It may be convenient at this point before considering the application of section 91(2) to that state of affairs to investigate a matter which has been very much in dispute in the course of argument. 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. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). A-Z of Cases | Carlil & Carbolic - Law Study Resources Plainly, the bank's primary concern was to realise the value of its security so as to reduce the indebtedness owed to it. It is possible this bank is of similar date and by the same architect. Is there a system to do that, sir? England and Wales. In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. What has happened, certainly so far as the bank's submission goes, is that Mr Hunter, acting through the agency of Receivers, has contracted to sell the property. 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 . ", 27. Nestl v National Westminster Bank Plc [1993] 1 WLR - ResearchGate Using IBAN since United Kingdom has officially introduced the IBAN system in April 2001. I don't know if you do, but I'm just asking that question, sir. 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. 5. National Westminster Bank Plc v Hunter & Anor - Casemine The wife got the family home as a life interest and a tax free annuity. 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. I shall be asking the Court to make a direction under CPR 52.4 to be the period be seven days in this case. I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). 45. floating charge. 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. Broomhead v NatWest (grounds for setting aside for fraud) 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. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). Well, I will deal with that in a moment. I am also asked to make orders providing for service in connection with possible committal applications. Main Road. 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. 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. 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. 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. NATIONAL WESTMINSTER BANK PLC : NWBD Stock Price - MarketScreener 76. MR JUSTICE MORGAN: Which bit of it do you want to appeal? In that case both the mortgagor and the mortgagee wished to see the property sold. Please log in or sign up for a free trial to access this feature. The battle was between which of the two of them should have conduct of the sale. 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 64. The defendant bought a house on mortgage with her husband. I appreciate your difficulty that you are in person, you have to get legal advice. Under these contracts Mr Hunter is the seller and K Hunter and Sons Limited, the company controlled by Mrs Hunter, is the buyer. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! The contract was to be completed six months from the date of the contract. FREDERICK INGLIS WATT, director, 4 Sep 2000 - 31 Jan 2006. MR JUSTICE MORGAN: There is something before that, is there? It has not been served with notice of this application and has not had an opportunity to put forward its position. I am not satisfied of either of those. MR HUNTER: I think both, sir. You are asking him to deliver up the passports etcetera by 4 p.m. tomorrow. Ordinarily the time limit for lodging appellant's notice is 21 days. MISS WINDSOR: No, because the consequence of that is [inaudible]. John Trenberth v. National Westminster Bank [1979, Eng. Then there is the question of funding. 22. 11. So that is as much as I think I can indicate on that. That of course does not take from him his equity of redemption. It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. Facts [ edit] A testator died in 1922 and named his widow, two sons and wives and one grandchild as the beneficiaries. fixed) charge and required the company to pay the proceeds of the debts when received into the company's account with the bank and not otherwise to deal with the debts created a fixed charge over the book debts in accordance with the decision in Siebe . Newcote Services Limited. It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. 34. 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. Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . Is that clear? 91. 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. So that is the order. If you are to get any modification of these orders you will have to in your own interests act extremely quickly. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? Since the making of the order for possession a number of things have happened, not all of which I need recite. 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. 58. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. By Clause 5.1.4 in particular a Receiver appointed by the bank under the charge has the power to sell the charged property. By Stuart Littlewood. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. On the other hand, Mr Hunter, who is a stock farmer, has left upon the land a number of cattle, I think some 90 or so, although as a result of recent developments the number of cattle on the land today I understand is 3 cows. 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. It is agreed that all of the land with which this case is concerned is subject to one or other of those two charges. The judge adjourned the application to be relisted at the next available date after 20th July 2011.". Get 1 point on providing a valid sentiment to this However, the comparison ceases to be favourable to Mr Hunter from that point. It does not seem to me to be necessary to adjourn this hearing to hear from Mr Taylor's company. I will start the comparison by looking at the position of K Hunter and Sons Limited. 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. 02/23. Property Mortgage - structure (v) - Property law - Studocu If the buyer had sought specific performance the buyer would be entitled to take title subject to the charges, but would have a claim in damages against Mr Hunter. 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. They're there, they're on the map, sir. 14. Players. Abuse of Process and Re-litigation. They are in force. Morgan J [2011] EWHC 3170 (Ch) Bailii Law of Property Act 1925 91 England and Wales Updated: 28 June 2021; Ref: scu.449869 79. today. If Mr Hunter seeks to continue the conduct he will place himself in very grave peril of being put in prison for a period of time which will bring home to him the consequences of his conduct. 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. 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. It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. contains alphabet). National Westminster v Morgan [1985] AC 686 - Case Summary It is also the case that there have been further applications to the Court and eventually Mr and Mrs Hunter did leave the land, that is they ceased to reside on any part of the land or buildings. 31. London Stock Exchange uses cookies to improve its website. The contracts provided for the buyer to take the land free from the bank's charge. The consequence of that will be that the only contract that Mr Hunter is able to perform is the one in favour of Mr Taylor's company. 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: Well, I think, Mr Hunter, given the cleverness of your point that you had better put in some evidence on which I can act that there is a public footpath and then apply to vary the order in relation to it and that will be considered. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. 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 . MR HUNTER: One strikes the mind, sir. 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. There is no application before the Court today to have the appointment set aside or to have the Receivers removed. Southwark Crown Court. PDF Alastair Hudson Professor of Equity & Law 53. I will hear the parties on any detailed points arising in relation to the order, but in principle it seems to me it is an appropriate order for the Court to make. 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. 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. 42. National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Practical Law Case Page D-000-1223 (Approx. 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. 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. MR JUSTICE MORGAN: I thought we had got into 2011, but tell me the rule again, 52.4? 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 Now, they are your cattle but you have put them on land that does not belong to you, at least it is not in your possession more accurately. 60. 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. MR JUSTICE MORGAN: The second application is brought by the bank. 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. 16. Steiner v National Westminster Bank plc brings clarity to- Publications 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. 12. Nestle v. National Westminster Bank plc ; Soud : Odvolac soud : Rozhodnuto : 6. kvtna 1992 : Citace [1992] EWCA Civ 12 , [1993] 1 WLR 1260 Historie ppadu ; Pedchoz akce [2000] WTLR 795; Independent, 4. ervence 1988, (1996) 10 (1) Trust law International 113, 115 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. Those proceedings were heard in the County Court on 10th August 2010. MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. 70. Venue: HALL PLACE #4. Sat 11 Feb 23. V - V National Westminster Bank Void 2STH 18/04/20 14:00: Economicals III V - V Fulham Compton Old Boys II Void . 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. 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. MR JUSTICE MORGAN: There is a Court of Appeal. 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. On the other hand, this matter has gone on for a considerable time and you have failed to comply with Court orders in the past. 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. A charge over book debts in a debenture which required the proceeds of the book debts to be paid into an account with the bank but placed no restriction on the use that could be made of the balance on the account thereafter was a floating and not a fixed charge, Siebe Gorman & Co Ltd v Barclays Bank Ltd (1979) 2 Lloyd's . Is it said to be wrong in law or is it said to be unfair or is it said to be wrong in fact? The copy of the sale memorandum produced to the Court does not identify the buyer, although one can see that the signature on behalf of the buyer was that of a C Taylor. Mr Hunter told me that the amount of money to be borrowed from UK Farm Finance Limited was not less than 1.55 million.