MR JUSTICE MORGAN: There is something before that, is there? MR JUSTICE MORGAN: You do not want an order for costs? So that is the order. 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. 6. MR HUNTER: One strikes the mind, sir. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). 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. Listing NGR: SE2637427830 I shall be asking the Court to make a direction under CPR 52.4 to be the period be seven days in this case. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. change. We confirm that the funds would be available to you pursuant to the loan facility offered to have enabled you to complete an agreement for the purchase of the property upon completion of the necessary conveyancing formalities. MR JUSTICE MORGAN: There is a Court of Appeal. 73. On the other hand, this matter has gone on for a considerable time and you have failed to comply with Court orders in the past. 22. 48. 77. Mr Hunter has himself prepared a chronology which he has placed before me. I can now pick up the chronology again by referring to what happened at that auction. Mr Hunter told me that the amount of money to be borrowed from UK Farm Finance Limited was not less than 1.55 million. Coordinates Latitude: 53.4064 / 5324'23"N Longitude: -2.9913 / 259'28"W OS Eastings: 334197 OS Northings: 390410 OS Grid: SJ341904 Mapcode National: GBR 72N.YW Mapcode Global: WH877.0MVY Plus Code: 9C5VC245+HF Entry Name: National Westminster Bank Listing Date: 28 June 1952 Grade: II* Source: Historic England Source ID: 1205939 This decision, together with an academic article written by Roy Goode, [1] is sometimes looked upon as the turning point in relation to the stricter requirements in relation to . Shall we just work out the agenda? MR JUSTICE MORGAN: But you are in very considerable need of capable legal advice not later than tomorrow morning I would suggest to get on with this. 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. 4. The cattle are chattels personal and are therefore goods and therefore the statutory provisions apply to the cattle. What matters more are the events of the 14th July of this year. 66. 5. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). 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. Get 1 point on providing a valid sentiment to this The contracts appear to be in essentially the same terms apart from the identity of the land and the price. MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. In case of any confusion, feel free to reach out to us.Leave your message here. 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. Mr Hunter was represented by counsel; Mrs Hunter was not represented by a legal representative. Southwark Crown Court. There is an effective contract by Mr Hunter to sell to Mr Taylor's company. Key point The doctrine of inequality of bargaining power was rejected by the House of Lords; the doctrine of undue influence is not subsumed by it Facts Since the possession action began and since the possession order was made t here has rightly been a great deal of communication between the bank and Mr Hunter. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. MR JUSTICE MORGAN: Mr Hunter pays the costs for the two applications on the standard basis to be subject to a detailed assessment? The Claimant claimed damages . 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. Court grants injunction, despite noting that was fairly unreasonable and . The bank has prepared a detailed chronology of those communications for the purposes of this hearing. Has similar elements of design as No 10 Bradford Road, (the National Westminster Bank), Brighouse (q.v.) 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. 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. 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. Morgan J [2011] EWHC 3170 (Ch) Bailii Law of Property Act 1925 91 England and Wales Updated: 28 June 2021; Ref: scu.449869 That of course does not take from him his equity of redemption. Secondly, completion under the auction contract was to be very much earlier than completion in relation to the contracts of 14th July 2011 or pursuant to the suggested position prior to the auction on that day. The Receivers submit that they did the right thing by putting the property up for auction and getting the best bid at auction. PPI complaints represent 59% of the . What is unusual about the present case is that there is no dispute but that this property must be sold. 74. As a matter of simple mathematics that is a higher figure than the price to be paid under the auction contract of 1.505 million. 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. I have been shown a number of authorities on the operation of section 91(2). 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 is not said that any evidence as to the availability of funding beyond what was stated in the letters was provided to the bank before or on 14th July 2011. He will have to get an appellant's notice drafted---. MR JUSTICE MORGAN: As to the appeal, which bits do you want to appeal? Delayed London Stock Exchange - 11:35:00 2023-02-27 am EST. National Westminster Bank v Daniel: CA 1993 - swarb.co.uk National Westminster Bank v Daniel: CA 1993 The defence contained two contradictory grounds, and the defendant's evidence again contradicted the defences. No such deposit was on offer from K Hunter and Sons Limited. The letter does refer to "a formal offer of finance" which suggests that something in written form and in more detail did exist by 29th July 2011. 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. Clause 3 of the charge is headed "Restrictions on charging, leasing, disposing and parting with possession". 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 . 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. Sat 11 Feb 23. Those proceedings were started in the Aylesbury County Court by a claim form dated 29th June 2010. In the suit brought by the beneficiaries it was held by the chancery division that once the trust account was opened, the . Mr Hunter conversely contends that the Receivers did the wrong thing by putting the property up for auction when he had made offers of the kind I have described to buy the property. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. Jurisdiction code: Breach of Contract, Disability Discrimination, Maternity and Pregnancy Rights, Sex Discrimination. 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 . MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. 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. 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. I can see in detail what the parties said to each other because they said it in writing in documents sent by e-mail which have been produced in evidence. 83. Mr Hunter's second point is that section 12 of the 1977 Act in terms applies to goods "in the possession or under the control of a bailee". My offer will remain open up to 5.30 p.m. today on a refinancing of the deal by yourselves for 12 months. It seems to have been intended that the reference should be to the two contracts originally entered into in February and varied on 14th July 2011. 52. In H2 2021, complaints made to the Bank were down ~22% compared to H1 2021. Section 91(2) is in these terms: "In any action, whether for foreclosure or for redemption or for sale or for the raising and payment in any manner of mortgage money, the Court on the request of the mortgagee or of any person interested either in the mortgage money or in the right of redemption and notwithstanding that (a) any other person dissents or (b) the mortgagee or any person so interested does not appear in the action and without allowing any time for redemption or for payment of any mortgage money, may direct a sale of a mortgaged property on such terms as it thinks fit, including the deposit in court of a reasonable sum fixed by the Court to meet the expenses of sale and to secure performance of the terms.". 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.". National Westminster Bank v Somer [2002] QB 1286 5. 24. 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. It is not necessary I think to go to every difference and attempt to resolve it. 50. Dealing with the question of the Court's jurisdiction, Miss Windsor of counsel, who appears on behalf of the bank, initially took the point that the court did not have jurisdiction under this sub-section because by reason of the auction contract or by reason of that and other matters Mr Hunter could not satisfy the Court that he was a person interested in the right of redemption. Is there a public footpath across the land? National Westminster Bank PLC. 61. It is fair to say that the impression given by the two chronologies is somewhat different. 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. SE 1422 NE (east side) 6/14 No. Since the making of the order for possession a number of things have happened, not all of which I need recite.