I don't know if you do, but I'm just asking that question, sir. 58. 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. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. Mr Hunter has himself prepared a chronology which he has placed before me. I note that your letter is silent on these points. That is in place of 3(ii), is it? 13. MR JUSTICE MORGAN: Right. At any rate, I proceed on that basis for today's purposes. It was acquired by the Royal Bank of Scotland in 2000. 39. 53. 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? The court set down the principles to be applied in abuse of process cases, where a . If there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. Ctrl + Alt + T to open/close . That condition is in extra special condition 11 which is in these terms: "11.1, the condition will be satisfied on the date that the seller has informed the buyer that the cattle that were on the lot as at the date of the auction as shown on the sale of memorandum, the auction date, has been removed. 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. The Receivers submit that they did the right thing by putting the property up for auction and getting the best bid at auction. You have had months, you have had chances, you have behaved the way the evidence shows. The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. 21. Having set out the relevant facts, having identified the legal position under the various contracts which have come into existence, having informed myself of the way in which the jurisdiction under section 91(2) has been and should be exercised, in my judgment this does not begin to be a case in which the Court should intervene and upset the arrangements which have been brought into existence. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). MR HUNTER: I think both, sir. Orr. change. 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. So that is the order. That company was acquired off-the-shelf in around February 2007. Sat 18 Feb 23. MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. Now, outside court if you and the Receivers can come to a practical solution of the kind Miss Windsor has referred to nothing in the order stops that because the Receivers can give you permission to go there for a limited purpose, nothing in the order stops that. By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. 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. "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. MR JUSTICE MORGAN: There is something before that, is there? You are not to go there, you are not to interfere. 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: Just looking at your penal notice it will say paragraph 2 or 3. You have done this with full knowledge that I am still in possession of Manor Farm, Pitchcott. Mr Hunter replied by an e-mail received at 14.07 on that day. Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. [4] Those are the principal matters of fact which are material to the application to which I next refer. That's correct? MISS WINDSOR: I invite you to make the order as drafted, save at paragraph 3 (ii) be replaced by some machinery for Mr Hunter to sign the draft as handed up to your Lordship instead. The argument is not about what the Receivers can do today but is instead what they should have done prior to the holding of the auction on 14th July 2011. 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. MR JUSTICE MORGAN: The second application is brought by the bank. 5. 76. 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. 4. National Westminster Home Loans Ltd. Nationwide Building Society. MR JUSTICE MORGAN: You are not being given the opportunity to move the cattle, as I understand it. 142.75. The bank wishes to sell, the bank has taken steps to sell, the bank has gone about the matter in a way which cannot be undone, certainly not on the application of Mr Hunter as mortgagor. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. 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. Enhance your digital presence and reach by creating a Casemine profile. 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. 49. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. MR JUSTICE MORGAN: Right. Mr Hunter, of course, will not be released from his covenant to pay the remainder of the debt. MR JUSTICE MORGAN: Well, let me see. Hunter v Canary Wharf; Hussey v Palmer; Hydeshire Ltd's Application, Re; Hypo-Mortgage Services v Robinson (I) IAM Group plc v Chowdrey; . In relation to the contract relating to Manor Farm, in addition to the change of date there is one further change, that is the purchase price, which had previously been 922,500, has been revised to 1,542,500. In June 2018, judgment was handed down dismissing Mr Broomhead (the "Claimant" )'s claim against National Westminster Bank plc (the "First Defendant") and The Royal Bank of Scotland plc (the "Second Defendant") concerning the Claimant's business banking relationship with the First Defendant. 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. I am also asked to make orders providing for service in connection with possible committal applications. 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. 10. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. contains alphabet). There is a second application before the Court----. I remain open to further negotiations. Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? Currently, both domestic bank account numbers and IBAN are in circulation. 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. Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. Newbury Building Society. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. 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. Right, any other point on the draft order? 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. 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. 91. MR HUNTER: I ask for the right to appeal, sir. This case concerns agricultural land and buildings at Manor Farm, Pitchcott, Aylesbury and at Kirkdene, Pitchcott, Aylesbury. 41. In other words, you have to do this very rapidly indeed if you are to do anything at all. That statement fits very badly with the correspondence on 14th July 2011. MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. 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. 7. 44. The bic codes below belong to NATIONAL WESTMINSTER BANK PLC bank and/or any of its branches across all countries and cities in the world. - but doesn't want them to do that. Not only do we facilitate the sharing of data but we also utilise our investigative . [2] It is the leading English case and a banker's right to combine accounts, [3] and also an important decision relating to insolvency set-off. MR JUSTICE MORGAN: Right. Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. 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. While he has tended to the cattle it may be that the bank has not done anything to interfere with or tend to the cattle itself. Nor can I change the position in Mr Hunter's favour by granting some relief by way of injunction or otherwise against the Receivers. MR HUNTER: One strikes the mind, sir. 17. National Westminster Bank v Somer [2002] QB 1286 5. 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. MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. On 26 February Jordan hosted a meeting at Aqaba between Israel and the Palestinian National Authority (PNA). Citing: Applied - Henderson v Henderson 20-Jul-1843. Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. So that is the order. 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. 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 way in which Mr Hunter went about assessing a suitable price for such a sale to the connected company was to take a valuation of the entirety of the charged property, to deduct from it the proceeds of sale on the sale of part of Kirkdene and to arrive at a resulting figure. 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. 6 bay facade. There is one other matter relating to the contract to which I ought to refer. Is it said to be wrong in law or is it said to be unfair or is it said to be wrong in fact? GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. 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. Further, under section 12(1)(a) Mr Hunter is already in breach of an obligation to take delivery of the cattle. Contains public sector information licensed under the Open Government Licence v3.0. 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. Whether that came before the other contracts of 14th July or after it in my judgment makes no difference. Because he is unable to perform them they will not be performed and title will be available to be transferred to Mr Taylor's company. The wife got the family home as a life interest and a tax free annuity. 68. The plaintiff was the remainder beneficiary under the will trust of her grandfather, who died in 1922. MR JUSTICE MORGAN: Do you have it in a form that he could sign straight away? Citations: [1985] 2 WLR 588; [1985] AC 686. 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. 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. Shares were issued on the sending of the allotment letter, not when the shares came to be registered in the company's books. The definition continues but it is not necessary for me to read it out. MISS WINDSOR: This is the first I have heard of it. MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. 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. Is that clear? In that sense it was to be a 100 per cent mortgage. In National Bank of Greece, Lord Hailsham applied a multi-factorial test in determining source of interest. On that date at around 12.18 pm, Mr Hunter sent an e-mail to the bank. 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. 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. Mr Hunter has raised a number of questions today in argument as to the way in which the bank or the Receivers went about the sale of part of Kirkdene. Let me invite Mr Hunter to deal with that. 15. Courts, sentencing and tribunals; John Trenberth v. National Westminster Bank [1979, Eng. Accordingly, the question of selling the land has been one of the matters at the front of anyone's consideration. The bank brought possession proceedings against Mr and Mrs Hunter. National Westminster Bank Ltd v Barclays Bank International Ltd [1975] 1 QB 654 (17 June 1974) is a decision of the High Court relating to the duty of care of a bank in relation to forged cheques with respect to persons other than their customer. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. The agreed completion date is expressed to be five business days after a certain condition has been satisfied. 3. 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. The contracts of 23rd February 2011 separately relating to land at Manor Farm and land at Kirkdene have had the dates of the contracts on the cover sheet and within the body of the contract changed from 23rd February 2011 to 14th July 2011. 22. MR HUNTER: Yeah, I'd like to appeal it, please, sir. 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. 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. Our 67,404 banking and credit card complaints stem from our 26 million accounts. 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. I will refer to the contract in relation to the bulk of the land. 23. So under these contracts Mr Hunter on the face of it was contracting to sell land which was subject to a charge charging a liability to pay a sum of money well in excess of 2.5 million for a purchase price of 930,000. Get 1 point on adding a valid citation to this judgment. The auction contract identifies further terms which apply to this sale. 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. 73. 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.