The definition continues but it is not necessary for me to read it out. 13 December 2021. The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. It seems to me incumbent on the mortgagor to seek from the High Court any relief which that Court is empowered to give before the possession warrant takes effect.". 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 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. The judge adjourned the application to be relisted at the next available date after 20th July 2011.". Ch., Walton J. Newcote Services Limited. ", 25. Before confirming, please ensure that you have thoroughly read and verified the judgment. 74. The last statement in the letter from UK Farm Finance Limited was, I repeat, that funds were available for draw down as at 14th July 2011. It is therefore the case that the Court has jurisdiction notwithstanding the dissent of the bank to direct a sale of the mortgaged property. There was some description of some matters in relation to the land which I have been shown as follows. In relation to the contract relating to Manor Farm, in addition to the change of date there is one further change, that is the purchase price, which had previously been 922,500, has been revised to 1,542,500. In the event that the property remains unsold following this afternoon's auction I would invite you to write to me again tomorrow clearly stating the quantum of the part payment you would intend making now together with proof of funding from your new lender. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 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. 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. At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. We would also like to set optional cookies to improve our site and bring you more . National Wesminster Bank PLC. - but doesn't want them to do that. 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 . The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. If it sued Mr Hunter for specific performance of that contract it would prima facie be entitled to it certainly so long as Mr Hunter remains the owner of the land. National Westminster Bank Plc - Ventures. Not only do we facilitate the sharing of data but we also utilise our investigative . Mr Hunter had no proposals of a positive or constructive kind to put forward. The charge of 6th July 2006 is in relation to property described as land and buildings at Manor Farm, Pitchcott, Aylesbury, Land Registry title number BM195811, and the charge dated 12th April 2007 relates to land at Kirkdene, Pitchcott, Aylesbury, Land Registry title number BM126848. The 14th July was a significant date because it was the date fixed for an auction of the charged property. The bank, National Westminster Bank Plc, is involved with the land and buildings to which I have referred pursuant to two legal charges, one dated 6th July 2006 and the second dated 12th April 2007. The contact provides for a 10 per cent deposit, 150,500. 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: Sir, I'll be taking legal advice, sir. 22. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. For my part I do not see any reason why I should stop you attaching a penal notice, even if I had power to do so, as to which I am far from clear. 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. My improved offer of 1.550 million to be paid in 12 months is clearly above the guide price set by Allsops and well in excess of the 1.375 million valuation by Savills. GBX. That of course does not take from him his equity of redemption. Mr Hunter replied by an e-mail received at 14.07 on that day. 67. It has not been served with notice of this application and has not had an opportunity to put forward its position. MR HUNTER: The section 91 and the second application, sir. PPI complaints represent 59% of the . That was a case, different from the present case, where the mortgagor suffering from severe negative equity wished to see the property sold and bring to an end the ongoing liability to pay interest, but the mortgagee did not intend to exercise its power of sale and did not wish to see the property sold at that point in the market. That would have left a balance of 2.5 million, which I am told in the course of argument has risen further by reason of fees and charges being added to the principal debt. The sale memorandum states that the deposit was paid, though the evidence is that it was paid the next day, 15th July 2011. MR JUSTICE MORGAN: If there is a public footpath and if you come to court asking for this to be varied then that is entirely something you can do and the Court will react to it when it has the evidence on which to act. However, pursuant to the draft order which is before the Court I am invited to order and I will order a number of restrictions of Mr Hunter's future conduct. Whether that deposit was paid or not paid is not in the event material. It is not a case where the contract which is first in time is valid and the contract which is second in time lacks legal effect. It was acquired by the Royal Bank of Scotland in 2000. 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. Regina (Financial Conduct Authority) -v-. 40. 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. There is a second application before the Court----. 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. I will take legal advice on it, sir. I do not know if I have power to stop you attaching a penal notice, but whether I am right or wrong about that, this is an order the Court makes, it is a mandatory order, which is slightly different from a negative order, but penal notices can attach to a mandatory order. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? The Court will simply not tolerate that conduct continuing. 59. If one adds the two figures in the two contracts together one gets the aggregate of 1.55 million. But the land has been sold by contract to Mr Taylor's company. That refers to a contract. Plainly, the bank's primary concern was to realise the value of its security so as to reduce the indebtedness owed to it. Following certain well-publicised allegations, there are 139 personal injury claims against the estate, which may well exhaust all the . I appreciate your difficulty that you are in person, you have to get legal advice. 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. I will consider the effect of these contracts without regard to the impact of section 91(2) and the I will consider the possible impact of the statutory provision. 18. We pride ourselves on our independence, and our human touch. 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. 21. MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. It is pursuant to an application notice of 21st October 2011. 55. 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. Just before we deal with that, I am asked to order costs against you in relation to both applications. 48. But if you cannot come to terms then you will be irrelevant and all these things will be done no matter what you think. I need to deal with those matters, albeit briefly. MR JUSTICE MORGAN: I am not here to answer questions. 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. 45. It identifies various heads of relief based upon difficulties which the bank says it has encountered because Mr Hunter has continued to keep stock upon the land and has failed to cooperate with efforts made by the bank to have the stock removed from the land. 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. 85. National Westminster Bank Football Club is a football club based in Beckenham, England. 25% off till end of Feb! In the course of submissions today I asked Mr Hunter what his practical proposals might be to bring to an end the state of affairs whereby the bank was being prevented from having possession, as the Court has held it is entitled to do, by reason of his conduct. So that is the order. 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. 58. England and Wales. The Receivers submit that they did the right thing by putting the property up for auction and getting the best bid at auction. 142.75. 79. 83. 92. 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." I will refer to the buyer as Mr Taylor's company. MR JUSTICE MORGAN: Do you have it in a form that he could sign straight away? MR JUSTICE MORGAN: The second application is brought by the bank. 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. In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. 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. 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 JUSTICE MORGAN: Well, let me see. 31. 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. He was ordered by the Aylesbury County Court to remove the cattle by a date in the past. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. Having considered the effect of the conflicting contracts which exist and the challenge which Mr Hunter has raised to the conduct of the Receivers, I can now go to the ultimate issue which is whether the Court should exercise the jurisdiction it has which would enable Mr Hunter to sell the land to K Hunter and Sons Limited free from the charge, placing himself in breach of the contract with Mr Taylor's company, or whether the Court should make no such order. Since the making of the order for possession a number of things have happened, not all of which I need recite. They are in force. 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. Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. Sat 11 Feb 23. It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. I assume any potential bidders are aware of the above information as they should be. By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. SE 1422 NE (east side) 6/14 No. 5. MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. 3. The bank has prepared a draft order which has been considered in the course of submissions today. MR JUSTICE MORGAN: You are not being given the opportunity to move the cattle, as I understand it. Then there is the question of funding. 6 bay facade. 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. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. 2 - 0 Beckenham FC. Illingworth v Houldsworth [1904] AC 355, HL; affg sub nom Re Yorkshire Woolcombers Association Ltd, Houldsworth v Yorkshire Woolcombers Association Ltd [1903] 2 Ch 284, CA. That certainly means that Mr Hunter is not able to convey title to the charged property to a third party. MR HUNTER: Do you have the power to ban me from public footpaths? In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38.

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