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. MR JUSTICE MORGAN: I am making an order that you do not go on that land. MR JUSTICE MORGAN: Right. 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. 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. MR JUSTICE MORGAN: Right. 70. MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. Mr Hunter cannot apply to set aside the contract in favour of Mr Taylor's company; there is no basis on which he is able to do so. By Clause 4.3 the bank is given the power to appoint a Receiver. National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; 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 If one combines the two phrases "other than any matters other than the charge" what that is saying is that the sale will not be subject to the charge; the buyer under this contract is to take the property free from the charge. 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. Privatbank 2. 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. Do you want to say anything about the points of details save for the general points? IBAN Mandatory Although, IBAN can be used for domestic payments in the UK, currently, it is not mandatory. I can now pick up the chronology again by referring to what happened at that auction. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. 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. Joe Bumpus. Jul 2021. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. 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. The resulting figure was 930,000. Mr Hunter, I am asked to make an order in detailed terms. It has not been served with notice of this application and has not had an opportunity to put forward its position. MR HUNTER: Yeah, I'd like to appeal it, please, sir. Nor can I change the position in Mr Hunter's favour by granting some relief by way of injunction or otherwise against the Receivers. Thereafter she was absolutely entitled to the . I have been shown a number of authorities on the operation of section 91(2). Having considered the effect of the conflicting contracts which exist and the challenge which Mr Hunter has raised to the conduct of the Receivers, I can now go to the ultimate issue which is whether the Court should exercise the jurisdiction it has which would enable Mr Hunter to sell the land to K Hunter and Sons Limited free from the charge, placing himself in breach of the contract with Mr Taylor's company, or whether the Court should make no such order. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. P I am not going to start going into a point of that kind at this stage when you have not mentioned it before. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. The powers of the Receiver are spelt out in Clause 5 of the charge. MISS WINDSOR: This is the first I have heard of it. Pursuant to the negotiations with Mr Hunter on 14th July 2011, some at least of the purchase price, perhaps a substantial part of the purchase price, was to be postponed for a 12 month period. I will refer to the buyer as Mr Taylor's company. Whether that deposit was paid or not paid is not in the event material. v. Arthur Young McClelland Moores & Co. (Practice Note) . The contracts provided for the buyer to take the land free from the bank's charge. Please log in or sign up for a free trial to access this feature. Paragraphs 4 and 5 they are to sell the stock. You will also now be aware of the two papers served at Aylesbury County Court on Monday, 11th July 2011 by Mr Oldham and Mr Malt, who intend to establish their proprietal rights over Manor Farm, Pitchcott. 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: And again factual information in my witness statements haven't been taken account of, sir. Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. 81. The sale memorandum states that the deposit was paid, though the evidence is that it was paid the next day, 15th July 2011. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. Currently, both domestic bank account numbers and IBAN are in circulation. This decision, together with an academic article written by Roy Goode, [1] is sometimes looked upon as the turning point in relation to the stricter requirements in relation to . Well, I will deal with that in a moment. 31. There was some description of some matters in relation to the land which I have been shown as follows. 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. I do not know if I have power to stop you attaching a penal notice, but whether I am right or wrong about that, this is an order the Court makes, it is a mandatory order, which is slightly different from a negative order, but penal notices can attach to a mandatory order. 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. Clause 3 of the charge is headed "Restrictions on charging, leasing, disposing and parting with possession". MISS WINDSOR: No, because the consequence of that is [inaudible]. Mr Hunter, under the rules you have 21 days to serve an appellant's notice. True it is that Mr Hunter owns the cattle, the bank does not own the cattle and does not have a security interest in the cattle. Citations: [1985] 2 WLR 588; [1985] AC 686. They are currently members of the Amateur Football Combination . National Westminster Bank (A/K/A NatWest Bank) is a fully-owned subsidiary of the Royal Bank of Scotland Group, which in March 2000, completed the acquisition of NatWest Bank. 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). 2. A debenture which provided that a charge over book debts was a specific (i.e. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. Orr. 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. For all those reasons I reach the conclusion that this application under section 91(2) must be dismissed. Published 2 March 2022 Explore the topic. Abuse of Process and Re-litigation. 11.2, if the condition has not be satisfied within six months of the auction date then either the buyer or the seller can serve notice on the other to terminate this contract. 30. Mr Hunter had no proposals of a positive or constructive kind to put forward. There is no evidence before me that that consent was obtained or given. 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. You have done this with full knowledge that I am still in possession of Manor Farm, Pitchcott. 86. 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. 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. 10 (National Westminster. MR HUNTER: I think both, sir. 46. By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. In the event that the property remains unsold following this afternoon's auction I would invite you to write to me again tomorrow clearly stating the quantum of the part payment you would intend making now together with proof of funding from your new lender. The immediate difficulty created by those contracts for Mr Hunter is that Mr Hunter was not then and has not since been in a position to redeem the bank's charge. The Second Defendant is his wife, Mrs Karen Hunter. 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. 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. 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 Court of Appeal decision in National Westminster Bank Plc. MR JUSTICE MORGAN: Do you want to have access to move them on a particular time? 50. 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. 01-11-2022 Summary of outcome On 10 October 2022, the High Court handed down its judgment in the appeal of Steiner v National Westminster Bank plc [2022] EWHC 2519. 36. Get 1 point on providing a valid sentiment to this Those are the principal matters of fact which are material to the application to which I next refer. 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. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. MISS WINDSOR: The relevant provisions are CPR 52.4, page 1541 of the White Book. With a mandatory order you have to put in a time and date, but I am going to do that. Whether that came before the other contracts of 14th July or after it in my judgment makes no difference. 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. Under these contracts Mr Hunter is the seller and K Hunter and Sons Limited, the company controlled by Mrs Hunter, is the buyer. "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. By Clause 5.1.4 in particular a Receiver appointed by the bank under the charge has the power to sell the charged property. National Westminster Home Loans Ltd. Nationwide Building Society. The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. National Westminster Bank. 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. 6. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. Since the making of the order for possession a number of things have happened, not all of which I need recite. MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. Lanre Akanni. 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 (1968-date), established in London, is part of NatWest Group. What is unusual about the present case is that there is no dispute but that this property must be sold. As I have indicated the contracts of February 2011 were not completed. London Stock Exchange uses cookies to improve its website. MR HUNTER: But can I? In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 22. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. There is no application before the Court today to have the appointment set aside or to have the Receivers removed. Secondly, completion under the auction contract was to be very much earlier than completion in relation to the contracts of 14th July 2011 or pursuant to the suggested position prior to the auction on that day. Sorry, I don't understand what you're asking for. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. 25% off till end of Feb! They're there, they're on the map, sir. We would also like to set optional cookies to improve our site and bring you more . I have referred to the land which is the subject matter of the charge. In case of any confusion, feel free to reach out to us.Leave your message here. 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. 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. 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. Before confirming, please ensure that you have thoroughly read and verified the judgment. 142.75. The difficulties of a practical kind which are being encountered are described in detail in the evidence which has been put in on behalf of the bank. 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. It would necessarily follow that if that order were to be made that Mr Hunter would be able to make title free from the charge to K Hunter and Sons Limited, so the intervention of the Court would free Mr Hunter from the legal difficulty he is otherwise under. This is also applied in National Westminster Bank v Hunter. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. 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. Mr Hunter has put before me a written argument prepared for him by solicitors whom he has consulted which puts forward the rival point of view. Those changes are initialled; the initials appears to be those of Mr Hunter and his wife, the latter acting on behalf of K Hunter and Sons Limited. 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. 48. The definition continues but it is not necessary for me to read it out. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. That is what he has to do to get the appeal up and running, is it? In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. I will start the comparison by looking at the position of K Hunter and Sons Limited. 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. Dealing with the question of the Court's jurisdiction, Miss Windsor of counsel, who appears on behalf of the bank, initially took the point that the court did not have jurisdiction under this sub-section because by reason of the auction contract or by reason of that and other matters Mr Hunter could not satisfy the Court that he was a person interested in the right of redemption. 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. The court set down the principles to be applied in abuse of process cases, where a . 11.3, in the event that the contract is terminated pursuant to extra special condition 11.2, then the deposit will be returned to the buyer.". MR JUSTICE MORGAN: The second application is brought by the bank. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. 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. MR JUSTICE MORGAN: I am not here to answer questions. 53. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. There is one other matter relating to the contract to which I ought to refer. Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. That is in place of 3(ii), is it? Is there a system to do that, sir? Papamichael v National Westminster Bank Plc & Anor [2002]1 Lloyd's Rep 332 31 Jan 2002 Share Direct link Share on Andrew Hunter KC Call: 1993 Silk: 2012 About us Find us Clerks & staff Academic research panel News, cases & analysis Podcasts Client Area Competition Bulletin Sports Law Bulletin Employee Competition Bulletin Covid-19: Legal Insights