbury Building Society. Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. However, the comparison ceases to be favourable to Mr Hunter from that point. 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. 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. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 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: One strikes the mind, sir. Mr Hunter, of course, will not be released from his covenant to pay the remainder of the debt. The definition continues but it is not necessary for me to read it out. Quite apart from that being the position between the seller and the buyer, Mr Hunter by entering into that contract would appear to have been in breach of the condition in the charge that he should not dispose of the property without the consent of the bank. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. 330. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. Cayman Islands Cases Reported and Cited N - Judicial I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). 0.00%. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. Bank. 10. 65. 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. I am also asked to make orders providing for service in connection with possible committal applications. That means section 12 applies. Those are the principal matters of fact which are material to the application to which I next refer. Now, they are your cattle but you have put them on land that does not belong to you, at least it is not in your possession more accurately. History [ edit] In 1970, the club was formed as a result of the merger between National Provincial Bank and Westminster Bank to form NatWest. I shall be asking the Court to make a direction under CPR 52.4 to be the period be seven days in this case. 18. The 14th July was a significant date because it was the date fixed for an auction of the charged property. The contract was to be completed six months from the date of the contract. So that is the order. His e-mail stated: "I understand that I am not allowed to [refer to it] in open correspondence, however I will say that Manor Farm will not be auctioned before 4.30/5 p.m. today, which means there is plenty of time to withdraw it. 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. It is fair to say that the impression given by the two chronologies is somewhat different. By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. [1991] 2 AC 93, [1991] 3 All ER 41, [1991] 2 WLR 1177. In that case both the mortgagor and the mortgagee wished to see the property sold. 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. 142.75. You will just have to be patient a little longer. Swift codes for NATIONAL WESTMINSTER BANK PLC (BIC codes) The case of National Westminster Bank plc v Lucas and others Re Estate of Jimmy Savile (deceased) ([2014] EWHC 653 (Ch)) involved a dispute between the Executors and the Trustees of the charitable Will Trust. The charge of 6th July 2006 is in relation to property described as land and buildings at Manor Farm, Pitchcott, Aylesbury, Land Registry title number BM195811, and the charge dated 12th April 2007 relates to land at Kirkdene, Pitchcott, Aylesbury, Land Registry title number BM126848. Brief history In 1968 National Provincial Bank (including its subsidiary District Bank) and Westminster Bank, two of Britain's 'Big Five' banks, agreed to merge as National Westminster Bank. Insofar as the bank seeks an order for sale under section 13 of the Torts (Interference of goods) Act 1977 the point made by Mr Hunter is first that the cattle which are on the land and which might, in breach of the Court orders, in the future be brought onto the land are not "goods" for the purpose of the 1977 Act. He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. I will refer to the buyer as Mr Taylor's company. 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. I do not have any evidence to judge what the measure of damages might be, but that would be the legal consequence. As I have indicated the contracts of February 2011 were not completed. This time the contracts provide for the property to be sold for 1.55 million, but the debt secured by the charge over the properties is again, roughly speaking, 2.5 million to 3 million. Abuse of Process and Re-litigation. Court grants injunction, despite noting that was fairly unreasonable and . MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. 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. Please log in or sign up for a free trial to access this feature. Right, any other point on the draft order? MR JUSTICE MORGAN: Shall I hear what he says about that first? 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. The bank brought possession proceedings against Mr and Mrs Hunter. On that date at around 12.18 pm, Mr Hunter sent an e-mail to the bank. I don't understand the system, sir. 74. 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. 47. Branches were almost immediately opened at Brighton, Canterbury, Croydon, Lewes, Maidstone, Sevenoaks, Tonbridge, Tunbridge Wells and Woolwich. MR JUSTICE MORGAN: Well, let me see. In National Bank of Greece, Lord Hailsham applied a multi-factorial test in determining source of interest. I mean, he is entitled to seek to get permission from the Court of Appeal where he will say that what has happened here has been grotesquely unfair, so I am not going to stop him saying things like that. That state of affairs has come about because Mr Hunter has continued to act unlawfully by having his cattle on the land, no doubt seeking to make a nuisance of himself and no doubt hoping that he will interfere with the contract for sale in favour of Mr Taylor's company. 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. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. Jul 2021. MR HUNTER: The section 91 and the second application, sir. National Westminster Bank v Daniel: CA 1993 - swarb.co.uk 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. Is there a system to do that, sir? 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. What do you say I should do? MISS WINDSOR: This is the first I have heard of it. National Westminster Bank Plc v Morgan [1985] AC 686 Undue influence; presumption; bank vs customer (327 words) Facts The defendants were a married couple who bought a house on mortgage. Dressed stone, slate roof. Hunter v Canary Wharf; Hussey v Palmer; Hydeshire Ltd's Application, Re; Hypo-Mortgage Services v Robinson (I) IAM Group plc v Chowdrey; . 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. PDF Re Spectrum Plus Ltd; National Westminster Bank plc v Spectrum Plus Ltd I assume any potential bidders are aware of the above information as they should be. Sorry, I don't understand what you're asking for. Using IBAN since United Kingdom has officially introduced the IBAN system in April 2001. 48. 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. Do you have anything to say about costs? NATIONAL WESTMINSTER BANK PLC NWBD Company page - Search stock, chart, recent trades, company information, trading information, company news, fundamentals. This is also applied in National Westminster Bank v Hunter. 0 - 3 London Legends FC. 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. Ashe v National Westminster Bank - LawTeacher.net The husband asked the claimant bank to refinance the loan. You are not free to disregard them just because you want to tell the Court of Appeal that they were wrong. 39. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. There is one other matter relating to the contract to which I ought to refer. 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. The future of this land has had to be addressed. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? 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?
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