44. 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. Bank. But if you cannot come to terms then you will be irrelevant and all these things will be done no matter what you think. True it is that the auction is not something Mr Hunter took part in or has come about in accordance with his wishes, but when he signed the charge, when he permitted the bank to appoint Receivers, when he gave the Receivers the power to sell as agents for the mortgagor, Mr Hunter put in train a series of events which has led in law to the situation that Mr Hunter has contracted to sell to Mr Taylor's company. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. 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. Mr Hunter has persistently said in the course of his submissions that he did not make that contract, he is not bound by it, he is not the seller. Ethan Crane . National Westminster Bank Football Club is a football club based in Beckenham, England. Interact directly with CaseMine users looking for advocates in your area of specialization. 330. 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. 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. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. 13. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. MR JUSTICE MORGAN: You cannot fail to understand that. The Court of Appeal is there to correct errors made by judges such as myself. . Currently, both domestic bank account numbers and IBAN are in circulation. Nor can I change the position in Mr Hunter's favour by granting some relief by way of injunction or otherwise against the Receivers. Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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. Main Road. 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. This offer is open for acceptance until 4.30 p.m. MR JUSTICE MORGAN: The second application is brought by the bank. So that is the order. 8. 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. The particulars of sale referred to the land. As the months went by the bank considered what course it should take and at some point it considered it should sell the land by auction in a conventional way. This is a very impressive building indeed, the facade is really eye catching as is the dome atop the building, its a great example of Victorian architecture at its best ,The National Westminster Bank Building is . change. Miss Windsor, is there a point about public footpaths that needs to be considered? 0 - 3 London Legends FC. 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. Using IBAN since United Kingdom has officially introduced the IBAN system in April 2001. O. Olley v Marlborough Court [1949] 1 KB 532 Omnium D'Enterprises v Sutherland [1919] 1 KB 618 Oscar Chess Ltd v Williams [1957] 1 WLR 370 . 93. 19. 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. Is it said to be wrong in law or is it said to be unfair or is it said to be wrong in fact? I will refer to the contract in relation to the bulk of the land. I shall be asking the Court to make a direction under CPR 52.4 to be the period be seven days in this case. In that sense it was to be a 100 per cent mortgage. Well, I will deal with that in a moment. Taxpayer stake in Natwest reduced again as government sells shares. The Claimant claimed damages . I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. The other matter concerns the way in which the payment was to be made. We have discussed paragraph 3. The contracts provided for the buyer to take the land free from the bank's charge. MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. I can see in detail what the parties said to each other because they said it in writing in documents sent by e-mail which have been produced in evidence. 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 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. They are currently members of the Amateur Football Combination . MR JUSTICE MORGAN: My understanding is that you do not need permission from the Court to attach a penal notice, it is a matter for you. 2 - 0 Beckenham FC. MR HUNTER: The section 91 and the second application, sir. There is no evidence before me that that consent was obtained or given. 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. You are not to go there, you are not to interfere. MISS WINDSOR: This is the first I have heard of it. 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. The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. 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. Whether that deposit was paid or not paid is not in the event material. 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. You have had months, you have had chances, you have behaved the way the evidence shows. In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. 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. MR JUSTICE MORGAN: Right. NATIONAL WESTMINSTER BANK PLC. Lord Keith of Kinkel, Lord Griffiths, Lord Oliver of Aylemton, Lord Jauncey of Tullichettle. The Second Defendant is his wife, Mrs Karen Hunter. The Receivers submit that they did the right thing by putting the property up for auction and getting the best bid at auction. Players. 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 HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. But the land has been sold by contract to Mr Taylor's company. 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. 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 Contains public sector information licensed under the Open Government Licence v3.0. The agreed price is 1.505 million. 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. You are not free to disregard them just because you want to tell the Court of Appeal that they were wrong. What strikes one from reading section 91(2) of the Law of Property Act 1925 is that it gives the Court in appropriate circumstances a power to order the sale of property. 45. Not only do we facilitate the sharing of data but we also utilise our investigative . GRAHAM STAPLES, secretary, 10 May 1994 - 1 May 1994. Sat 11 Feb 23. Venue: CLUB LANGLEY Pitch 1. History [ edit] In 1970, the club was formed as a result of the merger between National Provincial Bank and Westminster Bank to form NatWest. ", 25. Joe Bumpus. Paragraph 2 says you are not to go there. 4. The court set down the principles to be applied in abuse of process cases, where a . If you are to get any modification of these orders you will have to in your own interests act extremely quickly. National Westminster Bank v Somer [2002] QB 1286 5. Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. 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. 47. The bank appointed Receivers in relation to all of the charged property on 14th January 2010. 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. 10. The funds were available for draw down as at 14th July 2011.". 1 - 3 National Westminster Bank. 84. The contracts of 23rd February 2011 have not been completed. Dressed stone, slate roof. There have been further communications between Mr Hunter and the bank in the period from February 2011 to July 2011. 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. Let me see what Mr Hunter says about those two matters and his application for permission. 51. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. 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. 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. The last outstanding life interest under the trust was that of her father John, who died in 1986. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. 91. Accordingly, the question of selling the land has been one of the matters at the front of anyone's consideration. Thereafter she was absolutely entitled to the . MISS WINDSOR: Although that does not have to be included in the bundle. National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. MR JUSTICE MORGAN: Mr Hunter pays the costs for the two applications on the standard basis to be subject to a detailed assessment? BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. Facts. 59. 48. "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. They agreed, subject to a legal charge on . 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. No such deposit was on offer from K Hunter and Sons Limited. Confirmation statement filters Accounts Capital Charges Confirmation statements . 0.00%. 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. 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. 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. 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. 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. It is clear that it is in Mr Hunter's interest to decline to cooperate and to make life difficult to the bank, although it is not in Mr Hunter's interest for him to break Court orders as he, on the face of it, has done, the Court orders to which I refer including an order made by the District Judge in the County Court on 31st August 2011, which required Mr Hunter to remove his stock from the land. There is no application before the Court today to have the appointment set aside or to have the Receivers removed. I do not have any evidence to judge what the measure of damages might be, but that would be the legal consequence. 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. It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. The position is that the contract which has come into existence following the auction is between Mr Hunter as seller, acting through the Receivers, and Mr Taylor's company, but when it comes to the transfer of title pursuant to that contact title will not be transfered by a transfer executed by Mr Hunter as transferor, it will instead be transfered pursuant to a transfer executed by the bank as chargee. MR JUSTICE MORGAN: Just looking at your penal notice it will say paragraph 2 or 3. 43. Prima facie, if the same person enters into two contracts for the sale of the same piece of land both contracts are binding in the law of contract, although there is a plain inconsistency between them and the Court may have to determine what remedies to give to which purchaser and in what circumstances. We use necessary cookies to make our site work. 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. I have used the phrase not less than because Mr Hunter did not seem to quarrel with the suggestion I put to him that UK Farm Finance Limited would make various charges for fees and other matters in connection with the provision of finance. 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. Walking down Lord Street and turning onto Church Street in Fleetwood is the wonderful National Westminster Bank Building. The lot would obviously need to be withdrawn from the auction now if this offer is acceptable to you. 61. Mr Hunter has himself prepared a chronology which he has placed before me. Venue: HALL PLACE #4. Before confirming, please ensure that you have thoroughly read and verified the judgment. MR HUNTER: One strikes the mind, sir. If it sued Mr Hunter for specific performance of that contract it would prima facie be entitled to it certainly so long as Mr Hunter remains the owner of the land. 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. National Westminster Bank. 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. Sentencing Remarks of Mrs Justice Cockerill. That would have left a balance of 2.5 million, which I am told in the course of argument has risen further by reason of fees and charges being added to the principal debt. Right, any other point on the draft order? National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Practical Law Case Page D-000-1223 (Approx. National Westminster Bank Plc (1968-date), established in London, is part of NatWest Group. So I do not think there is any inconsistency in the order. 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 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. As I have indicated the contracts of February 2011 were not completed. Mr Taylor's company has acquired contractual rights. The Receivers have actually got the maps, sir. In the course of his submissions to me today Mr Hunter questioned the bank's entitlement to appoint those Receivers. 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. 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? 83. Newbury Building Society. Mr Hunter has been very well aware for a considerable period of months that the bank has wanted him to remove his cattle. The bank has prepared a draft order which has been considered in the course of submissions today. - but doesn't want them to do that. 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 . It is plain to me that he will continue to be uncooperative and difficult in similar ways to those which he has manifested in recent times. National Westminster Bank plc - Branch Network. 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. They're there, they're on the map, sir. Ctrl + Alt + T to open/close . 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. 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 note that your letter is silent on these points. The Court will simply not tolerate that conduct continuing. 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. Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. 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. Mr Hunter, of course, will not be released from his covenant to pay the remainder of the debt. Hunter v Canary Wharf; Hussey v Palmer; Hydeshire Ltd's Application, Re; Hypo-Mortgage Services v Robinson (I) IAM Group plc v Chowdrey; . A debenture which provided that a charge over book debts was a specific (i.e. 74. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. On 26th August 2011 Mr Hunter applied in the Aylesbury Count Court for the following order -- I read from the application notice: "Application to permit me to complete a contract entered into in February 2011, varied on 14th July 2011, to sell Maple Barn, two barn conversions, farm buildings and 104 acres of farmland to K Hunter and Sons Limited for 1.55 million." Then there is the question of funding. 54. There are well known authorities including Property & Bloodstock Limited v Emerton [1968] Ch.94, which say that when a mortgagee contracts to sell the mortgaged property the equity of redemption is suspended between the making of the contract and completion and is finally extinguished upon completion of that contract. It was paid by cheque and the cheque has cleared. 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. MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. National Westminster Bank, byname NatWest, former British bank holding company with branches and subbranches in the United Kingdom and operations across the world. Working with your business. England and Wales. 36. 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. Is there a public footpath across the land? What is unusual about the present case is that there is no dispute but that this property must be sold. MISS WINDSOR: The relevant provisions are CPR 52.4, page 1541 of the White Book. 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. Lekan Akanni. 60. Those proceedings were started in the Aylesbury County Court by a claim form dated 29th June 2010. By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. Adam Billey. 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. Is there a system to do that, sir? Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. The Court cannot undo that contract. 24. 2 storeys and attic. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. It was acquired by the Royal Bank of Scotland in 2000. 76. 2. I will consider the effect of these contracts without regard to the impact of section 91(2) and the I will consider the possible impact of the statutory provision.
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