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Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. It is possible this bank is of similar date and by the same architect. We have discussed paragraph 3. 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. National Westminster Bank Plc - Ventures. MR JUSTICE MORGAN: There is a Court of Appeal. 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? 81. Right, any other point on the draft order? 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. What is unusual about the present case is that there is no dispute but that this property must be sold. They're there, they're on the map, sir. Interact directly with CaseMine users looking for advocates in your area of specialization. The powers of the Receiver are spelt out in Clause 5 of the charge. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. 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. 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. 49. So that is the order. Get 1 point on providing a valid sentiment to this 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. 330. 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. In H2 2021, complaints made to the Bank were down ~22% compared to H1 2021. MR HUNTER: I ask for the right to appeal, sir. The final reason for abridging time is that you are bound by a contract to sell Mr Taylor's company and I do not think it is appropriate to place the bank and the Receivers under time pressure where they might end up having difficulty in meeting time limits under the contract. Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. 10 (National Westminster. I note that your letter is silent on these points. 80. Royal Trust Bank v National Westminster Bank plc [1996] BCC 613 was a decision of the Court of Appeal in relation to the nature of a floating charge . It is also the case that there have been further applications to the Court and eventually Mr and Mrs Hunter did leave the land, that is they ceased to reside on any part of the land or buildings. The bank replied in these terms: "Given the proximity of the property being offered for sale at auction, I do not propose to consider your proposal today. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. Is that a point to ask? - but doesn't want them to do that. The sale memorandum states that the deposit was paid, though the evidence is that it was paid the next day, 15th July 2011. That correspondence referred to the topic of potential funding for the intended purchase of the farm. PPI complaints represent 59% of the . 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. * Enter a valid Journal (must The Court of Appeal is there to correct errors made by judges such as myself. Rights have been acquired by Mr Taylor's company, Mr Taylo's compoany is on the face of it entitled to pursue those rights. That is what he has to do to get the appeal up and running, is it? The cattle are chattels personal and are therefore goods and therefore the statutory provisions apply to the cattle. That means section 12 applies. On 26 February Jordan hosted a meeting at Aqaba between Israel and the Palestinian National Authority (PNA). ", 29. In those circumstances, the cattle being on the land in the possession of the bank under the control of the Receivers it seems to me that at that point in time, if not earlier -- and I decide nothing about the earlier period -- that the cattle will be under the control of the bank which seeks this order. v. Arthur Young McClelland Moores & Co. (Practice Note) . In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. 02/23. The resulting figure was 930,000. The contracts provided for the buyer to take the land free from the bank's charge. 82. MISS WINDSOR: Subject to handwritten amendments, yes. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. 48. GRAHAM STAPLES, secretary, 10 May 1994 - 1 May 1994. It is also relevant to refer to a limited company which is called K Hunter and Sons Limited. Nestle v National Westminster Bank: ChD 1988. I will return to the circumstances in which the Court might or might not make such an order after I have considered the effect of the various contracts which have been entered into. 7. . Walking down Lord Street and turning onto Church Street in Fleetwood is the wonderful National Westminster Bank Building. 21. 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. MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. We confirm that the funds would be available to you pursuant to the loan facility offered to have enabled you to complete an agreement for the purchase of the property upon completion of the necessary conveyancing formalities. 50. 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. 47. Raheem Bucknor. 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. 61. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. It is not necessary for today's purposes to decide when it was that Mr Hunter and K Hunter and Sons Limited altered the date on the February contracts to be 14th July 2011. Clause 8 of the contract is headed "Matters affecting the property". 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. 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." 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. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. 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. There was some description of some matters in relation to the land which I have been shown as follows. National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; First of all, under the auction contract the Receivers were entitled to receive and have received a 10 per cent deposit. 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. [1991] 2 AC 93, [1991] 3 All ER 41, [1991] 2 WLR 1177. It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. 52. MR JUSTICE MORGAN: Well, let me see. 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. I assume any potential bidders are aware of the above information as they should be. National Westminster Bank Football Club is a football club based in Beckenham, England. So that is the order. Enhance your digital presence and reach by creating a Casemine profile. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. MR JUSTICE MORGAN: You cannot fail to understand that. The position under the auction contract is radically different. MR JUSTICE MORGAN: Which bit of it do you want to appeal? SE 1422 NE (east side) 6/14 No. MR JUSTICE MORGAN: You are not being given the opportunity to move the cattle, as I understand it. At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. 64. 1. If there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. However, the comparison ceases to be favourable to Mr Hunter from that point. 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. 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. Mr Hunter has been very well aware for a considerable period of months that the bank has wanted him to remove his cattle. I say that because this case does not turn upon which contract is first in time. The contracts appear to be in essentially the same terms apart from the identity of the land and the price. 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: ----and he will have to draft some grounds of appeal. 85. 30. 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. 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. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. 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. Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. 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. 45. Before confirming, please ensure that you have thoroughly read and verified the judgment. The court set down the principles to be applied in abuse of process cases, where a . 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. I have referred to the land which is the subject matter of the charge. 37. BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. MR JUSTICE MORGAN: I am making an order that you do not go on that land. (NWBD) Add to my list. Included for group value. The lot would obviously need to be withdrawn from the auction now if this offer is acceptable to you. We would also like to set optional cookies to improve our site and bring you more . In particular, part of Kirkdene has been sold. 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". 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. However, at the hearing Mr Hunter has referred to a subsequent letter dated 29th July 2011 from UK Farm Finance Limited to K Hunter and Sons Limited. 40. The contract was to be completed six months from the date of the contract. The case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. 69. 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. MR JUSTICE MORGAN: You do not want an order for costs? 14. In National Bank of Greece, Lord Hailsham applied a multi-factorial test in determining source of interest. Our 67,404 banking and credit card complaints stem from our 26 million accounts. FREDERICK INGLIS WATT, director, 4 Sep 2000 - 31 Jan 2006. 62. 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. 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. This works out as three complaints per 1,000 relevant accounts. In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. Delayed London Stock Exchange - 11:35:00 2023-02-27 am EST. I can only give permission if I am satisfied that you have a real prospect of success in the Court of Appeal or there is some other reason why this case should be considered by the Court of Appeal. The beneficiaries named were the widow, children and remoter issue of the settlor. A hearing took place on 13th July 2011 at Aylesbury County Court to require the cattle to be removed. As I have indicated the contracts of February 2011 were not completed. National Westminster Bank. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). Ordinarily the time limit for lodging appellant's notice is 21 days. 65. NatWest Group - Mortgages. There is a second application before the Court----. Ethan Crane . Secondly, I will order that by a very early point, which will be 4 p.m. on Thursday, 24th November 2011, that Mr Hunter deliver to the bank and/or the Receivers all existing cattle passports and all other relevant documentation spelt out in the draft order that relate to the cattle. 70. 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. The battle was between which of the two of them should have conduct of the sale. 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. 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. "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. 12. The bank has prepared a draft order which has been considered in the course of submissions today. In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. MR JUSTICE MORGAN: I am not sure, what have I precisely said about that? The agreed completion date is expressed to be five business days after a certain condition has been satisfied. At any rate, I proceed on that basis for today's purposes. In that correspondence it seemed to be common ground that K Hunter and Sons Limited or Mr Hunter were not in a position to pay the full amount of the purchase price at or around that time, indeed it would be necessary for an unspecified part of the purchase price to remain outstanding on mortgage for 12 months.