National Westminster Home Loans Ltd. Nationwide Building Society. 0.00%. 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. It provided for payment of a deposit of 1. They are in essentially the same terms, save that they relate to different parcels of land. There is one other matter relating to the contract to which I ought to refer. 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. Ch., Walton J. 88. 55. 67. 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. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. Listing NGR: SE2637427830 These powers given by Clause 5 are in addition to all parts conferred on the Receiver under the general law. 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. 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. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. MR JUSTICE MORGAN: ----or one of the orders should not be made, then given that it is going to take effect either immediately or tomorrow the only point in running that appeal is if you can get to the Court of Appeal fast. 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. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. Mr Hunter has been very well aware for a considerable period of months that the bank has wanted him to remove his cattle. Using IBAN since United Kingdom has officially introduced the IBAN system in April 2001. I shall be asking the Court to make a direction under CPR 52.4 to be the period be seven days in this case. Nor can I change the position in Mr Hunter's favour by granting some relief by way of injunction or otherwise against the Receivers. Section 91(2) is in these terms: "In any action, whether for foreclosure or for redemption or for sale or for the raising and payment in any manner of mortgage money, the Court on the request of the mortgagee or of any person interested either in the mortgage money or in the right of redemption and notwithstanding that (a) any other person dissents or (b) the mortgagee or any person so interested does not appear in the action and without allowing any time for redemption or for payment of any mortgage money, may direct a sale of a mortgaged property on such terms as it thinks fit, including the deposit in court of a reasonable sum fixed by the Court to meet the expenses of sale and to secure performance of the terms.". 73. 74. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. Lanre Akanni. True it is that the auction is not something Mr Hunter took part in or has come about in accordance with his wishes, but when he signed the charge, when he permitted the bank to appoint Receivers, when he gave the Receivers the power to sell as agents for the mortgagor, Mr Hunter put in train a series of events which has led in law to the situation that Mr Hunter has contracted to sell to Mr Taylor's company. MR JUSTICE MORGAN: Mr Hunter pays the costs for the two applications on the standard basis to be subject to a detailed assessment? 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. 17. MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. I have not been asked to grant a stay of any of the orders, but if I were asked I would refuse to grant a stay, which means that Mr Hunter would have to go to the Court of Appeal and seek to obtain a stay there. 35. 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. The Court cannot undo that contract. The definition continues but it is not necessary for me to read it out. ]: 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: [inaudible] the first sentence application for permission to appeal----. I note that your letter is silent on these points. It is also relevant to refer to a limited company which is called K Hunter and Sons Limited. Paragraphs 4 and 5 they are to sell the stock. 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. Facts. In that sense it was to be a 100 per cent mortgage. 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 . Read the full decision in Mrs L . 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. floating charge. This is also applied in National Westminster Bank v Hunter. 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. But if you cannot come to terms then you will be irrelevant and all these things will be done no matter what you think. 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. The final reason for abridging time is that you are bound by a contract to sell Mr Taylor's company and I do not think it is appropriate to place the bank and the Receivers under time pressure where they might end up having difficulty in meeting time limits under the contract. 93. In the event that the property remains unsold following this afternoon's auction I would invite you to write to me again tomorrow clearly stating the quantum of the part payment you would intend making now together with proof of funding from your new lender. 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. 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. National Westminster Bank Plc v Hunter and Another: ChD 23 Nov 2011 - swarb.co.uk National Westminster Bank Plc v Hunter and Another: ChD 23 Nov 2011 Reasons for dismissal of claim under section 91. 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. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. 13 December 2021. Found National Westminster Bank Plc v Hunter & Anor useful? National Westminster Bank Plc - Ventures. 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. A hearing took place on 13th July 2011 at Aylesbury County Court to require the cattle to be removed. National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. So if the amount which remains charged on the property is between 2.5 million and 3 million it is clear that Mr Hunter would not be able to take advantage of a contract to sell for 930,000 without the intervention of the Court. It seems to me incumbent on the mortgagor to seek from the High Court any relief which that Court is empowered to give before the possession warrant takes effect.". 38. Venue: HALL PLACE #4. 58. There is an effective contract by Mr Hunter to sell to Mr Taylor's company. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. 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. I will start the comparison by looking at the position of K Hunter and Sons Limited. Citation. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. 6 bay facade. 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. 8. 47. 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. 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. 15. Delayed London Stock Exchange - 11:35:00 2023-02-27 am EST. GRAHAM STAPLES, secretary, 10 May 1994 - 1 May 1994. Mr Taylor's company has acquired contractual rights. On the other hand, he is in person. So that is the order. 01-11-2022 Summary of outcome On 10 October 2022, the High Court handed down its judgment in the appeal of Steiner v National Westminster Bank plc [2022] EWHC 2519. 11. 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. The mortgagor does not need an order of the Court to force the mortgagee to sell the property, the mortgagee has been taking active steps to sell the property and has got the benefit of a contract under which it will sell the property. 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 You will just have to be patient a little longer. Working with your business. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. Paragraph 2 says you are not to go there. The Receivers submit that they did the right thing by putting the property up for auction and getting the best bid at auction. 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. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. No such deposit was on offer from K Hunter and Sons Limited. 23. I have been told you have gone to a solicitor in the past----, MR JUSTICE MORGAN: ----you do not have to tell me, but are you intending to go back to the same person----. Lekan Akanni. Mr Hunter has himself prepared a chronology which he has placed before me. 44. I would be minded to make an order that he do it straight away while he is here, otherwise he will seek to take advantage of the difficulty in tracking him down, which may take a few days. 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 You are not free to disregard them just because you want to tell the Court of Appeal that they were wrong. (2) There shall be entered in the register. The wife got the family home as a life interest and a tax free annuity. The charge of 6th July 2006 is in relation to property described as land and buildings at Manor Farm, Pitchcott, Aylesbury, Land Registry title number BM195811, and the charge dated 12th April 2007 relates to land at Kirkdene, Pitchcott, Aylesbury, Land Registry title number BM126848. 62. MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. MR JUSTICE MORGAN: Right. 32. 5. National Westminster Bank, byname NatWest, former British bank holding company with branches and subbranches in the United Kingdom and operations across the world. Venue: CLUB LANGLEY Pitch 1. [4] He is the freeholder of the land, the land is subject to a mortgage and that mortgage on the face of it can be redeemed on payment of the full sum outstanding to the bank. The court set down the principles to be applied in abuse of process cases, where a . Ctrl + Alt + T to open/close . Then there is the question of funding. The contracts provided for the buyer to take the land free from the bank's charge. 81. By Clause 5.1.4 in particular a Receiver appointed by the bank under the charge has the power to sell the charged property. He is not in practical terms able to redeem the charges so he is not able to convey free from the charges.
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