Their payments fell into arrears and the building society started proceedings for repossession. I will refer to the contract in relation to the bulk of the land. Read the full decision in Ms A Willis v National Westminster Bank plc: 2205821/2020 - Judgment with Reasons. MR HUNTER: Well, I'm not sure, sir, I've got to take legal advice after this hearing. 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. MR JUSTICE MORGAN: Now, Miss Windsor, I have refused permission to appeal, but it remains open to Mr Hunter to serve an appellant's notice. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. Perhaps more relevantly, there was no evidence to support the suggested funding made available in the course of 14th July 2011 even though the bank asked for such evidence in express terms. MR HUNTER: One strikes the mind, sir. Ctrl + Alt + T to open/close . 5. Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? I am not satisfied of either of those. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. 2 pages) Ask a question National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Toggle Table of Contents Table of Contents. 10. It seems to me to be an unnecessary step to require the bank to serve a notice on Mr Hunter requiring him to remove the cattle else they will be sold. 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. That decision of the Court of Appeal was followed at first instance in Polonski v. Lloyds Bank Mortgages Limited (1997) 31 Housing Law Reports, 721. Mr Hunter replied by an e-mail received at 14.07 on that day. 47. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). ", 25. MR JUSTICE MORGAN: I think the position is this, that the bank and the Receivers, for reasons that appear to be good ones, have given up on you, Mr Hunter. The bank has prepared a draft order which has been considered in the course of submissions today. Facts. MR HUNTER: I think both, sir. 16. National Westminster Bank Football Club is a football club based in Beckenham, England. London Stock Exchange uses cookies to improve its website. What matters more are the events of the 14th July of this year. Mr Hunter, I am asked to make an order in detailed terms. If you are to get any modification of these orders you will have to in your own interests act extremely quickly. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). Because he is unable to perform them they will not be performed and title will be available to be transferred to Mr Taylor's company. He has deliberately, in breach of Court orders, refused to do so to gain an advantage by his unlawful conduct. You have done this with full knowledge that I am still in possession of Manor Farm, Pitchcott. 66. 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. 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? For all those reasons I reach the conclusion that this application under section 91(2) must be dismissed. 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. MR HUNTER: Yeah, I'd like to appeal it, please, sir. 84. The leading authority which identified the potential of the sub-section is the decision of the Court of Appeal in Palk v. Mortgage Services Funding Plc [1993] Ch. Regina (Financial Conduct Authority) -v-. MR HUNTER: Do you have the power to ban me from public footpaths? Following Palk v Mortgages Services Funding, the court will not grant an order for possession for PB if Jakob is seeking sale of the property. On the other hand, Mr Hunter, who is a stock farmer, has left upon the land a number of cattle, I think some 90 or so, although as a result of recent developments the number of cattle on the land today I understand is 3 cows. SE 1422 NE (east side) 6/14 No. 1 - 3 National Westminster Bank. 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. 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. So for all those reasons I will abridge time to 14 days. 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. MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. MR JUSTICE MORGAN: And they will take effect whether you issue an appellant's notice or do not issue an appellant's notice. MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. 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. You will also now be aware of the two papers served at Aylesbury County Court on Monday, 11th July 2011 by Mr Oldham and Mr Malt, who intend to establish their proprietal rights over Manor Farm, Pitchcott. This is a very impressive building indeed, the facade is really eye catching as is the dome atop the building, its a great example of Victorian architecture at its best ,The National Westminster Bank Building is . (NWBD) Add to my list. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. 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 23. MR JUSTICE MORGAN: Right. ", 28. The court also allowed the m/gor to handle the sale himself if the m/gor cannot prove any substantial advantage in refusing the m/gor's request. Read the full decision in Mrs L . The bank brought possession proceedings against Mr and Mrs Hunter. The copy of the sale memorandum produced to the Court does not identify the buyer, although one can see that the signature on behalf of the buyer was that of a C Taylor. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. 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. The funds were available for draw down as at 14th July 2011.". I do not accept that submission. National Westminster Home Loans Ltd. Nationwide Building Society. The contracts provided for the buyer to take the land free from the bank's charge. Newbury Building Society. I do not have any evidence to judge what the measure of damages might be, but that would be the legal consequence. 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 Hunter was represented by counsel; Mrs Hunter was not represented by a legal representative. 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. We use necessary cookies to make our site work. I remain open to further negotiations. 33. The meeting was called to de-escalate the sharp increase in violence in the occupied Palestinian territories. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. I note that your letter is silent on these points. He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. First of all, under the auction contract the Receivers were entitled to receive and have received a 10 per cent deposit. MR JUSTICE MORGAN: Some of these orders are going to take effect immediately, some are going to take effect tomorrow. 86. This case concerns agricultural land and buildings at Manor Farm, Pitchcott, Aylesbury and at Kirkdene, Pitchcott, Aylesbury. 57. MR JUSTICE MORGAN: What in practical terms does Mr Hunter have to do? Is there a system to do that, sir? 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. 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 JUSTICE MORGAN: Right. 75. The bank appointed Receivers in relation to all of the charged property on 14th January 2010. 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. 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. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. Miss Windsor, is there a point about public footpaths that needs to be considered? 10 (National Westminster. National Westminster Bank Plc - Ventures. - but doesn't want them to do that. 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. 69. That is in accordance with the normal position in charges of this kind. 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. The plaintiff was the remainder beneficiary under the will trust of her grandfather, who died in 1922. 85. There have been further communications between Mr Hunter and the bank in the period from February 2011 to July 2011. I can now pick up the chronology again by referring to what happened at that auction. ", 26. I have explained why he is not in a position to perform the other contracts in favour of K Hunter and Sons Limited. The wife got the family home as a life interest and a tax free annuity. 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. 6 bay facade. 80. They are in essentially the same terms, save that they relate to different parcels of land. Rights have been acquired by Mr Taylor's company, Mr Taylo's compoany is on the face of it entitled to pursue those rights. 9. MR JUSTICE MORGAN: Well, let me see. Sorry, I don't understand what you're asking for. 13 December 2021. I have not been asked to grant a stay of any of the orders, but if I were asked I would refuse to grant a stay, which means that Mr Hunter would have to go to the Court of Appeal and seek to obtain a stay there. Contains public sector information licensed under the Open Government Licence v3.0. 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. Do you have anything to say about costs? 73. The contracts appear to be in essentially the same terms apart from the identity of the land and the price. There are well known authorities including Property & Bloodstock Limited v Emerton [1968] Ch.94, which say that when a mortgagee contracts to sell the mortgaged property the equity of redemption is suspended between the making of the contract and completion and is finally extinguished upon completion of that contract. Shall we just work out the agenda? The other matter concerns the way in which the payment was to be made. National Westminster Bank. By section 352 of the Act of 1985: " (1) Every company shall keep a register of its members and enter in it the particulars required by this section. v. Arthur Young McClelland Moores & Co. (Practice Note) . His e-mail stated: "I understand that I am not allowed to [refer to it] in open correspondence, however I will say that Manor Farm will not be auctioned before 4.30/5 p.m. today, which means there is plenty of time to withdraw it. The contracts of 23rd February 2011 have not been completed. MR HUNTER: I ask for the right to appeal, sir. MISS WINDSOR: I invite you to make the order as drafted, save at paragraph 3 (ii) be replaced by some machinery for Mr Hunter to sign the draft as handed up to your Lordship instead.