national westminster bank v huntereast hampton press classifieds

43. I would be minded to make an order that he do it straight away while he is here, otherwise he will seek to take advantage of the difficulty in tracking him down, which may take a few days. I have referred to that letter on the question of funding because the question of funding was raised in the communications between the parties prior to the auction in this case. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. 48. In other words, you have to do this very rapidly indeed if you are to do anything at all. Further, under section 12(1)(a) Mr Hunter is already in breach of an obligation to take delivery of the cattle. Do you have anything to say about costs? Southwark Crown Court. MR JUSTICE MORGAN: I am making an order that you do not go on that land. 79. 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. 2 storeys and attic. Miss Windsor, is there a point about public footpaths that needs to be considered? Citations: [1985] 2 WLR 588; [1985] AC 686. In that case both the mortgagor and the mortgagee wished to see the property sold. MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. 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. You are also aware that there is waste contaminated by asbestos that has to be removed by 2nd August 2011, which is a condition set by the enforcement notice served by Aylesbury Vale District Council. 3. 80. I don't know if you do, but I'm just asking that question, sir. I have been told you have gone to a solicitor in the past----, MR JUSTICE MORGAN: ----you do not have to tell me, but are you intending to go back to the same person----. 87. Morgan J [2011] EWHC 3170 (Ch) Bailii Law of Property Act 1925 91 England and Wales Updated: 28 June 2021; Ref: scu.449869 v. Arthur Young McClelland Moores & Co. (Practice Note) . For the sake of completeness I will start with the contracts of February 2011, although the position there is essentially the same as with the contracts of 14th July 2011 in favour of K Hunter and Sons Limited. Mr Hunter cannot apply to set aside the contract in favour of Mr Taylor's company; there is no basis on which he is able to do so. MR JUSTICE MORGAN: There is something before that, is there? I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. Using IBAN since United Kingdom has officially introduced the IBAN system in April 2001. 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. Should they be successful in Court, which is likely to take six months or more, their tenancies on Manor Farm, Pitchcott will inevitably devalue the properties by up to 50 per cent. MR JUSTICE MORGAN: Some of these orders are going to take effect immediately, some are going to take effect tomorrow. In other words, UK Farm Finance Limited were at least advancing the full amount of the intended purchase price of the land. 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. It is plain to me that he will continue to be uncooperative and difficult in similar ways to those which he has manifested in recent times. I will start the comparison by looking at the position of K Hunter and Sons Limited. MR JUSTICE MORGAN: So you want an order for today? 65. 2. There is an effective contract by Mr Hunter to sell to Mr Taylor's company. MR JUSTICE MORGAN: They will not hear the substance of your complaint unless they give you permission to make the complaint. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. Not only do we facilitate the sharing of data but we also utilise our investigative . 36. 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. If the buyer had sought specific performance the buyer would be entitled to take title subject to the charges, but would have a claim in damages against Mr Hunter. 89. 60. MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. I do not accept that submission. They agreed, subject to a legal charge on . 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 charge is a defined phrase which enables one to see it is a reference to the charges in favour of National Westminster Bank, to which I have referred. The contracts appear to be in essentially the same terms apart from the identity of the land and the price. In particular, part of Kirkdene has been sold. The battle was between which of the two of them should have conduct of the sale. 24. I am not going to start going into a point of that kind at this stage when you have not mentioned it before. 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. The Receivers submit that they did the right thing by putting the property up for auction and getting the best bid at auction. Citing: Applied - Henderson v Henderson 20-Jul-1843. So just reading the section alone one questions what it is the Court would be doing if it was to interfere with the state of affairs that has come about out of court. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. In this context Miss Windsor cited a passage from Fisher and Lightwood's Law of Mortgage, 13th edition, paragraph 30.38. It was paid by cheque and the cheque has cleared. Venue: HALL PLACE #4. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. NB v. London Borough of Haringey, [2011] EWHC 3544 (Fam); [2012] 2 FLR 125; [2012] Fam. FREDERICK ANDERSON GOODWIN, director, 6 Mar 2000 - 21 Nov 2008. Enhance your digital presence and reach by creating a Casemine profile. Under these contracts Mr Hunter is the seller and K Hunter and Sons Limited, the company controlled by Mrs Hunter, is the buyer. 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. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. Lumley v Wagner (1852) 42 ER 687, Court of Chancery September 2020 Derek Whayman Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Practical Law Case Page D-000-1223 (Approx. 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. Our 67,404 banking and credit card complaints stem from our 26 million accounts. [4] 68. 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 . 62. The bank brought possession proceedings against Mr and Mrs Hunter. 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? 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. Unfortunately, based on what I have seen, the possibility of contempt of Court and committal proceedings does appear to be a real one and in the circumstances I am persuaded that I should make the order making committal proceedings operate more smoothly than might otherwise be the case. You are able to go to a Lord Justice and say to the Lord Justice what you want to say, but I do not give you permission to appeal. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. True it is that the auction is not something Mr Hunter took part in or has come about in accordance with his wishes, but when he signed the charge, when he permitted the bank to appoint Receivers, when he gave the Receivers the power to sell as agents for the mortgagor, Mr Hunter put in train a series of events which has led in law to the situation that Mr Hunter has contracted to sell to Mr Taylor's company. 11. Mr Hunter may be right that in the past and up to today he has been in control of the cattle because he has continued in breach of the Court orders to trespass on the relevant land and tend to the cattle. That is what he has to do to get the appeal up and running, is it? The mortgagor does not need an order of the Court to force the mortgagee to sell the property, the mortgagee has been taking active steps to sell the property and has got the benefit of a contract under which it will sell the property. The bank wishes to sell, the bank has taken steps to sell, the bank has gone about the matter in a way which cannot be undone, certainly not on the application of Mr Hunter as mortgagor. Sat 18 Feb 23. 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. If I'm going to be banned from my property how do I move the cattle?

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