If I'm going to be banned from my property how do I move the cattle? 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. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. 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. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). 21. Accordingly, the question of selling the land has been one of the matters at the front of anyone's consideration. GRAHAM STAPLES, secretary, 10 May 1994 - 1 May 1994. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. Nothing of that kind was put before the bank prior to the auction taking place and nothing of that kind has been put before the Court today. [4] The contracts of 23rd February 2011 separately relating to land at Manor Farm and land at Kirkdene have had the dates of the contracts on the cover sheet and within the body of the contract changed from 23rd February 2011 to 14th July 2011. MR HUNTER: So what are you asking for? 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. 64. That is generally regarded as the appropriate action of a bank or a Receiver who has a duty to take steps to obtain a proper price for the security. National Carriers v Panalpina [1981] A.C. 675 National Westminster Bank v Morgan [1985] AC 686 Nicholl and Knight v Ashton, Eldridge & Co [1901] 2 KB 126 Niersmans v Pesticcio [2004] WTLR 699 . 41. 53. By Clause 1.1 of the charge Mr Hunter charged by way of legal mortgage the property which I have described as the subject of the charge. The contracts of 23rd February 2011 have not been completed. 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. 17. 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 definition continues but it is not necessary for me to read it out. Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . 36. [1977] A.C. 1, and Hunter v. Chief Constable of the West Midlands Police [1982] A.C. 529 are obiter indorsements of obiter dicta, so far as the vital words are concerned, and only Lord Hailsham of St. Marylebone . 13. MR JUSTICE MORGAN: He is a member of the public and the public has the right. 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. National Westminster Bank. Southwark Crown Court. The matter then turned upon the way in which that jurisdiction should be exercised and in the somewhat special circumstances of that case it was decided that it would be unfair to leave the property unsold and it would be appropriate for the Court to assist the mortgagor by making an order for sale. 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. Those proceedings were started in the Aylesbury County Court by a claim form dated 29th June 2010. Mr Hunter has raised a number of questions today in argument as to the way in which the bank or the Receivers went about the sale of part of Kirkdene. A charge over book debts in a debenture which required the proceeds of the book debts to be paid into an account with the bank but placed no restriction on the use that could be made of the balance on the account thereafter was a floating and not a fixed charge, Siebe Gorman & Co Ltd v Barclays Bank Ltd (1979) 2 Lloyd's . [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. Venue: HALL PLACE #4. 23. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. The wife got the family home as a life interest and a tax free annuity. MR JUSTICE MORGAN: There is something before that, is there? 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. 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. 77. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. 35. The letter is in these terms: "Further to our telephone conversation with your solicitor, we write in confirmation that prior to the auction relating to the properties at Manor Farm on 14th July 2011 we had made a formal offer of finance to you to enable you to purchase Manor Farm, comprising the three residential units and the farm land, for a purchase price of 1,550,000. You are not free to disregard them just because you want to tell the Court of Appeal that they were wrong. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. 50. 48. 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. 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. MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. Do you have anything to say about costs? We would also like to set optional cookies to improve our site and bring you more . 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). If there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. 67. MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. 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. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. However, the comparison ceases to be favourable to Mr Hunter from that point. Although Mr Hunter is not in a position to raise that money there still remains an equity of redemption in the event that he were able to raise that money. P Click here to remove this judgment from your profile. The Second Defendant is his wife, Mrs Karen Hunter. 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 . MISS WINDSOR: Although that does not have to be included in the bundle. I will start the comparison by looking at the position of K Hunter and Sons Limited. 6 bay facade. Further, under section 12(1)(a) Mr Hunter is already in breach of an obligation to take delivery of the cattle. A debenture which provided that a charge over book debts was a specific (i.e. 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 This case. That statement fits very badly with the correspondence on 14th July 2011. 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. The court set down the principles to be applied in abuse of process cases, where a . Let me invite Mr Hunter to deal with that. MR JUSTICE MORGAN: Right. I sincerely hope that Mr Hunter will see just how foolish he has been in the conduct on which he has embarked. The bank has prepared a draft order which has been considered in the course of submissions today. History [ edit] In 1970, the club was formed as a result of the merger between National Provincial Bank and Westminster Bank to form NatWest. ", 28. 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 16. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. 49. Mr Hunter told me that the amount of money to be borrowed from UK Farm Finance Limited was not less than 1.55 million. ]: 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.) Raheem Bucknor. "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. 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. 4. Miss Windsor, is there a point about public footpaths that needs to be considered? That is in accordance with the normal position in charges of this kind. Bays 2, 3 and 4. are set within octagonal colonnettes surmounted by lantern domed finials, National Westminster Bank Football Club is a football club based in Beckenham, England. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. What do you say I should do? The Court cannot undo that contract. MR JUSTICE MORGAN: And that is to be without prejudice to any powers you would have to recover costs----. Making that contract, as I say, does not take from him his equity of redemption. 14. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. First of all, to bring the present unsatisfactory state of affairs to end I will make an specific order backed with a penal notice that Mr Hunter and anyone acting on his behalf must not enter upon any part of the property or move or bring any cattle or any livestock or other chattels onto the property.
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