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. Swift codes for NATIONAL WESTMINSTER BANK PLC (BIC codes) 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. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). I have used the phrase not less than because Mr Hunter did not seem to quarrel with the suggestion I put to him that UK Farm Finance Limited would make various charges for fees and other matters in connection with the provision of finance. By Clause 3.1.3 in particular Mr Hunter agreed that he would not without the bank's prior written consent dispose of the charged property. Against that background, Mr Hunter asks the Court to order a sale of the property and in particular a sale which will be a sale by Mr Hunter to K Hunter and Sons Limited pursuant to the pair of contracts of 14th July 2011. Jul 2021. 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. Sat 11 Feb 23. Ethan Crane . 39. 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. 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 today. That means section 12 applies. I will take legal advice on it, sir. Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc. PDF National Westminster Bank Plc 2021 Annual Results [1977] A.C. 1, and Hunter v. Chief Constable of the West Midlands Police [1982] A.C. 529 are obiter indorsements of obiter dicta, so far as the vital words are concerned, and only Lord Hailsham of St. Marylebone . So under these contracts Mr Hunter on the face of it was contracting to sell land which was subject to a charge charging a liability to pay a sum of money well in excess of 2.5 million for a purchase price of 930,000. MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. MR HUNTER: But can I? Joe Bumpus. 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. So I do not think there is any inconsistency in the order. It seems to me inevitable that I must proceed today on the basis that the Receivers have been validly appointed and have the powers vested in them by the legal charges. Newcote Services Limited. In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. Those changes are initialled; the initials appears to be those of Mr Hunter and his wife, the latter acting on behalf of K Hunter and Sons Limited. There have been further communications between Mr Hunter and the bank in the period from February 2011 to July 2011. In that case both the mortgagor and the mortgagee wished to see the property sold. 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. MR JUSTICE MORGAN: Yes. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. Thereafter she was absolutely entitled to the . 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. 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. 85. 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. 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 . Mr Hunter, I am asked to make an order in detailed terms. National Westminster Bank. National Westminster Bank Plc (1968-date), established in London, is part of NatWest Group. I don't know, sir, but you tell me. FREDERICK INGLIS WATT, director, 4 Sep 2000 - 31 Jan 2006. It is clear that it is in Mr Hunter's interest to decline to cooperate and to make life difficult to the bank, although it is not in Mr Hunter's interest for him to break Court orders as he, on the face of it, has done, the Court orders to which I refer including an order made by the District Judge in the County Court on 31st August 2011, which required Mr Hunter to remove his stock from the land. 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. 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. I do not have very much detail about the state of affairs in relation to the company, but Mr Hunter has told me at the hearing today that all of the shares are owned by Mrs Karen Hunter and that he believes that she is a director of that company. Bank) G. V. II. Courts, sentencing and tribunals; MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. 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 case of Rowlandson and others v. National Westminster Bank Limited, provides an example of such situation. The particulars of sale referred to the land. 52. 75. 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. 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 . Orr. 87. Ms A Willis v National Westminster Bank plc: 2205821/2020 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.". The last thing he wanted to do was to contract at an auction to sell the property, but in law that is precisely what he has done. Because, of course, first of all the application would be considered on paper and then Mr Hunter would have a possible right to renew his application orally. In other words, you have to do this very rapidly indeed if you are to do anything at all. I shall be asking the Court to make a direction under CPR 52.4 to be the period be seven days in this case. England and Wales. 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. Accordingly, the question of selling the land has been one of the matters at the front of anyone's consideration. 41. National Westminster Bank. 3. National Westminster Bank Public Limited Company 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.". GRAHAM STAPLES, secretary, 10 May 1994 - 1 May 1994. I note that in earlier correspondence you stated quite categorically that you were unable to raise more than 1.31 million 'now'. Bank. Well, I will deal with that in a moment. MR JUSTICE MORGAN: Right. 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. MR JUSTICE MORGAN: I am not here to answer questions. NATIONAL WESTMINSTER BANK PLC NWBD Company page - Search stock, chart, recent trades, company information, trading information, company news, fundamentals. Swift codes also known as BIC Codes is a unique bank identifier used to verify financial transactions such as a Bank Wire Transfer. Nestle v National Westminster Bank plc - Wikipedia But the land has been sold by contract to Mr Taylor's company. 35. Venue: HALL PLACE #4. Enhance your digital presence and reach by creating a Casemine profile. 40. I have referred to the land which is the subject matter of the charge. Published 2 March 2022 Explore the topic. Those are the principal matters of fact which are material to the application to which I next refer. MISS WINDSOR: Although that does not have to be included in the bundle. The definition continues but it is not necessary for me to read it out. FCA-v-Natwest-Sentencing-remarks-131221.pdf 405.95 kb. Nestl v National Westminster Bank Plc [1993] 1 WLR - ResearchGate 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." v. Arthur Young McClelland Moores & Co. (Practice Note) . Under the auction contract the full balance of the purchase price is payable on completion. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. 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. That causes me to be a little circumspect about the reliability of the general statements made, not supported by documents which really ought to exist, in the letter of 29th July 2011.
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