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. In that case both the mortgagor and the mortgagee wished to see the property sold. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 75. A hearing took place on 13th July 2011 at Aylesbury County Court to require the cattle to be removed. Contains public sector information licensed under the Open Government Licence v3.0. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. But if you cannot come to terms then you will be irrelevant and all these things will be done no matter what you think. Until the Court of Appeal grapple with your case these orders will bind you. Making that contract, as I say, does not take from him his equity of redemption. The clause provides that the Receiver shall be deemed to be the agent of the mortgagor. The contracts provided for the buyer to take the land free from the bank's charge. MR JUSTICE MORGAN: You do not want an order for costs? If the buyer sought specific performance the buyer would be entitled to take title to the property, but because the property is charged with a debt of 2.5 million or more the buyer would not pay the purchase price to Mr Hunter but would instead have a substantial claim for damages in addition to the remedy of specific performance. floating charge. 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. Taxpayer stake in Natwest reduced again as government sells shares. Is that a point to ask? The mortgagor's obligations were defined earlier in the document as all of the mortgagor's liability to the bank of any kind. 13. Nestle v National Westminster Bank plc [1992] EWCA Civ 12 is an English trusts law case concerning the duty of care when a trustee is making an investment. The plaintiff sought summary judgment. The funds were available for draw down as at 14th July 2011.". It is agreed that all of the land with which this case is concerned is subject to one or other of those two charges. No, sir, I think the Court's been unfair and unjust, sir, and I think there are factual statements that I've made, sir, today that have been misinterpreted and also the second application is whether you've given the power to stop me seeing my cattle that the bank has no charge, I don't believe this Court has that power, sir. Under section 12(3) it is open to the bank to serve a particular notice which if it is not complied with will entitle them to sell the goods, namely the cattle. Found National Westminster Bank Plc v Hunter & Anor useful? MISS WINDSOR: Although that does not have to be included in the bundle. I was referred to a further authority on the operation of the sub-section, namely Cheltenham and Gloucester Plc v. Krausz [1997] 1 WLR 1558. 1. The bank brought possession proceedings against Mr and Mrs Hunter. 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. Can I appeal that you're only giving me two weeks as a litigant in person to appeal, sir? The beneficiaries named were the widow, children and remoter issue of the settlor. If one combines the two phrases "other than any matters other than the charge" what that is saying is that the sale will not be subject to the charge; the buyer under this contract is to take the property free from the charge. As I have indicated the contracts of February 2011 were not completed. MR JUSTICE MORGAN: Do you have it in a form that he could sign straight away? 7. The tribunal held that the House of Lords decision in Westminster Bank Executor and Trustee Co (Channel Islands) Ltd v National Bank of Greece SA [1971] AC 945 remains the only decision that binds the lower courts on this point. As the charges are in the same terms it will suffice if I refer to one of them and I will refer to the charge of 6th July 2006. 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. National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. 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. In those circumstances, the cattle being on the land in the possession of the bank under the control of the Receivers it seems to me that at that point in time, if not earlier -- and I decide nothing about the earlier period -- that the cattle will be under the control of the bank which seeks this order. Clause 3 of the charge is headed "Restrictions on charging, leasing, disposing and parting with possession". 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. That means section 12 applies. 47. Public Company Incorporated: 1968 Employees: 110,000 Assets: 98.64 billion (US$178.4 billion) Stock Index: London New York Tokyo National Westminster Bank (NatWest) was created in 1968 by the merger of three major banks all established in the early 19th century: the District Bank, the National . The battle was between which of the two of them should have conduct of the sale. 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 . today. P 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. Under these contracts Mr Hunter is the seller and K Hunter and Sons Limited, the company controlled by Mrs Hunter, is the buyer. On 26th August 2011 Mr Hunter applied in the Aylesbury Count Court for the following order -- I read from the application notice: "Application to permit me to complete a contract entered into in February 2011, varied on 14th July 2011, to sell Maple Barn, two barn conversions, farm buildings and 104 acres of farmland to K Hunter and Sons Limited for 1.55 million." 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." Rights have been acquired by Mr Taylor's company, Mr Taylo's compoany is on the face of it entitled to pursue those rights. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. 80. - but doesn't want them to do that. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. The land which is the subject of the sale contract entered into at the auction is the land the subject of the charges. 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. The argument is not about what the Receivers can do today but is instead what they should have done prior to the holding of the auction on 14th July 2011. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. Enhance your digital presence and reach by creating a Casemine profile. He is not in practical terms able to redeem the charges so he is not able to convey free from the charges. 10. ( a) the names and addresses of the members; ( b) the date on which each person was registered as a member; and. Mr Hunter, of course, will not be released from his covenant to pay the remainder of the debt. This time the contracts provide for the property to be sold for 1.55 million, but the debt secured by the charge over the properties is again, roughly speaking, 2.5 million to 3 million. In particular, part of Kirkdene has been sold. Lord Keith of Kinkel, Lord Griffiths, Lord Oliver of Aylemton, Lord Jauncey of Tullichettle. Shares were issued on the sending of the allotment letter, not when the shares came to be registered in the company's books. That refers to a contract. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. 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. National Westminster Bank plc - Branch Network. 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 Second Defendant is his wife, Mrs Karen Hunter. Jurisdiction code: Breach of Contract, Disability Discrimination, Maternity and Pregnancy Rights, Sex Discrimination. MR JUSTICE MORGAN: Right. 142.75. 91. 38. It is not necessary I think to go to every difference and attempt to resolve it. Under the auction contract the full balance of the purchase price is payable on completion. 48. 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. Lekan Akanni. This works out as three complaints per 1,000 relevant accounts. Miss Windsor, is there a point about public footpaths that needs to be considered? Ch., Walton J. MR JUSTICE MORGAN: No, but the Court of Appeal is not going to really know what this case is about, particularly with Mr Hunter acting without legal assistance, unless it sees what was put forward as the reasons for the decision. By Clause 5.1.4 in particular a Receiver appointed by the bank under the charge has the power to sell the charged property. The defendant bought a house on mortgage with her husband. Confirmation statement filters Accounts Capital Charges Confirmation statements . Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. It does not seem to me to be necessary to adjourn this hearing to hear from Mr Taylor's company. Shall we just work out the agenda? The Court of Appeal considered that it had jurisdiction to make an order in those circumstances.