56. 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. MR HUNTER: I think both, sir. 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. Mr Hunter, I am asked to make an order in detailed terms. MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. It is not necessary to examine further the reason for that, that principle does not apply where the contract is made by the mortgagor as the auction contract in this case was made. 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. 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. For all those reasons I reach the conclusion that this application under section 91(2) must be dismissed. He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. 76. 90. That certainly means that Mr Hunter is not able to convey title to the charged property to a third party. 23. Nestl v National Westminster Bank Plc [1993] 1 WLR - ResearchGate 19. 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. 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. Do you have anything to say about costs? 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. Hudson v Secretary of State for Social Services, Jones v Secretary of State for Social Services [1972] 1 All ER 145, [1972] AC 944, [1972] 2 WLR 210, HL. MR HUNTER: But can I? Published 2 March 2022 Explore the topic. MR JUSTICE MORGAN: You cannot fail to understand that. 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. Nestle v National Westminster Bank plc [1992] EWCA Civ 12 is an English trusts law case concerning the duty of care when a trustee is making an investment. Click here to remove this judgment from your profile. The wife got the family home as a life interest and a tax free annuity. The Role of Bank as Trustee - Academike As a matter of simple mathematics that is a higher figure than the price to be paid under the auction contract of 1.505 million. 48. National Westminster Bank Public Limited Company 1 - 3 National Westminster Bank. Arnold v. NatWest Bank Plc. (H.L.(E.)) The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. The Second Defendant is his wife, Mrs Karen Hunter. 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. 72. Challenge to remove Jimmy Savile's Executors fails I appreciate your difficulty that you are in person, you have to get legal advice. The other matter concerns the way in which the payment was to be made. 92. The letter does refer to "a formal offer of finance" which suggests that something in written form and in more detail did exist by 29th July 2011. 49. They agreed, subject to a legal charge on . National Westminster Bank. National Westminster Bank Plc and Another v Inland Revenue Because, of course, first of all the application would be considered on paper and then Mr Hunter would have a possible right to renew his application orally. 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. 22. Contains public sector information licensed under the Open Government Licence v3.0. MISS WINDSOR: It may be that my instructing solicitors will apply for the transcript, but they cannot apply to the Court of Appeal for an expedited hearing until such time as the appeal is underway. I note that in earlier correspondence you stated quite categorically that you were unable to raise more than 1.31 million 'now'. Found National Westminster Bank Plc v Hunter & Anor useful? 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 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. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. If you are to get any modification of these orders you will have to in your own interests act extremely quickly. The contract was to be completed six months from the date of the contract. In those circumstances, the cattle being on the land in the possession of the bank under the control of the Receivers it seems to me that at that point in time, if not earlier -- and I decide nothing about the earlier period -- that the cattle will be under the control of the bank which seeks this order. Having done that, Mr Hunter entered into two contracts of sale, one relating to a small area of land at Kirkdene for 7,500 and the other relating to the bulk of the land at a price of 922,500. Ch., Walton J. NB v. London Borough of Haringey, [2011] EWHC 3544 (Fam); [2012] 2 FLR 125; [2012] Fam. 50. The bic codes below belong to NATIONAL WESTMINSTER BANK PLC bank and/or any of its branches across all countries and cities in the world. Confirmation statement filters Accounts Capital Charges Confirmation statements . (2) There shall be entered in the register. Is that a point to ask? On the other hand, Mr Hunter, who is a stock farmer, has left upon the land a number of cattle, I think some 90 or so, although as a result of recent developments the number of cattle on the land today I understand is 3 cows. MR JUSTICE MORGAN: Right. WIPO Domain Name Decision: D2003-0051 69. National Westminster Bank Plc - Ventures. Southwark Crown Court. "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. FCA-v-Natwest-Sentencing-remarks-131221.pdf 405.95 kb. MR JUSTICE MORGAN: And even if I do not give you permission to go to them you are free to go to them and tell them all about it and they will do what is appropriate. 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. 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. MR JUSTICE MORGAN: Well, I am giving you an opportunity, which you do not have to take, of raising any point of detail on the drafting of the order. MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. 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. 71. 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. I will take legal advice on it, sir. There are other provisions which may perhaps be useful in connection with a proposed sale by a Receiver but it is not necessary to refer to them in this judgment. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 89. MISS WINDSOR: This is the first I have heard of it. 11. 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 Pursuant to the negotiations with Mr Hunter on 14th July 2011, some at least of the purchase price, perhaps a substantial part of the purchase price, was to be postponed for a 12 month period. The battle was between which of the two of them should have conduct of the sale. 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. 47. I will refer to the contract in relation to the bulk of the land. 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. PDF Re Spectrum Plus Ltd; National Westminster Bank plc v Spectrum Plus Ltd MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. I turn then to the contracts made on 14th July 2011, if that is the correct date, in favour of K Hunter and Sons Limited. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. What matters more are the events of the 14th July of this year. O. Olley v Marlborough Court [1949] 1 KB 532 Omnium D'Enterprises v Sutherland [1919] 1 KB 618 Oscar Chess Ltd v Williams [1957] 1 WLR 370 .
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