I will refer to the buyer as Mr Taylor's company. 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. Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. 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. 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. During the afternoon of 14th July 2011 the firm of Allsops, well-known surveyors and auctioneers, auctioned the land at The Park Lane Hotel, Piccadilly, London, W1. MISS WINDSOR: Might I flag up simply that insofar as he does [inaudible] an application for permission to appeal, in a moment I shall be inviting your Lordship to abridge time. NB v. London Borough of Haringey, [2011] EWHC 3544 (Fam); [2012] 2 FLR 125; [2012] Fam. 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. These powers given by Clause 5 are in addition to all parts conferred on the Receiver under the general law. 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. He was ordered by the Aylesbury County Court to remove the cattle by a date in the past. Southwark Crown Court. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. Mr Hunter told me that the amount of money to be borrowed from UK Farm Finance Limited was not less than 1.55 million. They agreed, subject to a legal charge on . This time the contracts provide for the property to be sold for 1.55 million, but the debt secured by the charge over the properties is again, roughly speaking, 2.5 million to 3 million. That has the heading "Effect of contract for sale" but if one reads the passage it can be seen that is dealing with a contract made by a mortgagee acting under the mortgagee's power of sale. Bays 2, 3 and 4. are set within octagonal colonnettes surmounted by lantern domed finials, MR JUSTICE MORGAN: Right. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. Formal demands by the bank for payment were made in 1992 and there were intermittent payments by the husband until January 1993, after which he was declared bankrupt. The last thing he wanted to do was to contract at an auction to sell the property, but in law that is precisely what he has done. Bank. History [ edit] In 1970, the club was formed as a result of the merger between National Provincial Bank and Westminster Bank to form NatWest. It is plain to me that he will continue to be uncooperative and difficult in similar ways to those which he has manifested in recent times. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. It has not been served with notice of this application and has not had an opportunity to put forward its position. Court grants injunction, despite noting that was fairly unreasonable and . 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. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. I sincerely hope that Mr Hunter will see just how foolish he has been in the conduct on which he has embarked. MISS WINDSOR: This is the first I have heard of it. 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. 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. 21. The battle was between which of the two of them should have conduct of the sale. Previously, Hunter was Read More Contact Hunter Menton's Phone Number and Email Last Update 11/13/2022 7:20 PM Email h***@natwest.com MISS WINDSOR: 52.4(2): "The appellant must file the appellant's notice at the appeal court within such period as may be directed by the lower court or where the court makes no such direction 21 days after the date of the decision of the lower court that the appellant wishes to appeal." Mr Hunter had no proposals of a positive or constructive kind to put forward. They're there, they're on the map, sir. Nestle v National Westminster Bank: ChD 1988. You will just have to be patient a little longer. MR JUSTICE MORGAN: Right. Shares were issued on the sending of the allotment letter, not when the shares came to be registered in the company's books. MR JUSTICE MORGAN: Shall I hear what he says about that first? 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. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. 2. 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. 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. MR JUSTICE MORGAN: You cannot fail to understand that. 50. MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? You will also now be aware of the two papers served at Aylesbury County Court on Monday, 11th July 2011 by Mr Oldham and Mr Malt, who intend to establish their proprietal rights over Manor Farm, Pitchcott. 92. I will start the comparison by looking at the position of K Hunter and Sons Limited. But the land has been sold by contract to Mr Taylor's company. Mr Hunter, I am asked to make an order in detailed terms. I will take legal advice on it, sir. National Westminster v Morgan [1985] AC 686 by Will Chen 2.I or your money back Check out our premium contract notes! NatWest Group - Mortgages. MR JUSTICE MORGAN: All right. The particulars of sale referred to the land. 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. MISS WINDSOR appeared on behalf of the CLAIMANT. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). The position under the auction contract is radically different. The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. 30. In that case both the mortgagor and the mortgagee wished to see the property sold. If there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. Formal demands by the bank for payment were made in 1992 and there were intermittent payments by the husband until January 1993, after which he was declared bankrupt. 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. 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. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. The e-mail was in these terms: "Further to our recent correspondence, I am writing to you again to make an increased offer of 1.550 million to be paid in 12 months' time. 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 the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. I note that your letter is silent on these points. Whether that came before the other contracts of 14th July or after it in my judgment makes no difference. (2) There shall be entered in the register. 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. MR JUSTICE MORGAN: You do not want an order for costs? 74. 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 Dealing with the question of the Court's jurisdiction, Miss Windsor of counsel, who appears on behalf of the bank, initially took the point that the court did not have jurisdiction under this sub-section because by reason of the auction contract or by reason of that and other matters Mr Hunter could not satisfy the Court that he was a person interested in the right of redemption. National Westminster Bank Plc (1968-date), established in London, is part of NatWest Group. The way in which Mr Hunter went about assessing a suitable price for such a sale to the connected company was to take a valuation of the entirety of the charged property, to deduct from it the proceeds of sale on the sale of part of Kirkdene and to arrive at a resulting figure. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. 33. So for all those reasons I will abridge time to 14 days. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. The Court will simply not tolerate that conduct continuing. National Westminster Bank plc - Branch Network. 37. MR HUNTER: One strikes the mind, sir. 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. 70. By section 352 of the Act of 1985: " (1) Every company shall keep a register of its members and enter in it the particulars required by this section. Confirmation statement filters Accounts Capital Charges Confirmation statements . That is in accordance with the normal position in charges of this kind. I will refer to the contract in relation to the bulk of the land. 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. 42. By Stuart Littlewood. The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. 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. 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. He is not in practical terms able to redeem the charges so he is not able to convey free from the charges. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? Mr Hunter was represented by counsel; Mrs Hunter was not represented by a legal representative. So it will be the lodging of the appeal which will enable a number to be added to the appeal and then my instructing solicitors to apply for an expedited hearing and even at that point we anticipate it will take some weeks. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. 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. I need to deal with those matters, albeit briefly. That would have left a balance of 2.5 million, which I am told in the course of argument has risen further by reason of fees and charges being added to the principal debt. 53. 1 - 3 National Westminster Bank. Just before we deal with that, I am asked to order costs against you in relation to both applications. MR JUSTICE MORGAN: So you want an order for today? 31. 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. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. 02/23. As the months went by the bank considered what course it should take and at some point it considered it should sell the land by auction in a conventional way. The lot would obviously need to be withdrawn from the auction now if this offer is acceptable to you. Rights have been acquired by Mr Taylor's company, Mr Taylo's compoany is on the face of it entitled to pursue those rights. change. However, the comparison ceases to be favourable to Mr Hunter from that point. 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. 61. Constructive trusts and proprietary estoppel often do what unjust enrichment cannot Birks, An Introduction to the Law of Restitution (Clarendon Press, 1989), 89 Fuller,Legal Fictions (Stanford University Press, 1967) Att-Gen for Hong Kong v. Reid [1994] AC 324 Westdeutsche Landesbank v. 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. 51. It is possible this bank is of similar date and by the same architect. Not only do we facilitate the sharing of data but we also utilise our investigative .
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