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. The difficulties of a practical kind which are being encountered are described in detail in the evidence which has been put in on behalf of the 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. National Crime Agency v Dong; National Westminster Bank v Jones; National Westminster Bank Plc v Morgan; National Provincial Bank v Ainsworth; Neale v Willis; Bays 2, 3 and 4. are set within octagonal colonnettes surmounted by lantern domed finials, fixed) charge and required the company to pay the proceeds of the debts when received into the company's account with the bank and not otherwise to deal with the debts created a fixed charge over the book debts in accordance with the decision in Siebe . Published 2 March 2022 Explore the topic. Since the making of the order for possession a number of things have happened, not all of which I need recite. There is a second application before the Court----. Enhance your digital presence and reach by creating a Casemine profile. MR JUSTICE MORGAN: Right. 42. So if the amount which remains charged on the property is between 2.5 million and 3 million it is clear that Mr Hunter would not be able to take advantage of a contract to sell for 930,000 without the intervention of the Court. 8. Clause 8 of the contract is headed "Matters affecting the property". At any rate, I proceed on that basis for today's purposes. 02/23. The appeal considered the application of sections 56, 75 and 140A of the Consumer Credit Act 1974 (the " 1974 Act "). Decision date: 6 May 2021. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. National Westminster Bank PLC v Spectrum Plus Ltd (2004) Summary. We would also like to set optional cookies to improve our site and bring you more . 32. So shall we talk about the first and start with you, Miss Windsor? Paragraphs 4 and 5 they are to sell the stock. 22. Is there a public footpath across the land? 60. Court grants injunction, despite noting that was fairly unreasonable and . 4. Orr. Whether that deposit was paid or not paid is not in the event material. 89. ", 26. 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. 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 . 30. MR JUSTICE MORGAN: Some of these orders are going to take effect immediately, some are going to take effect tomorrow. 91. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. Raheem Bucknor. 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 That company was acquired off-the-shelf in around February 2007. The bank replied in these terms: "Given the proximity of the property being offered for sale at auction, I do not propose to consider your proposal today. 9. On 26 February Jordan hosted a meeting at Aqaba between Israel and the Palestinian National Authority (PNA). MR JUSTICE MORGAN: Do you want to have access to move them on a particular time? Our 67,404 banking and credit card complaints stem from our 26 million accounts. 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. 43. 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. In that sense it was to be a 100 per cent mortgage. 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 . In that correspondence it seemed to be common ground that K Hunter and Sons Limited or Mr Hunter were not in a position to pay the full amount of the purchase price at or around that time, indeed it would be necessary for an unspecified part of the purchase price to remain outstanding on mortgage for 12 months. - but doesn't want them to do that. It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. Making that contract, as I say, does not take from him his equity of redemption. Click here to remove this judgment from your profile. 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. 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. 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: In practical terms one of the real, real problems about appeals is the transcript of the judgment. 14. Nor can I change the position in Mr Hunter's favour by granting some relief by way of injunction or otherwise against the Receivers. However, at the hearing Mr Hunter has referred to a subsequent letter dated 29th July 2011 from UK Farm Finance Limited to K Hunter and Sons Limited. 70. MISS WINDSOR: I am instructed to ask for the standard order for costs to be assessed if not agreed. 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. 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. The bank has prepared a detailed chronology of those communications for the purposes of this hearing. 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. change. The Receivers submit that they did the right thing by putting the property up for auction and getting the best bid at auction. MR HUNTER: Sir, I'll be taking legal advice, sir. 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. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. 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. 13. 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. 90. 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. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. It is fair to say that the impression given by the two chronologies is somewhat different. 11. He says the company is controlled by his wife and he has no shareholding or other formal position in relation to it. Until the Court of Appeal grapple with your case these orders will bind you. 39. Newcote Services Limited. Newbury Building Society. 0.00%. Quite apart from that being the position between the seller and the buyer, Mr Hunter by entering into that contract would appear to have been in breach of the condition in the charge that he should not dispose of the property without the consent of the bank. I will take legal advice on it, sir. contains alphabet). 2 - 0 Beckenham FC. today. Using IBAN since United Kingdom has officially introduced the IBAN system in April 2001. Ordinarily the time limit for lodging appellant's notice is 21 days. Mr Hunter has put before me a written argument prepared for him by solicitors whom he has consulted which puts forward the rival point of view. 2 storeys and attic. National Westminster Bank Plc - Ventures. 68. Sat 18 Feb 23. It would necessarily follow that if that order were to be made that Mr Hunter would be able to make title free from the charge to K Hunter and Sons Limited, so the intervention of the Court would free Mr Hunter from the legal difficulty he is otherwise under. The bank replied in these terms: "In my letters to you earlier this week I made it clear to you that as a condition of any proposals being accepted and for me to be able to ask the Receivers to withdraw the property from the auction the bank would require your solicitor (1) to pay a non-refundable deposit of 10 per cent of any agreed settlement figure prior to auction and (2) to provide proof of funding. The contact provides for a 10 per cent deposit, 150,500. It is also the case that there have been further applications to the Court and eventually Mr and Mrs Hunter did leave the land, that is they ceased to reside on any part of the land or buildings. MR JUSTICE MORGAN: I am not here to answer questions. Completion will take place following confirmation from the seller that the cattle have been removed. 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 is unusual about the present case is that there is no dispute but that this property must be sold.