national westminster bank v hunter

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. 25% off till end of Feb! 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. MR JUSTICE MORGAN: Right. By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. 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. 10 (National Westminster. It is agreed that all of the land with which this case is concerned is subject to one or other of those two charges. Citing: Applied - Henderson v Henderson 20-Jul-1843. Mr Hunter replied by an e-mail received at 14.07 on that day. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. It is an autonomous publicly-held company still trading under the NATWEST, NATIONAL WESTMINSTER and NATIONAL WESTMINSTER BANK marks but is now a fully-owned subsidiary of the Royal Bank of Scotland Group. today. 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. Charges for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) More for NATIONAL WESTMINSTER BANK PUBLIC LIMITED COMPANY (00929027) Filter by category Show filing type. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. What is unusual about the present case is that there is no dispute but that this property must be sold. 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. MR JUSTICE MORGAN: You cannot fail to understand that. Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. Those are the principal matters of fact which are material to the application to which I next refer. I am not satisfied of either of those. It provided for payment of a deposit of 1. ", 29. The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. There have been further communications between Mr Hunter and the bank in the period from February 2011 to July 2011. In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. This case concerns agricultural land and buildings at Manor Farm, Pitchcott, Aylesbury and at Kirkdene, Pitchcott, Aylesbury. In particular, part of Kirkdene has been sold. Quite apart from that being the position between the seller and the buyer, Mr Hunter by entering into that contract would appear to have been in breach of the condition in the charge that he should not dispose of the property without the consent of the bank. FREDERICK ANDERSON GOODWIN, director, 6 Mar 2000 - 21 Nov 2008. MISS WINDSOR: This is the first I have heard of it. 36. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. Is that a point to ask? 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. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. It was acquired by the Royal Bank of Scotland in 2000. MR JUSTICE MORGAN: Right. I have been shown a number of authorities on the operation of section 91(2). Brief history In 1968 National Provincial Bank (including its subsidiary District Bank) and Westminster Bank, two of Britain's 'Big Five' banks, agreed to merge as National Westminster Bank. 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 . 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. 84. Under these contracts Mr Hunter is the seller and K Hunter and Sons Limited, the company controlled by Mrs Hunter, is the buyer. IBAN Mandatory Although, IBAN can be used for domestic payments in the UK, currently, it is not mandatory. v. Arthur Young McClelland Moores & Co. (Practice Note) . MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. MR JUSTICE MORGAN: And that is to be without prejudice to any powers you would have to recover costs----. ", 27. At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. If the matter had come before the Court before the auction sale, in theory at any rate, the Court could consider an application to restrain the Receivers from selling the land. National Carriers v Panalpina [1981] A.C. 675 National Westminster Bank v Morgan [1985] AC 686 Nicholl and Knight v Ashton, Eldridge & Co [1901] 2 KB 126 Niersmans v Pesticcio [2004] WTLR 699 . 10. 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. He has deliberately, in breach of Court orders, refused to do so to gain an advantage by his unlawful conduct. Those changes are initialled; the initials appears to be those of Mr Hunter and his wife, the latter acting on behalf of K Hunter and Sons Limited. 33. You are asking him to deliver up the passports etcetera by 4 p.m. tomorrow. Nestle v National Westminster Bank: ChD 1988. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. The wife got the family home as a life interest and a tax free annuity. 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. I say that because this case does not turn upon which contract is first in time. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. The contracts appear to be in essentially the same terms apart from the identity of the land and the price. MR JUSTICE MORGAN: Well, I am able to help you and tell you that is the position. Bays 2, 3 and 4. are set within octagonal colonnettes surmounted by lantern domed finials, 70. Newbury Building Society. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. The plaintiff was the remainder beneficiary under the will trust of her grandfather, who died in 1922. 72. 22. 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. Whether that came before the other contracts of 14th July or after it in my judgment makes no difference. I assume any potential bidders are aware of the above information as they should be. 0 - 3 London Legends FC. As I have indicated the contracts of February 2011 were not completed. MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. It is in your interests to get to the Court of Appeal. 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 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? It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. So that is as much as I think I can indicate on that. We would also like to set optional cookies to improve our site and bring you more . The plaintiff sought summary judgment. 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. 37. The agreed completion date is expressed to be five business days after a certain condition has been satisfied. I will return to the circumstances in which the Court might or might not make such an order after I have considered the effect of the various contracts which have been entered into. 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. The position under the auction contract is radically different. ", 28. Unfortunately, based on what I have seen, the possibility of contempt of Court and committal proceedings does appear to be a real one and in the circumstances I am persuaded that I should make the order making committal proceedings operate more smoothly than might otherwise be the case. 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. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. I sincerely hope that Mr Hunter will see just how foolish he has been in the conduct on which he has embarked. 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: And if you get permission to make a complaint then they will hear the appeal. 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. That statement fits very badly with the correspondence on 14th July 2011. By Clause 5.1.4 in particular a Receiver appointed by the bank under the charge has the power to sell the charged property. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. Because, of course, first of all the application would be considered on paper and then Mr Hunter would have a possible right to renew his application orally. Lekan Akanni. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. 2 - 0 Beckenham FC. 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. MISS WINDSOR appeared on behalf of the CLAIMANT. I will take legal advice on it, sir. MR JUSTICE MORGAN: Mr Hunter pays the costs for the two applications on the standard basis to be subject to a detailed assessment? I have referred to the land which is the subject matter of the charge. Confirmation statement filters Accounts Capital Charges Confirmation statements . It is not said that any evidence as to the availability of funding beyond what was stated in the letters was provided to the bank before or on 14th July 2011. MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? 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. I can only give permission if I am satisfied that you have a real prospect of success in the Court of Appeal or there is some other reason why this case should be considered by the Court of Appeal.