Not only do we facilitate the sharing of data but we also utilise our investigative . 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). 69. 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. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. The cattle are chattels personal and are therefore goods and therefore the statutory provisions apply to the cattle. MISS WINDSOR: The relevant provisions are CPR 52.4, page 1541 of the White Book. 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. Just before we deal with that, I am asked to order costs against you in relation to both applications. The plaintiff sought summary judgment. 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. I am very far from satisfied on the material before me today that K Hunter and Sons Limited has tied up satisfactorily the question of funding a purchase at a price of 1.55 million. 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. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. I have referred to that letter on the question of funding because the question of funding was raised in the communications between the parties prior to the auction in this case. National Westminster Bank Ltd v Barclays Bank International Ltd [1975] 1 QB 654 (17 June 1974) is a decision of the High Court relating to the duty of care of a bank in relation to forged cheques with respect to persons other than their customer. 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. 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. 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. As I will describe in due course, part of the land the subject of the charge of 12th April 2007 has more recently been sold, but the remainder of that land remains subject to that charge. Interact directly with CaseMine users looking for advocates in your area of specialization. The court set down the principles to be applied in abuse of process cases, where a . 81. At any rate, I proceed on that basis for today's purposes. I will start the comparison by looking at the position of K Hunter and Sons Limited. 93. National Westminster Bank Plc v Hunter Law of Property Act 1925, s.91(2) - Mortgagor having continued interest in right of redemption - Conflicting contracts for sale - Whether mortgagee acted correctly in proceeding to sale by action - Applicability of remedy where sale contracted - Torts (Interference with Goods) Act 1977, s.13 - Order for sale of cattle National Westminster Bank Plc v Hunter & Anor | [2011] EWHC 3170 (Ch) | England and Wales High Court (Chancery Division) | Judgment | Law | CaseMine Browse cases England and Wales High Court (Chancery Division) 2011 November National Westminster Bank Plc v Hunter & Anor The Court of Appeal decision in National Westminster Bank Plc. He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. As I have indicated the contracts of February 2011 were not completed. By Clause 4.3 the bank is given the power to appoint a Receiver. MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. On the other hand, this matter has gone on for a considerable time and you have failed to comply with Court orders in the past. It is agreed that all of the land with which this case is concerned is subject to one or other of those two charges. He was ordered by the Aylesbury County Court to remove the cattle by a date in the past. 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. The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. Sorry, I don't understand what you're asking for. Turning then to the position of Mr Taylor's company, the Court has not been given evidence as to the position of that company or the people standing behind it. 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. National Wesminster Bank PLC. PDF Re Spectrum Plus Ltd; National Westminster Bank plc v Spectrum Plus Ltd GBX. Confirmation statement filters Accounts Capital Charges Confirmation statements . The sale memorandum records that the seller is Mr Hunter acting by his Receivers. National Westminster Bank v Morgan - 1985 - LawTeacher.net If I made an order in Mr Hunter's favour under section 91(2) whereby Mr Hunter sold the land to K Hunter and Sons Limited I would place Mr Hunter in breach of contract in favour of Mr Taylor's company. Regina (Financial Conduct Authority) -v-. I note that in earlier correspondence you stated quite categorically that you were unable to raise more than 1.31 million 'now'. 64. In the course of his submissions to me today Mr Hunter questioned the bank's entitlement to appoint those Receivers. Newbury Building Society. 32. MR JUSTICE MORGAN: Do you want to have access to move them on a particular time? 77. floating charge. There was some description of some matters in relation to the land which I have been shown as follows. 01-11-2022 Summary of outcome On 10 October 2022, the High Court handed down its judgment in the appeal of Steiner v National Westminster Bank plc [2022] EWHC 2519. 71. MR HUNTER: One strikes the mind, sir. Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. Royal Trust Bank v National Westminster Bank plc - Wikipedia The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. 83. 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. I have been shown a number of authorities on the operation of section 91(2). 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. That company was acquired off-the-shelf in around February 2007. Shall we just work out the agenda? For all those reasons I reach the conclusion that this application under section 91(2) must be dismissed. Is that clear? 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? That is what he has to do to get the appeal up and running, is it? 39. 63. Also taking into account that I am still in possession of Manor Farm, Pitchcott, proof of funding can certainly be provided for a part payment up-front with a second charge in 12 months' time and I am happy to negotiate a figure with yourself that would acceptable to the bank and to myself. 14. They are currently members of the Amateur Football Combination . If there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. Until the Court of Appeal grapple with your case these orders will bind you. 21. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. Should the property remain unsold following the auction and you can provide proof of funding from your new lender I shall be happy to give further consideration to your refinancing proposals. 10. NATIONAL WESTMINSTER BANK PLC : NWBD Stock Price - MarketScreener There have been further communications between Mr Hunter and the bank in the period from February 2011 to July 2011. 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. 2. 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. 44. Insofar as the bank seeks an order for sale under section 13 of the Torts (Interference of goods) Act 1977 the point made by Mr Hunter is first that the cattle which are on the land and which might, in breach of the Court orders, in the future be brought onto the land are not "goods" for the purpose of the 1977 Act. 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 He has deliberately, in breach of Court orders, refused to do so to gain an advantage by his unlawful conduct. Having set out the relevant facts, having identified the legal position under the various contracts which have come into existence, having informed myself of the way in which the jurisdiction under section 91(2) has been and should be exercised, in my judgment this does not begin to be a case in which the Court should intervene and upset the arrangements which have been brought into existence. 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. The 14th July was a significant date because it was the date fixed for an auction of the charged property. 80. Court grants injunction, despite noting that was fairly unreasonable and . 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. 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. 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. 17. They agreed, subject to a legal charge on . 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. MR JUSTICE MORGAN: The second application is brought by the bank. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. However, the comparison ceases to be favourable to Mr Hunter from that point. MR HUNTER: The section 91 and the second application, sir. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). 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. 19. (NWBD) Add to my list. Since the making of the order for possession a number of things have happened, not all of which I need recite. [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. United Kingdom IBAN and BIC Format - IBAN Checker: International Bank 52. I have been told you have gone to a solicitor in the past----, MR JUSTICE MORGAN: ----you do not have to tell me, but are you intending to go back to the same person----. 40. MR JUSTICE MORGAN: And they will take effect whether you issue an appellant's notice or do not issue an appellant's notice. National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd John Trenberth v. National Westminster Bank - Ininet.org National Westminster Bank plc - Branch Network. * Enter a valid Journal (must Nestle v National Westminster Bank This is an appeal by the plaintiff in the action, Miss Nestle, against a judgment of Hoffmann J., given as long ago as 29th June 1988, whereby, at the end of the trial of the action, he dismissed all Miss Nestle's claims against the defendant in the action, National Westminster Bank Plc. It is also the case that there have been further applications to the Court and eventually Mr and Mrs Hunter did leave the land, that is they ceased to reside on any part of the land or buildings. 42. For the sake of completeness I will start with the contracts of February 2011, although the position there is essentially the same as with the contracts of 14th July 2011 in favour of K Hunter and Sons Limited.
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