National Westminster v Morgan [1985] AC 686 - Case Summary 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. . The contracts of 23rd February 2011 separately relating to land at Manor Farm and land at Kirkdene have had the dates of the contracts on the cover sheet and within the body of the contract changed from 23rd February 2011 to 14th July 2011. "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. Mr Taylor's company has acquired contractual rights. Interact directly with CaseMine users looking for advocates in your area of specialization. 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. The contracts appear to be in essentially the same terms apart from the identity of the land and the price. History [ edit] In 1970, the club was formed as a result of the merger between National Provincial Bank and Westminster Bank to form NatWest. You are not free to disregard them just because you want to tell the Court of Appeal that they were wrong. Those are the principal matters of fact which are material to the application to which I next refer. BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. 91. There is now insufficient time for the bank to be comfortable as to the terms of your proposals prior to the auction later this afternoon. P 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. Under section 12(3) it is open to the bank to serve a particular notice which if it is not complied with will entitle them to sell the goods, namely the cattle. Mr Hunter, I am asked to make an order in detailed terms. National Westminster Bank Plc - Ventures. National Westminster Bank v Somer [2002] QB 1286 5. [4] I assume any potential bidders are aware of the above information as they should be. True it is that Mr Hunter owns the cattle, the bank does not own the cattle and does not have a security interest in the cattle. Not only do we facilitate the sharing of data but we also utilise our investigative . 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. 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. The Court of Appeal decision in National Westminster Bank Plc. NATIONAL WESTMINSTER BANK PLC. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. Following Palk v Mortgages Services Funding, the court will not grant an order for possession for PB if Jakob is seeking sale of the property. If I'm going to be banned from my property how do I move the cattle? Newcote Services Limited. Mr Hunter has himself prepared a chronology which he has placed before me. They are in essentially the same terms, save that they relate to different parcels of land. 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. No such deposit was on offer from K Hunter and Sons Limited. Let me invite Mr Hunter to deal with that. Mr Hunter has been very well aware for a considerable period of months that the bank has wanted him to remove his cattle. Clause 8 of the contract is headed "Matters affecting the property". 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. 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 bank, National Westminster Bank Plc, is involved with the land and buildings to which I have referred pursuant to two legal charges, one dated 6th July 2006 and the second dated 12th April 2007. National Westminster Bank | British company | Britannica MR JUSTICE MORGAN: And they will take effect whether you issue an appellant's notice or do not issue an appellant's notice. 1 - 3 National Westminster Bank. 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. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. It is fair to say that the impression given by the two chronologies is somewhat different. The Role of Bank as Trustee - Academike Courts, sentencing and tribunals; contains alphabet). The Receivers submit that they did the right thing by putting the property up for auction and getting the best bid at auction. Read the full decision in Mrs L . 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. 34. But the land has been sold by contract to Mr Taylor's company. Although Mr Hunter is not in a position to raise that money there still remains an equity of redemption in the event that he were able to raise that money. National Westminster Bank plc | NatWest Group Heritage Hub 38. 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. He referred to alternatives that might instead have been pursued. 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 . Westminster Bank Ltd - NatWest Group 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. NatWest Group HR. 13. National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd In National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd [1972] AC 785 it was held that an agreement between a bank and its customer that the debit on one account could not be set off against the credit on another account was void. I don't know if you do, but I'm just asking that question, sir. United Kingdom IBAN and BIC Format - IBAN Checker: International Bank 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. It has not been served with notice of this application and has not had an opportunity to put forward its position. Mr Hunter's second point is that section 12 of the 1977 Act in terms applies to goods "in the possession or under the control of a bailee". The position under the auction contract is radically different. 73. Jul 2021. 2 storeys and attic. MR JUSTICE MORGAN: I think what I will do is I will shorten the time for you to serve an appellant's notice from 21 days to 14 days. Listing NGR: SE2637427830 Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. On 26th August 2011 Mr Hunter applied in the Aylesbury Count Court for the following order -- I read from the application notice: "Application to permit me to complete a contract entered into in February 2011, varied on 14th July 2011, to sell Maple Barn, two barn conversions, farm buildings and 104 acres of farmland to K Hunter and Sons Limited for 1.55 million." So that is the order. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. designed by C. S. Nelson (Leeds) in 1895 for the London and Yorkshire Bank Ltd. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. PDF Alastair Hudson Professor of Equity & Law The next matter to which I need to refer is the fact that the contracts made on 23rd February 2011 have been amended in a way to which I will refer. National Westminster Bank | Bromley and South London Football League Well, I will deal with that in a moment. Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. NATIONAL WESTMINSTER BANK PLC NWBD Company page - Search stock, chart, recent trades, company information, trading information, company news, fundamentals. 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. You are not to go there, you are not to interfere. Swift codes for NATIONAL WESTMINSTER BANK PLC (BIC codes) He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. If Mr Hunter could not perform that contract, making title free from the charge, then he would be in breach of contract and would be liable to be sued in damages by the buyer. Get 2 points on providing a valid reason for the above You are able to go to a Lord Justice and say to the Lord Justice what you want to say, but I do not give you permission to appeal. MR JUSTICE MORGAN: Now, Miss Windsor, I have refused permission to appeal, but it remains open to Mr Hunter to serve an appellant's notice. That's correct? 53. 59. 76. It is therefore the case that the Court has jurisdiction notwithstanding the dissent of the bank to direct a sale of the mortgaged property. 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 . 39. Is that clear? It identifies various heads of relief based upon difficulties which the bank says it has encountered because Mr Hunter has continued to keep stock upon the land and has failed to cooperate with efforts made by the bank to have the stock removed from the land. Taxpayer stake in Natwest reduced again as government sells shares. 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. They are currently members of the Amateur Football Combination . That is in accordance with the normal position in charges of this kind. 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. Their payments fell into arrears and the building society started proceedings for repossession. On that date at around 12.18 pm, Mr Hunter sent an e-mail to the bank. 45. Brief history This joint stock bank was established in Southwark in 1836 as Surrey, Kent & Sussex Banking Co. 86. The sale memorandum states that the deposit was paid, though the evidence is that it was paid the next day, 15th July 2011. It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. He will have to get an appellant's notice drafted---. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). 74. (2) There shall be entered in the register. You are asking him to deliver up the passports etcetera by 4 p.m. tomorrow. 6 bay facade. 13. The Court of Appeal is there to correct errors made by judges such as myself. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. MISS WINDSOR: [inaudible] the first sentence application for permission to appeal----. 81. The court set down the principles to be applied in abuse of process cases, where a . Before confirming, please ensure that you have thoroughly read and verified the judgment. Arnold v. NatWest Bank Plc. (H.L.(E.)) John Trenberth v. National Westminster Bank - Ininet.org GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. If the buyer sought specific performance the buyer would be entitled to take title to the property, but because the property is charged with a debt of 2.5 million or more the buyer would not pay the purchase price to Mr Hunter but would instead have a substantial claim for damages in addition to the remedy of specific performance. 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. V NATIONAL WESTMINSTER BANK PLC Analysis On 20 August 2012 Richard Wright signed a discretionary trust of which the National Westminster Bank was the trustee. MR JUSTICE MORGAN: You do not want an order for costs? 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. Wright & anr v National Westminster Bank Plc [2014] EWHC 3158 (Ch) I am not satisfied of either of those. This case concerns agricultural land and buildings at Manor Farm, Pitchcott, Aylesbury and at Kirkdene, Pitchcott, Aylesbury. Mr Hunter has persistently said in the course of his submissions that he did not make that contract, he is not bound by it, he is not the seller. The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. Israel's illegal occupation: When 'de-escalate' means 'ramp up' - and 1. 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 contact provides for a 10 per cent deposit, 150,500. 84. Venue: HALL PLACE #4. Do you want to say anything about the points of details save for the general points? National Westminster Bank v Daniel: CA 1993 - swarb.co.uk 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. No, sir, I think the Court's been unfair and unjust, sir, and I think there are factual statements that I've made, sir, today that have been misinterpreted and also the second application is whether you've given the power to stop me seeing my cattle that the bank has no charge, I don't believe this Court has that power, sir. 83. floating charge. Delayed London Stock Exchange - 11:35:00 2023-02-27 am EST. With a mandatory order you have to put in a time and date, but I am going to do that. National Westminster Bank Plc v Spectrum Plus Ltd A hearing took place on 13th July 2011 at Aylesbury County Court to require the cattle to be removed. GBX. MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. Download Citation | Nestl v National Westminster Bank Plc [1993] 1 WLR 1260, Court of Appeal | Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. 11. The plaintiff sought summary judgment. MR JUSTICE MORGAN: Right. Is there a system to do that, sir? 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. 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. Clause 3 of the charge is headed "Restrictions on charging, leasing, disposing and parting with possession". Having considered the effect of the conflicting contracts which exist and the challenge which Mr Hunter has raised to the conduct of the Receivers, I can now go to the ultimate issue which is whether the Court should exercise the jurisdiction it has which would enable Mr Hunter to sell the land to K Hunter and Sons Limited free from the charge, placing himself in breach of the contract with Mr Taylor's company, or whether the Court should make no such order. Currently, both domestic bank account numbers and IBAN are in circulation. 56. 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. At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. I remain open to further negotiations. Whether that came before the other contracts of 14th July or after it in my judgment makes no difference. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. What matters more are the events of the 14th July of this year. 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. Bank) G. V. II. 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 . There is no evidence before me that that consent was obtained or given. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. 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. MR HUNTER: One strikes the mind, sir. That correspondence referred to the topic of potential funding for the intended purchase of the farm. 12. Until the Court of Appeal grapple with your case these orders will bind you. The tribunal held that the House of Lords decision in Westminster Bank Executor and Trustee Co (Channel Islands) Ltd v National Bank of Greece SA [1971] AC 945 remains the only decision that binds the lower courts on this point.