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. FCA-v-Natwest-Sentencing-remarks-131221.pdf 405.95 kb. 38. change. 13. 19. 73. Whether that deposit was paid or not paid is not in the event material. 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. Abuse of Process and Re-litigation. I can only give permission if I am satisfied that you have a real prospect of success in the Court of Appeal or there is some other reason why this case should be considered by the Court of Appeal. 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. The mortgagor put forward a number of reasons why the mortgagor should have conduct of the sale, one of those perceived benefits was that the mortgagor could remain in possession and resist an order for possession or the enforcement of an order for possession in favour of the mortgagee. 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. Law 512, 88. 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. 32. 83. 53. I do not have very much detail about the state of affairs in relation to the company, but Mr Hunter has told me at the hearing today that all of the shares are owned by Mrs Karen Hunter and that he believes that she is a director of that company. Get 1 point on adding a valid citation to this judgment. The contracts of 23rd February 2011 have not been completed. 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. Section 14(1) defines "goods" to include all chattels personal other than things in action and money. Right, any other point on the draft order? 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. It may be convenient at this point before considering the application of section 91(2) to that state of affairs to investigate a matter which has been very much in dispute in the course of argument. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. For all those reasons I reach the conclusion that this application under section 91(2) must be dismissed. 44. 14. In that case both the mortgagor and the mortgagee wished to see the property sold. I am not going to start going into a point of that kind at this stage when you have not mentioned it before. They are currently members of the Amateur Football Combination . Mr Hunter has been very well aware for a considerable period of months that the bank has wanted him to remove his cattle. Ethan Crane . MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. 62. Let me invite Mr Hunter to deal with that. If Mr Hunter seeks to continue the conduct he will place himself in very grave peril of being put in prison for a period of time which will bring home to him the consequences of his conduct. 8. 92. That means section 12 applies. As I have indicated the contracts of February 2011 were not completed. GBX. In particular, part of Kirkdene has been sold. England and Wales. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. If you are to get any modification of these orders you will have to in your own interests act extremely quickly. Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) Hunter v Canary Wharf; Hussey v Palmer; Hydeshire Ltd's Application, Re; Hypo-Mortgage Services v Robinson (I) IAM Group plc v Chowdrey; . Get 2 points on providing a valid reason for the above By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. There is no application before the Court today to have the appointment set aside or to have the Receivers removed. 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. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. National Westminster Bank Football Club is a football club based in Beckenham, England. At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. 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. 55. Mr Hunter, I am asked to make an order in detailed terms. This is also applied in National Westminster Bank v Hunter. 20. I do not have any evidence to judge what the measure of damages might be, but that would be the legal consequence. 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. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. If there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. So that is the order. 34. The last outstanding life interest under the trust was that of her father John, who died in 1986. 24. Jurisdiction code: Breach of Contract, Disability Discrimination, Maternity and Pregnancy Rights, Sex Discrimination. It is only if one takes into account both contracts that one gets an aggregate price of 1.55 million. MR JUSTICE MORGAN: Some of these orders are going to take effect immediately, some are going to take effect tomorrow. True it is that the auction is not something Mr Hunter took part in or has come about in accordance with his wishes, but when he signed the charge, when he permitted the bank to appoint Receivers, when he gave the Receivers the power to sell as agents for the mortgagor, Mr Hunter put in train a series of events which has led in law to the situation that Mr Hunter has contracted to sell to Mr Taylor's company. There is an effective contract by Mr Hunter to sell to Mr Taylor's company. Read the full decision in Mrs L . The bank wishes to sell, the bank has taken steps to sell, the bank has gone about the matter in a way which cannot be undone, certainly not on the application of Mr Hunter as mortgagor. 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. 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. Completion will take place following confirmation from the seller that the cattle have been removed. Apart from the change to the date there does not appear to be any other change to the contract relating to land at Kirkdene, the price there remains 7,500, the deposit remains 1. 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 . It would necessarily follow that if that order were to be made that Mr Hunter would be able to make title free from the charge to K Hunter and Sons Limited, so the intervention of the Court would free Mr Hunter from the legal difficulty he is otherwise under. 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 JUSTICE MORGAN: There is a Court of Appeal. 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. It is not said that those sums were available to K Hunter and Sons Limited, I was told K Hunter and Sons Limited had no assets apart possibly from the benefit of the contract to which I have referred. 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. 33. There is no evidence before me that that consent was obtained or given. Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. 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. 43. Shall we just work out the agenda? On the other hand, he is in person. The purchase price under the auction contract was 1,505,000. The seller there is again Mr Hunter. 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. If I'm going to be banned from my property how do I move the cattle? 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.". It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. Sentencing Remarks of Mrs Justice Cockerill. 84. MR JUSTICE MORGAN: I thought we had got into 2011, but tell me the rule again, 52.4? [2] It is the leading English case and a banker's right to combine accounts, [3] and also an important decision relating to insolvency set-off. It is not necessary for today's purposes to decide when it was that Mr Hunter and K Hunter and Sons Limited altered the date on the February contracts to be 14th July 2011. The contracts provided for the buyer to take the land free from the bank's charge. I mean, he is entitled to seek to get permission from the Court of Appeal where he will say that what has happened here has been grotesquely unfair, so I am not going to stop him saying things like that. MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. Sat 11 Feb 23. MR JUSTICE MORGAN: There is something before that, is there? For every 1,000 home finance loans that we had outstanding, we received five complaints. 46. It seems to me inevitable that I must proceed today on the basis that the Receivers have been validly appointed and have the powers vested in them by the legal charges. Section 91(2) is in these terms: "In any action, whether for foreclosure or for redemption or for sale or for the raising and payment in any manner of mortgage money, the Court on the request of the mortgagee or of any person interested either in the mortgage money or in the right of redemption and notwithstanding that (a) any other person dissents or (b) the mortgagee or any person so interested does not appear in the action and without allowing any time for redemption or for payment of any mortgage money, may direct a sale of a mortgaged property on such terms as it thinks fit, including the deposit in court of a reasonable sum fixed by the Court to meet the expenses of sale and to secure performance of the terms.". 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. MR JUSTICE MORGAN: Which bit of it do you want to appeal? Coordinates Latitude: 53.4064 / 5324'23"N Longitude: -2.9913 / 259'28"W OS Eastings: 334197 OS Northings: 390410 OS Grid: SJ341904 Mapcode National: GBR 72N.YW Mapcode Global: WH877.0MVY Plus Code: 9C5VC245+HF Entry Name: National Westminster Bank Listing Date: 28 June 1952 Grade: II* Source: Historic England Source ID: 1205939 The plaintiff sought summary judgment. 86. The Court cannot undo that contract. MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? 3. Clause 3 of the charge is headed "Restrictions on charging, leasing, disposing and parting with possession". The trust fund was then worth about andpound;50,000. Then there is the question of funding. Those are the principal matters of fact which are material to the application to which I next refer. Citations: [1985] 2 WLR 588; [1985] AC 686. 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. v. Arthur Young McClelland Moores & Co. (Practice Note) . National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd [1972] AC 785 is a decision of the House of Lords in relation to a banker's right to combine accounts under English law. MR JUSTICE MORGAN: All right. But for today's purposes all I need to record is that it is not necessary for me to form a view whether the contracts with K Hunter and Sons Limited of 14th July 2011 came into existence before the land was knocked down at auction or after that date. 49. The contracts appear to be in essentially the same terms apart from the identity of the land and the price. The contact provides for a 10 per cent deposit, 150,500. You are not to go there, you are not to interfere. Facts [ edit] A testator died in 1922 and named his widow, two sons and wives and one grandchild as the beneficiaries. Joe Bumpus. He will have to get an appellant's notice drafted---. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? 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: No, but the Court of Appeal is not going to really know what this case is about, particularly with Mr Hunter acting without legal assistance, unless it sees what was put forward as the reasons for the decision. You will just have to be patient a little longer. 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. Currently, both domestic bank account numbers and IBAN are in circulation. We need to discuss the detail of the Court order, we need to discuss costs and we need to discuss Mr Hunter's application, which I apprehend he may wish to make, to have permission to appeal. The bank brought possession proceedings against Mr and Mrs Hunter. Paragraph 2 says you are not to go there. Nor can I change the position in Mr Hunter's favour by granting some relief by way of injunction or otherwise against the Receivers. 11.2, if the condition has not be satisfied within six months of the auction date then either the buyer or the seller can serve notice on the other to terminate this contract. 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." I am inviting the Court to direct a shorter period pursuant to paragraph (2)(a). I assume any potential bidders are aware of the above information as they should be. That is in accordance with the normal position in charges of this kind. 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. By Clause 4.3 the bank is given the power to appoint a Receiver. History [ edit] In 1970, the club was formed as a result of the merger between National Provincial Bank and Westminster Bank to form NatWest. 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. Miss Windsor, is there a point about public footpaths that needs to be considered? MR HUNTER: Sir, do I understand you correctly, sir, what you just said that I can actually appeal against what you've just said; is that correct? MR HUNTER: But can I? 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. 42. My submission would be that even if there is there is no reason why the Court should not injunct the First Defendant from using it. Mr Hunter has himself prepared a chronology which he has placed before me. 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 am not asking you to move them, that is going to be done despite what you do rather than relying upon you. Adam Billey. Using IBAN since United Kingdom has officially introduced the IBAN system in April 2001. Delayed London Stock Exchange - 11:35:00 2023-02-27 am EST. Court grants injunction, despite noting that was fairly unreasonable and . MR JUSTICE MORGAN: Right. Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. MR HUNTER: The section 91 and the second application, sir. Clause 8.1.A reads: "The seller will sell the property free from incumbencies other than any matters other than the charge contained in the land registry entries." 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. It is in your interests to get to the Court of Appeal. Ctrl + Alt + T to open/close . Making that contract, as I say, does not take from him his equity of redemption. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. Public Company Incorporated: 1968 Employees: 110,000 Assets: 98.64 billion (US$178.4 billion) Stock Index: London New York Tokyo National Westminster Bank (NatWest) was created in 1968 by the merger of three major banks all established in the early 19th century: the District Bank, the National . 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. - but doesn't want them to do that. 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. 6 bay facade. MR JUSTICE MORGAN: You cannot fail to understand that. I shall be asking the Court to make a direction under CPR 52.4 to be the period be seven days in this case. 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. 69. Taxpayer stake in Natwest reduced again as government sells shares. The court set down the principles to be applied in abuse of process cases, where a . That state of affairs has come about because Mr Hunter has continued to act unlawfully by having his cattle on the land, no doubt seeking to make a nuisance of himself and no doubt hoping that he will interfere with the contract for sale in favour of Mr Taylor's company. The particulars of sale referred to the land. It said: "The property is not vacant, there is a 60 strong beef cattle herd currently on the property. At any rate, I proceed on that basis for today's purposes. The agreed completion date is expressed to be five business days after a certain condition has been satisfied.