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I will refer to the contract in relation to the bulk of the land. 40. So for all those reasons I will abridge time to 14 days. We would also like to set optional cookies to improve our site and bring you more . The leading authority which identified the potential of the sub-section is the decision of the Court of Appeal in Palk v. Mortgage Services Funding Plc [1993] Ch. I can now pick up the chronology again by referring to what happened at that auction. Sorry, I don't understand what you're asking for. Those proceedings were heard in the County Court on 10th August 2010. National Westminster Bank Plc - Ventures. However, at the hearing Mr Hunter has referred to a subsequent letter dated 29th July 2011 from UK Farm Finance Limited to K Hunter and Sons Limited. Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. It is not a case where the contract which is first in time is valid and the contract which is second in time lacks legal effect. Sat 11 Feb 23. National Westminster Home Loans Ltd. Nationwide Building Society. 49. MR JUSTICE MORGAN: Well, let me see. 79. The beneficiaries named were the widow, children and remoter issue of the settlor. It is also relevant to refer to a limited company which is called K Hunter and Sons Limited. The trust fund was then worth about andpound;50,000. The judge adjourned the application to be relisted at the next available date after 20th July 2011.". The contact provides for a 10 per cent deposit, 150,500. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. I am not satisfied of either of those. 60. 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. 71. 25% off till end of Feb! 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. That company was acquired off-the-shelf in around February 2007. Our 67,404 banking and credit card complaints stem from our 26 million accounts. 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 . National Wesminster Bank PLC. So in Mr Hunter's favour I determine that he is a person interested in the right of redemption. change. It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. MR JUSTICE MORGAN: And they will take effect whether you issue an appellant's notice or do not issue an appellant's notice. If you want to have some sort of suspension or stay you will have to go to the Court of Appeal at an oral hearing probably and ask for them to be modified. 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. The particulars of sale referred to the land. MR JUSTICE MORGAN: My understanding is that you do not need permission from the Court to attach a penal notice, it is a matter for you. 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. ]: 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.) 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. The plaintiff was the remainder beneficiary under the will trust of her grandfather, who died in 1922. 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. Until the Court of Appeal grapple with your case these orders will bind you. MR JUSTICE MORGAN: I think the position is this, that the bank and the Receivers, for reasons that appear to be good ones, have given up on you, Mr Hunter. 76. 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. 64. Included for group value. Listing NGR: SE2637427830 John Trenberth v. National Westminster Bank [1979, Eng. 92. Nestle v National Westminster Bank: ChD 1988. The contracts of 23rd February 2011 have not been completed. So shall we talk about the first and start with you, Miss Windsor? Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. 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. Found National Westminster Bank Plc v Hunter & Anor useful? For every 1,000 home finance loans that we had outstanding, we received five complaints. Under these contracts Mr Hunter is the seller and K Hunter and Sons Limited, the company controlled by Mrs Hunter, is the buyer. In that wa, Mr Hunter decided in February 2011 that he would sell the land which remained subject to the charges to the company K Hunter and Sons Limited to which I have referred. MISS WINDSOR: No, because the consequence of that is [inaudible]. Ch., Walton J. 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. Under the auction contract the full balance of the purchase price is payable on completion. 2 - 0 Beckenham FC. Mr Taylor's company has acquired contractual rights. 16. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. In these circumstances, if it is a relevant question to ask whether the Receivers did the right thing when they took the property to auction and sold it at auction, as compared with cancelling the auction and continuing to talk to Mr Hunter, my conclusion is that they plainly and unarguably took the better course. 19. But the land has been sold by contract to Mr Taylor's company. GEORGE ROSS MATHEWSON, director, 6 Mar 2000 - 28 Apr 2006. Players. Lord Keith of Kinkel, Lord Griffiths, Lord Oliver of Aylemton, Lord Jauncey of Tullichettle. By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. The charge is a defined phrase which enables one to see it is a reference to the charges in favour of National Westminster Bank, to which I have referred. Mr Hunter conversely contends that the Receivers did the wrong thing by putting the property up for auction when he had made offers of the kind I have described to buy the property. Do you have anything to say about costs? floating charge. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. 61. Interact directly with CaseMine users looking for advocates in your area of specialization. This involves a comparison of what the Receivers achieved by auctioning the property and the alternative of negotiating and perhaps concluding a contract with Mr Hunter or K Hunter and Sons Limited. Whether that deposit was paid or not paid is not in the event material. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. 59. You are also aware that there is waste contaminated by asbestos that has to be removed by 2nd August 2011, which is a condition set by the enforcement notice served by Aylesbury Vale District Council. MR HUNTER: The section 91 and the second application, sir. Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. Newbury Building Society. Against that background, Mr Hunter asks the Court to order a sale of the property and in particular a sale which will be a sale by Mr Hunter to K Hunter and Sons Limited pursuant to the pair of contracts of 14th July 2011. 57. 74. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). MR JUSTICE MORGAN: Do you have it in a form that he could sign straight away? I note that in earlier correspondence you stated quite categorically that you were unable to raise more than 1.31 million 'now'. MR JUSTICE MORGAN: All right. In H2 2021, complaints made to the Bank were down ~22% compared to H1 2021. We pride ourselves on our independence, and our human touch. 8. 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 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. 47. 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. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. Sat 18 Feb 23. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. Privatbank 2. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. They are in force. 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. I assume any potential bidders are aware of the above information as they should be. 70. There is no evidence before me that that consent was obtained or given. Secondly, I will order that by a very early point, which will be 4 p.m. on Thursday, 24th November 2011, that Mr Hunter deliver to the bank and/or the Receivers all existing cattle passports and all other relevant documentation spelt out in the draft order that relate to the cattle. Royal Trust Bank v National Westminster Bank plc [1996] BCC 613 was a decision of the Court of Appeal in relation to the nature of a floating charge . Shall we just work out the agenda? The sale memorandum records that the seller is Mr Hunter acting by his Receivers. 50. 23. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. That was a case, different from the present case, where the mortgagor suffering from severe negative equity wished to see the property sold and bring to an end the ongoing liability to pay interest, but the mortgagee did not intend to exercise its power of sale and did not wish to see the property sold at that point in the market.