MR JUSTICE MORGAN: There is something before that, is there? 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. MR JUSTICE MORGAN: Right. Shares were issued on the sending of the allotment letter, not when the shares came to be registered in the company's books. What do you say I should do? 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. In the course of submissions today I asked Mr Hunter what his practical proposals might be to bring to an end the state of affairs whereby the bank was being prevented from having possession, as the Court has held it is entitled to do, by reason of his conduct. 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 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. 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. 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. 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. 65. MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. 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. The trust fund was then worth about andpound;50,000. 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. 53. Because, of course, first of all the application would be considered on paper and then Mr Hunter would have a possible right to renew his application orally. 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. So just reading the section alone one questions what it is the Court would be doing if it was to interfere with the state of affairs that has come about out of court. MR JUSTICE MORGAN: You are not being given the opportunity to move the cattle, as I understand it. In case of any confusion, feel free to reach out to us.Leave your message here. Privatbank 2. Working with your business. 32. MR JUSTICE MORGAN: I am not sure, what have I precisely said about that? 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. It is therefore the case that the Court has jurisdiction notwithstanding the dissent of the bank to direct a sale of the mortgaged property. MR JUSTICE MORGAN: So you want an order for today? The future of this land has had to be addressed. 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. . In that wa, Mr Hunter decided in February 2011 that he would sell the land which remained subject to the charges to the company K Hunter and Sons Limited to which I have referred. You have done this with full knowledge that I am still in possession of Manor Farm, Pitchcott. Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. 35. MR HUNTER: The section 91 and the second application, sir. Is that clear? In these circumstances, if it is a relevant question to ask whether the Receivers did the right thing when they took the property to auction and sold it at auction, as compared with cancelling the auction and continuing to talk to Mr Hunter, my conclusion is that they plainly and unarguably took the better course. 54. Their payments fell into arrears and the building society started proceedings for repossession. 66. 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. 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. By Clause 3.1.3 in particular Mr Hunter agreed that he would not without the bank's prior written consent dispose of the charged property. 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. The contracts appear to be in essentially the same terms apart from the identity of the land and the price. The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. It is also relevant to refer to a limited company which is called K Hunter and Sons Limited. 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. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. "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. 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. 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. Nestle v National Westminster Bank: ChD 1988. Before confirming, please ensure that you have thoroughly read and verified the judgment. 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 I would be minded to make an order that he do it straight away while he is here, otherwise he will seek to take advantage of the difficulty in tracking him down, which may take a few days. Miss Windsor, is there a point about public footpaths that needs to be considered? MR JUSTICE MORGAN: Right. The Second Defendant is his wife, Mrs Karen Hunter. The contract was to be completed six months from the date of the contract. Interact directly with CaseMine users looking for advocates in your area of specialization. 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. National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Practical Law Case Page D-000-1223 (Approx. 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. 2 pages) Ask a question National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Toggle Table of Contents Table of Contents. Decision date: 6 May 2021. They are in force. 44. 16. England and Wales High Court (Chancery Division), National Westminster Bank Plc v Hunter & Anor. 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. So that is the order. 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. England and Wales. 86. 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. 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. 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. For my part I do not see any reason why I should stop you attaching a penal notice, even if I had power to do so, as to which I am far from clear. MR JUSTICE MORGAN: Yes. Mr Hunter has one point in his favour in this comparison, he says that the price to be paid by K Hunter and Sons Limited is 1.55 million. I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. Do you want to say anything about the points of details save for the general points? National Westminster Bank Plc (1968-date), established in London, is part of NatWest Group. By Clause 4.3 the bank is given the power to appoint a Receiver. That is generally regarded as the appropriate action of a bank or a Receiver who has a duty to take steps to obtain a proper price for the security. MISS WINDSOR: Subject to handwritten amendments, yes. 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. I am not satisfied of either of those. 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. The contracts provided for the buyer to take the land free from the bank's charge. 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". 59. I say that because this case does not turn upon which contract is first in time. Paragraphs 4 and 5 they are to sell the stock. 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. Citations: [1985] 2 WLR 588; [1985] AC 686. The leading authority which identified the potential of the sub-section is the decision of the Court of Appeal in Palk v. Mortgage Services Funding Plc [1993] Ch. It provided for payment of a deposit of 1. As a matter of simple mathematics that is a higher figure than the price to be paid under the auction contract of 1.505 million. We use necessary cookies to make our site work. MR HUNTER: But can I? 7. GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. 67. 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. 0.00%. 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. NatWest Group - Mortgages. National Westminster Bank v Somer [2002] QB 1286 5. MR JUSTICE MORGAN: Some of these orders are going to take effect immediately, some are going to take effect tomorrow. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). I don't know if you do, but I'm just asking that question, sir. There have been further communications between Mr Hunter and the bank in the period from February 2011 to July 2011. Players. The funds were available for draw down as at 14th July 2011.". Mr Hunter has himself prepared a chronology which he has placed before me. It is possible this bank is of similar date and by the same architect. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. Rights have been acquired by Mr Taylor's company, Mr Taylo's compoany is on the face of it entitled to pursue those rights. I have referred to the land which is the subject matter of the charge. National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; 38. 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.
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