national westminster bank v hunter

So shall we talk about the first and start with you, Miss Windsor? England and Wales High Court (Chancery Division), National Westminster Bank Plc v Hunter & Anor. 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. MR JUSTICE MORGAN: And that is to be without prejudice to any powers you would have to recover costs----. The Claimant claimed damages . MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. I was referred to a further authority on the operation of the sub-section, namely Cheltenham and Gloucester Plc v. Krausz [1997] 1 WLR 1558. Get 1 point on providing a valid sentiment to this Well, I will deal with that in a moment. But possession and control do not turn upon ownership, one man can be the owner and another can be in possession and a third can have control. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. The Court of Appeal is there to correct errors made by judges such as myself. 74. History [ edit] In 1970, the club was formed as a result of the merger between National Provincial Bank and Westminster Bank to form NatWest. 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. Newbury Building Society. v. Arthur Young McClelland Moores & Co. (Practice Note) . 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. 51. MR JUSTICE MORGAN: I am not here to answer questions. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. The bank brought possession proceedings against Mr and Mrs Hunter. National Westminster Home Loans Ltd. Nationwide Building Society. I have been shown a number of authorities on the operation of section 91(2). 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 JUSTICE MORGAN: All right. 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. 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. 9. I think in our earlier discussion of paragraph 5 I suggested that you put in, insofar as it is necessary, pursuant to section 13 just so that it ties in with paragraph 4. Enhance your digital presence and reach by creating a Casemine profile. The plaintiff sought summary judgment. Clause 3 of the charge is headed "Restrictions on charging, leasing, disposing and parting with possession". That is in accordance with the normal position in charges of this kind. Right, any other point on the draft order? John Trenberth v. National Westminster Bank [1979, Eng. Click here to remove this judgment from your profile. Included for group value. 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. It is possible this bank is of similar date and by the same architect. 62. 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. Lekan Akanni. 65. It is also relevant to refer to a limited company which is called K Hunter and Sons Limited. MR JUSTICE MORGAN: I thought we had got into 2011, but tell me the rule again, 52.4? He was ordered by the Aylesbury County Court to remove the cattle by a date in the past. In that sense it was to be a 100 per cent mortgage. Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. MR JUSTICE MORGAN: I am making an order that you do not go on that land. Ethan Crane . New Wave Capital Ltd. Newable Business Finance Ltd. Newable Limited. 60. National Westminster Bank. 71. Rights have been acquired by Mr Taylor's company, Mr Taylo's compoany is on the face of it entitled to pursue those rights. The particulars of sale referred to the land. 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. Accordingly, the question of selling the land has been one of the matters at the front of anyone's consideration. 72. So for all those reasons I will abridge time to 14 days. The judge adjourned the application to be relisted at the next available date after 20th July 2011.". 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. I will now give my reasons for the decision I expressed earlier today to dismiss Mr Hunter's application under section 91 of the Law of Property Act 1925 and I will also give brief reasons in relation to the other application before me, the application by the bank for various heads of relief in support of its rights and its orders for possession that have previously been obtained. 35. I will start the comparison by looking at the position of K Hunter and Sons Limited. There are other provisions which may perhaps be useful in connection with a proposed sale by a Receiver but it is not necessary to refer to them in this judgment. 8. 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. 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. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 7. 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. If I made an order in Mr Hunter's favour under section 91(2) whereby Mr Hunter sold the land to K Hunter and Sons Limited I would place Mr Hunter in breach of contract in favour of Mr Taylor's company. 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. I appreciate your difficulty that you are in person, you have to get legal advice. 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. 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. Orr. GBX. Lanre Akanni. 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. We use necessary cookies to make our site work. MR JUSTICE MORGAN: Yes. 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. MR JUSTICE MORGAN: Right. MR JUSTICE MORGAN: Right. You have done this with full knowledge that I am still in possession of Manor Farm, Pitchcott. Is there a system to do that, sir? 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. National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd [1972] AC 785 is a decision of the House of Lords in relation to a banker's right to combine accounts under English law. MR HUNTER: So what are you asking for? (NWBD) Add to my list. 41. These powers given by Clause 5 are in addition to all parts conferred on the Receiver under the general law. 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. [1991] 2 AC 93, [1991] 3 All ER 41, [1991] 2 WLR 1177. Court grants injunction, despite noting that was fairly unreasonable and . 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 . 13. By Clause 1.1 of the charge Mr Hunter charged by way of legal mortgage the property which I have described as the subject of the charge. 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. [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 . Venue: HALL PLACE #4. 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. 2. change. MR JUSTICE MORGAN: There is something before that, is there? "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. This works out as three complaints per 1,000 relevant accounts. 36. 30. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. 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. On the other hand, he is in person. 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. ", 25. Decision date: 6 May 2021. On that date at around 12.18 pm, Mr Hunter sent an e-mail to the bank. Since the making of the order for possession a number of things have happened, not all of which I need recite.

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