national westminster bank v hunter

MR JUSTICE MORGAN: He is a member of the public and the public has the right. 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.". The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. Branches were almost immediately opened at Brighton, Canterbury, Croydon, Lewes, Maidstone, Sevenoaks, Tonbridge, Tunbridge Wells and Woolwich. 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. National Westminster Bank plc - Branch Network. 63. The last letter to which I need refer on 14th July 2011 came by way of reply from Mr Hunter where he said this: "I am most disappointed that you have refused my offer of 1.550 million, which clearly exceeds the valuation by Savills sanctioned by Allsops on 29th June of this year and also exceeds by some way the guide price they had put on it at auction. There is a second application before the Court----. Key point The doctrine of inequality of bargaining power was rejected by the House of Lords; the doctrine of undue influence is not subsumed by it Facts National Westminster Bank PLC v Spectrum Plus Ltd Abuse of Process and Re-litigation. MR JUSTICE MORGAN: And if you get permission to make a complaint then they will hear the appeal. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. National Westminster Bank Plc v Hunter and Another: ChD - swarb.co.uk Let me see what Mr Hunter says about those two matters and his application for permission. The matter then turned upon the way in which that jurisdiction should be exercised and in the somewhat special circumstances of that case it was decided that it would be unfair to leave the property unsold and it would be appropriate for the Court to assist the mortgagor by making an order for sale. He will have to get an appellant's notice drafted---. That causes me to be a little circumspect about the reliability of the general statements made, not supported by documents which really ought to exist, in the letter of 29th July 2011. 6. National Westminster Bank PLC. 46. The other matter concerns the way in which the payment was to be made. 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. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. 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. The lot would obviously need to be withdrawn from the auction now if this offer is acceptable to you. Hunter Menton - Senior V.. - National Westminster Bank | ZoomInfo 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. The agreed price is 1.505 million. MR JUSTICE MORGAN: No, but the Court of Appeal is not going to really know what this case is about, particularly with Mr Hunter acting without legal assistance, unless it sees what was put forward as the reasons for the decision. 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. Although Mr Hunter has entered into conflicting contracts, it may very well be the case due to the connection with K Hunter and Sons Limited that it will not sue Mr Hunter for damages because he is unable to perform those contracts. It may be that the auction contract was an involuntary contract on his part. MR HUNTER: Yeah, I'd like to appeal it, please, sir. I am very far from satisfied on the material before me today that K Hunter and Sons Limited has tied up satisfactorily the question of funding a purchase at a price of 1.55 million. It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. 13 December 2021. 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. MR JUSTICE MORGAN: You do not want an order for costs? 20. The position under the auction contract is radically different. 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. 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. Thereafter she was absolutely entitled to the . They are currently members of the Amateur Football Combination . I will refer to the contract in relation to the bulk of the land. 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. 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. I do not have very much detail about the state of affairs in relation to the company, but Mr Hunter has told me at the hearing today that all of the shares are owned by Mrs Karen Hunter and that he believes that she is a director of that company. The e-mail was in these terms: "Further to our recent correspondence, I am writing to you again to make an increased offer of 1.550 million to be paid in 12 months' time. 62. 88. I assume any potential bidders are aware of the above information as they should be. We pride ourselves on our independence, and our human touch. Nestle v National Westminster Bank plc - Wikipedia I note that your letter is silent on these points. In other words, you have to do this very rapidly indeed if you are to do anything at all. That company was acquired off-the-shelf in around February 2007. It seems to me to be an unnecessary step to require the bank to serve a notice on Mr Hunter requiring him to remove the cattle else they will be sold. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. 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. ]: needed to repair building but couldn't do so without trespassing on property (needed to use it as a staging area, bring materials across, etc.) Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. The beneficiaries named were the widow, children and remoter issue of the settlor. National Westminster Bank PLC | Encyclopedia.com At any rate, I proceed on that basis for today's purposes. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! The auction contract identifies further terms which apply to this sale. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). Challenge to remove Jimmy Savile's Executors fails . Sentencing Remarks of Mrs Justice Cockerill. MISS WINDSOR: Might I flag up simply that insofar as he does [inaudible] an application for permission to appeal, in a moment I shall be inviting your Lordship to abridge time. MR HUNTER: But can I? For all those reasons I reach the conclusion that this application under section 91(2) must be dismissed. 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. The letter is in these terms: "Further to our telephone conversation with your solicitor, we write in confirmation that prior to the auction relating to the properties at Manor Farm on 14th July 2011 we had made a formal offer of finance to you to enable you to purchase Manor Farm, comprising the three residential units and the farm land, for a purchase price of 1,550,000. Get 2 points on providing a valid reason for the above 2 storeys and attic. 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. National Westminster Bank F.C. - Wikipedia 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 is also relevant to refer to a limited company which is called K Hunter and Sons Limited. Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. So I do not think there is any inconsistency in the order. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. 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. Interact directly with CaseMine users looking for advocates in your area of specialization. The charge is a defined phrase which enables one to see it is a reference to the charges in favour of National Westminster Bank, to which I have referred. 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. 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 . 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. Illingworth v Houldsworth [1904] AC 355, HL; affg sub nom Re Yorkshire Woolcombers Association Ltd, Houldsworth v Yorkshire Woolcombers Association Ltd [1903] 2 Ch 284, CA. Turning then to the position of Mr Taylor's company, the Court has not been given evidence as to the position of that company or the people standing behind it. MR JUSTICE MORGAN: Right. National Westminster v Morgan [1985] AC 686 - Case Summary MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? Our 67,404 banking and credit card complaints stem from our 26 million accounts. 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. MR JUSTICE MORGAN: Which bit of it do you want to appeal? National Westminster Bank v Morgan - 1985 - LawTeacher.net Raheem Bucknor. It is not necessary I think to go to every difference and attempt to resolve it. 93. I don't understand the system, sir. 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. They are in essentially the same terms, save that they relate to different parcels of land. 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. It is possible this bank is of similar date and by the same architect. His e-mail stated: "I understand that I am not allowed to [refer to it] in open correspondence, however I will say that Manor Farm will not be auctioned before 4.30/5 p.m. today, which means there is plenty of time to withdraw it. 23. Decision date: 6 May 2021. Is that a point to ask? The powers of the Receiver are spelt out in Clause 5 of the charge. Courts, sentencing and tribunals; MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. 10. 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. Whether that deposit was paid or not paid is not in the event material. 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. 69. Sat 18 Feb 23. It is therefore the case that the Court has jurisdiction notwithstanding the dissent of the bank to direct a sale of the mortgaged property. contains alphabet). I do not accept that submission. 32. The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. With a mandatory order you have to put in a time and date, but I am going to do that. Rights have been acquired by Mr Taylor's company, Mr Taylo's compoany is on the face of it entitled to pursue those rights. Walking down Lord Street and turning onto Church Street in Fleetwood is the wonderful National Westminster Bank Building. 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. 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. 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. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. 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. 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. 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. Their payments fell into arrears and the building society started proceedings for repossession. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). Clause 8.1.A reads: "The seller will sell the property free from incumbencies other than any matters other than the charge contained in the land registry entries." MR JUSTICE MORGAN: Right. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. Jurisdiction code: Breach of Contract, Disability Discrimination, Maternity and Pregnancy Rights, Sex Discrimination. 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. The mortgagor put forward a number of reasons why the mortgagor should have conduct of the sale, one of those perceived benefits was that the mortgagor could remain in possession and resist an order for possession or the enforcement of an order for possession in favour of the mortgagee. In particular, part of Kirkdene has been sold. MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. 3. 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. 16. MR HUNTER: One strikes the mind, sir. It may be that by reason of what is happening on the land, completion with Mr Taylor's company will not be in five days' time, it may be it will happen in late December or January, but that has come about not because Mr Taylor's company has required that and has only been prepared to bargain on that basis, but because Mr Hunter -- in breach I have to say of an order of the Court -- has manoeuvred himself to produce that adverse consequence. National Westminster Bank Plc and Another v Inland Revenue History [ edit] In 1970, the club was formed as a result of the merger between National Provincial Bank and Westminster Bank to form NatWest. National Westminster Bank v Barclays Bank International Ltd MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. 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. NatWest Group - Mortgages. 45. Also taking into account that I am still in possession of Manor Farm, Pitchcott, proof of funding can certainly be provided for a part payment up-front with a second charge in 12 months' time and I am happy to negotiate a figure with yourself that would acceptable to the bank and to myself. 54. Formal demands by the bank for payment were made in 1992 and there were intermittent payments by the husband until January 1993, after which he was declared bankrupt. 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. MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. NATIONAL WESTMINSTER BANK PLC - London Stock Exchange Right, any other point on the draft order? 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. They agreed, subject to a legal charge on . 89. 12. 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. 52. [1977] A.C. 1, and Hunter v. Chief Constable of the West Midlands Police [1982] A.C. 529 are obiter indorsements of obiter dicta, so far as the vital words are concerned, and only Lord Hailsham of St. Marylebone . V - V National Westminster Bank Void 2STH 18/04/20 14:00: Economicals III V - V Fulham Compton Old Boys II Void . WIPO Domain Name Decision: D2002-0823 There is one other matter relating to the contract to which I ought to refer. 39. MR JUSTICE MORGAN: I thought we had got into 2011, but tell me the rule again, 52.4? MR JUSTICE MORGAN: Well, let me see. Mr Hunter, of course, will not be released from his covenant to pay the remainder of the debt. Southwark Crown Court. 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. Nestl v National Westminster Bank Plc [1993] 1 WLR - ResearchGate 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. 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. 2. I don't know, sir, but you tell me. 71. The Claimant claimed damages . 10 (National Westminster. National Westminster Bank v Somer [2002] QB 1286 5. He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. 0.00%. FREDERICK ANDERSON GOODWIN, director, 6 Mar 2000 - 21 Nov 2008. Constructive trusts and proprietary estoppel often do what unjust enrichment cannot Birks, An Introduction to the Law of Restitution (Clarendon Press, 1989), 89 Fuller,Legal Fictions (Stanford University Press, 1967) Att-Gen for Hong Kong v. Reid [1994] AC 324 Westdeutsche Landesbank v. 7. MR JUSTICE MORGAN: And that is to be without prejudice to any powers you would have to recover costs----. Click here to remove this judgment from your profile. Arnold v. NatWest Bank Plc. (H.L.(E.)) Part payment will be paid up-front with the remainder being paid in 12 months' time, which would have to be on a second charge basis. Previously, Hunter was Read More Contact Hunter Menton's Phone Number and Email Last Update 11/13/2022 7:20 PM Email h***@natwest.com Working with your business. It is fair to say that the impression given by the two chronologies is somewhat different. Mrs L Jones v National Westminster Bank plc: 1305030/2020 Lekan Akanni. The battle was between which of the two of them should have conduct of the sale. 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.