64. Enhance your digital presence and reach by creating a Casemine profile. For my part I do not see any reason why I should stop you attaching a penal notice, even if I had power to do so, as to which I am far from clear. Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. National Westminster v Morgan [1985] AC 686 - Case Summary The Court of Appeal is there to correct errors made by judges such as myself. 0.00%. 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. I have been shown a number of authorities on the operation of section 91(2). 67. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. ( a) the names and addresses of the members; ( b) the date on which each person was registered as a member; and. MR JUSTICE MORGAN: Do you have it in a form that he could sign straight away? WIPO Domain Name Decision: D2002-0823 88. It is possible this bank is of similar date and by the same architect. "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. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. Mr Hunter was represented by counsel; Mrs Hunter was not represented by a legal representative. MR JUSTICE MORGAN: The second application is brought by the bank. Part payment will be paid up-front with the remainder being paid in 12 months' time, which would have to be on a second charge basis. 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. 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. 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. 3. Taxpayer stake in Natwest reduced again as government sells shares. v. Arthur Young McClelland Moores & Co. (Practice Note) . MISS WINDSOR: Subject to handwritten amendments, yes. Mr Taylor's company has acquired contractual rights. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 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. MR JUSTICE MORGAN: Yes. 30. GRAHAM STAPLES, secretary, 10 May 1994 - 1 May 1994. Working with your business. The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. It seemed to emerge in the course of argument that Mr Taylor is known to Mr Hunter and it also seemed to emerge that the buyer is not Mr Taylor personally but is a company controlled by Mr Taylor. Hunter Menton Senior VP, Sales, Corporate Business Unit at National Westminster Bank Hunter Menton is a Senior VP, Sales, Corporate Business Unit at National Westminster Bank based in London, Greater London. 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. The bank brought possession proceedings against Mr and Mrs Hunter. I appreciate your difficulty that you are in person, you have to get legal advice. I sincerely hope that Mr Hunter will see just how foolish he has been in the conduct on which he has embarked. MISS WINDSOR: I invite you to make the order as drafted, save at paragraph 3 (ii) be replaced by some machinery for Mr Hunter to sign the draft as handed up to your Lordship instead. A hearing took place on 13th July 2011 at Aylesbury County Court to require the cattle to be removed. The case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. However, what one does know -- and it is a positive factor -- is that the purchaser was able to raise the 10 per cent deposit the day after the auction was concluded. R -v- National Westminster Bank - Courts and Tribunals - judiciary.uk Accordingly, the question of selling the land has been one of the matters at the front of anyone's consideration. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. At First Instance - National Westminster Bank Plc and Another and Barclays Bank Plc and Another v Inland Revenue Commissioners ChD 6-Aug-1993 A business expansion tax plan was valid if it was issued before the Income and Corporation Taxes Act. 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. 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. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. 10. In that sense it was to be a 100 per cent mortgage. It is clear that it is in Mr Hunter's interest to decline to cooperate and to make life difficult to the bank, although it is not in Mr Hunter's interest for him to break Court orders as he, on the face of it, has done, the Court orders to which I refer including an order made by the District Judge in the County Court on 31st August 2011, which required Mr Hunter to remove his stock from the land. The last outstanding life interest under the trust was that of her father John, who died in 1986. I will consider the effect of these contracts without regard to the impact of section 91(2) and the I will consider the possible impact of the statutory provision. Royal Trust Bank v National Westminster Bank plc - Wikipedia Included for group value. 70. The court also allowed the m/gor to handle the sale himself if the m/gor cannot prove any substantial advantage in refusing the m/gor's request. 66. The beneficiaries named were the widow, children and remoter issue of the settlor. National Westminster Bank, Central, Liverpool - British Listed Buildings 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. Wright & anr v National Westminster Bank Plc [2014] EWHC 3158 (Ch) So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. 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 That is generally regarded as the appropriate action of a bank or a Receiver who has a duty to take steps to obtain a proper price for the security. John Trenberth v. National Westminster Bank [1979, Eng. National Westminster Bank plc - Branch Network. So just reading the section alone one questions what it is the Court would be doing if it was to interfere with the state of affairs that has come about out of court. I am not going to start going into a point of that kind at this stage when you have not mentioned it before. I don't know if you do, but I'm just asking that question, sir. 84. Nestl v National Westminster Bank Plc [1993] 1 WLR - ResearchGate 65. Published 2 March 2022 Explore the topic. Brief history This joint stock bank was established in Southwark in 1836 as Surrey, Kent & Sussex Banking Co. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. 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. 4. That is what he has to do to get the appeal up and running, is it? 1. For all those reasons I reach the conclusion that this application under section 91(2) must be dismissed. The Court cannot undo that contract. GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. It may be that by reason of what is happening on the land, completion with Mr Taylor's company will not be in five days' time, it may be it will happen in late December or January, but that has come about not because Mr Taylor's company has required that and has only been prepared to bargain on that basis, but because Mr Hunter -- in breach I have to say of an order of the Court -- has manoeuvred himself to produce that adverse consequence. 13. 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. 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. 90. 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. 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. In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. By Clause 3.1.3 in particular Mr Hunter agreed that he would not without the bank's prior written consent dispose of the charged property. Their payments fell into arrears and the building society started proceedings for repossession. The auction contract identifies further terms which apply to this sale. (NWBD) Add to my list. WIPO Domain Name Decision: D2003-0051 MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. 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 . ]: 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.) Jurisdiction code: Breach of Contract, Disability Discrimination, Maternity and Pregnancy Rights, Sex Discrimination. PDF National Westminster Bank Plc 2021 Annual Results 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.