Mr Hunter has himself prepared a chronology which he has placed before me. 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. 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. The bank replied in these terms: "In my letters to you earlier this week I made it clear to you that as a condition of any proposals being accepted and for me to be able to ask the Receivers to withdraw the property from the auction the bank would require your solicitor (1) to pay a non-refundable deposit of 10 per cent of any agreed settlement figure prior to auction and (2) to provide proof of funding. 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. MISS WINDSOR: No, because the consequence of that is [inaudible]. 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. Mr Hunter has put before me a written argument prepared for him by solicitors whom he has consulted which puts forward the rival point of view. Mr Hunter told me that the amount of money to be borrowed from UK Farm Finance Limited was not less than 1.55 million. MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. Get 1 point on adding a valid citation to this judgment. Although Mr Hunter has entered into conflicting contracts, it may very well be the case due to the connection with K Hunter and Sons Limited that it will not sue Mr Hunter for damages because he is unable to perform those contracts. The trust fund was then worth about andpound;50,000. 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. 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. MR HUNTER: Do you have the power to ban me from public footpaths? So that is the order. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. 50. That means section 12 applies. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. I will start the comparison by looking at the position of K Hunter and Sons Limited. National Westminster Bank (A/K/A NatWest Bank) is a fully-owned subsidiary of the Royal Bank of Scotland Group, which in March 2000, completed the acquisition of NatWest Bank. 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. MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. 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. 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. You are not free to disregard them just because you want to tell the Court of Appeal that they were wrong. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. 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. MR JUSTICE MORGAN: I thought we had got into 2011, but tell me the rule again, 52.4? 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. 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. The contracts of February 2011 provided for Mr Hunter as seller to sell the land to K Hunter and Sons Limited for 930,000. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. GBX. MR JUSTICE MORGAN: So you want an order for today? Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . The lot would obviously need to be withdrawn from the auction now if this offer is acceptable to you. There is no application before me today for any relief in relation to what happened in relation to Kirkdene and it is not necessary for me to go into that matter any further or say anything about it. The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. [1991] 2 AC 93, [1991] 3 All ER 41, [1991] 2 WLR 1177. 62. It is pursuant to an application notice of 21st October 2011. If the matter had come before the Court before the auction sale, in theory at any rate, the Court could consider an application to restrain the Receivers from selling the land. 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. 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. Bank) G. V. II. 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. 46. Brief history This joint stock bank was established in Southwark in 1836 as Surrey, Kent & Sussex Banking Co. The bank brought possession proceedings against Mr and Mrs Hunter. 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. 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. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). Completion will take place following confirmation from the seller that the cattle have been removed. At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. ", 26. There is an effective contract by Mr Hunter to sell to Mr Taylor's company. The time has come for this state of affairs to be brought to an end by direct intervention by the bank assisted by the Court's order and so I will make the order which I am asked to make. That is in accordance with the normal position in charges of this kind. New Wave Capital Ltd. Newable Business Finance Ltd. Newable Limited. In case of any confusion, feel free to reach out to us.Leave your message here. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. 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. 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. 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. Clause 8 of the contract is headed "Matters affecting the property". 75. 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. Get 2 points on providing a valid reason for the above Shall we just work out the agenda? Download Citation | Nestl v National Westminster Bank Plc [1993] 1 WLR 1260, Court of Appeal | Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. I have been shown a number of authorities on the operation of section 91(2). This case concerns agricultural land and buildings at Manor Farm, Pitchcott, Aylesbury and at Kirkdene, Pitchcott, Aylesbury. 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. 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. 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. That is what he has to do to get the appeal up and running, is it? Whether that came before the other contracts of 14th July or after it in my judgment makes no difference. The future of this land has had to be addressed. They are in force. Let me see what Mr Hunter says about those two matters and his application for permission. 77. But the land has been sold by contract to Mr Taylor's company. The Court of Appeal was in no doubt that in a case where everyone agreed the property should be sold that it was not appropriate to use the jurisdiction of section 91(2) to override the mortgagee's exercise of its power of sale. This works out as three complaints per 1,000 relevant accounts. 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. I can now pick up the chronology again by referring to what happened at that auction. MR JUSTICE MORGAN: Well, I think, Mr Hunter, given the cleverness of your point that you had better put in some evidence on which I can act that there is a public footpath and then apply to vary the order in relation to it and that will be considered. 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.". 0 - 3 London Legends FC. It is clear that it is in Mr Hunter's interest to decline to cooperate and to make life difficult to the bank, although it is not in Mr Hunter's interest for him to break Court orders as he, on the face of it, has done, the Court orders to which I refer including an order made by the District Judge in the County Court on 31st August 2011, which required Mr Hunter to remove his stock from the land.

Michael Mcgrath Obituary Orland Park, Il, Dolores And Frank Catania Wedding, Border Force Fitness Test Uk, Articles N