89. I sincerely hope that Mr Hunter will see just how foolish he has been in the conduct on which he has embarked. 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". In case of any confusion, feel free to reach out to us.Leave your message here. 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.". 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. It is fair to say that the impression given by the two chronologies is somewhat different. MR HUNTER: But can I? 4. MR HUNTER: I think both, sir. If I'm going to be banned from my property how do I move the cattle? It is some considerable time since the Receivers have been appointed and they have acted as such during that period of time. 60. Dressed stone, slate roof. I have been shown a number of authorities on the operation of section 91(2). It is not necessary to examine further the reason for that, that principle does not apply where the contract is made by the mortgagor as the auction contract in this case was made. When part of Kirkdene was sold, I understand that something of the order of 900,000 was realised. MR JUSTICE MORGAN: Well, I am giving you an opportunity, which you do not have to take, of raising any point of detail on the drafting of the order. I note that your letter is silent on these points. What matters more are the events of the 14th July of this year. On 26 February Jordan hosted a meeting at Aqaba between Israel and the Palestinian National Authority (PNA). 41. 82. MR HUNTER: And again factual information in my witness statements haven't been taken account of, sir. 1895 for the London and Yorkshire Bank Ltd. by C. S. Nelson (Leeds). At any rate, I proceed on that basis for today's purposes. However, the comparison ceases to be favourable to Mr Hunter from that point. 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. Nothing of that kind was put before the bank prior to the auction taking place and nothing of that kind has been put before the Court today. The beneficiaries named were the widow, children and remoter issue of the settlor. You have done this with full knowledge that I am still in possession of Manor Farm, Pitchcott. The Court of Appeal considered that it had jurisdiction to make an order in those circumstances. 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. They agreed, subject to a legal charge on . By Clause 4.3 the bank is given the power to appoint a Receiver. By Clause 1.1 of the charge Mr Hunter charged by way of legal mortgage the property which I have described as the subject of the charge. 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. In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. Taxpayer stake in Natwest reduced again as government sells shares. MR JUSTICE MORGAN: And even if I do not give you permission to go to them you are free to go to them and tell them all about it and they will do what is appropriate. 90. Mr Hunter has himself prepared a chronology which he has placed before me. MR JUSTICE MORGAN: Paragraph 3 is you are to deliver everything up. So I do not think there is any inconsistency in the order. This involves a comparison of what the Receivers achieved by auctioning the property and the alternative of negotiating and perhaps concluding a contract with Mr Hunter or K Hunter and Sons Limited. 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. 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. MR JUSTICE MORGAN: Shall I hear what he says about that first? NATIONAL WESTMINSTER BANK PLC. It is not clear from what I was told in the course of his submissions by Mr Hunter whether other formal documents exist. The Receivers have actually got the maps, sir. I am not asking you to move them, that is going to be done despite what you do rather than relying upon you. The other differences between the two contracts favour the auction contract over the suggested position with K Hunter and Sons Limited. 24. Lord Keith of Kinkel, Lord Griffiths, Lord Oliver of Aylemton, Lord Jauncey of Tullichettle. 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. 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. The e-mail was in these terms: "Further to our recent correspondence, I am writing to you again to make an increased offer of 1.550 million to be paid in 12 months' time. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. The agreed price is 1.505 million. 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. That was made on 23rd February 2011. You will also now be aware of the two papers served at Aylesbury County Court on Monday, 11th July 2011 by Mr Oldham and Mr Malt, who intend to establish their proprietal rights over Manor Farm, Pitchcott. 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. MISS WINDSOR: [inaudible] the first sentence application for permission to appeal----. For every 1,000 home finance loans that we had outstanding, we received five complaints. 61. During the afternoon of 14th July 2011 the firm of Allsops, well-known surveyors and auctioneers, auctioned the land at The Park Lane Hotel, Piccadilly, London, W1. 70. At all material times the First Defendant, Mr Robert Hunter, has been the freehold owner of that land. England and Wales. Right, any other point on the draft order? That state of affairs has come about because Mr Hunter has continued to act unlawfully by having his cattle on the land, no doubt seeking to make a nuisance of himself and no doubt hoping that he will interfere with the contract for sale in favour of Mr Taylor's company. 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. 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. Paragraphs 4 and 5 they are to sell the stock. 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. [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 . But the land has been sold by contract to Mr Taylor's company. Hunter Menton Senior VP, Sales, Corporate Business Unit at National Westminster Bank Hunter Menton is a Senior VP, Sales, Corporate Business Unit at National Westminster Bank based in London, Greater London. Here's a classic example of the false and self-deluding nonsense that passes for peace efforts in the Holy Land. It was acquired by the Royal Bank of Scotland in 2000. At the date of the order for possession in August 2010 the debt was approaching 3.5 million. The contact provides for a 10 per cent deposit, 150,500. 93. The plaintiff was the remainder beneficiary under the will trust of her grandfather, who died in 1922. I will take legal advice on it, sir. MR JUSTICE MORGAN: All right. That statement fits very badly with the correspondence on 14th July 2011. So that is the order. 3. So that is as much as I think I can indicate on that. No such deposit was on offer from K Hunter and Sons Limited. 35. 69. 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. 41 Lothbury London EC2P 2BP United Kingdom (071) 726-1000. MISS WINDSOR: If Mr Hunter would like the three cattle herded through the gate, as he herded the other 87 through, onto his brother's land the Receivers will arrange for the three cattle to be handed over at the gate at that point. 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. NatWest Group HR. But for today's purposes all I need to record is that it is not necessary for me to form a view whether the contracts with K Hunter and Sons Limited of 14th July 2011 came into existence before the land was knocked down at auction or after that date. 38. MR HUNTER: I ask for the right to appeal, sir. On the other hand, Mr Hunter, who is a stock farmer, has left upon the land a number of cattle, I think some 90 or so, although as a result of recent developments the number of cattle on the land today I understand is 3 cows. Sat 11 Feb 23. Mr Hunter was represented by counsel; Mrs Hunter was not represented by a legal representative. Title will be transferred by the mortgagee pursuant to the draft TR2 referred to in the contract. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. It may be that by reason of what is happening on the land, completion with Mr Taylor's company will not be in five days' time, it may be it will happen in late December or January, but that has come about not because Mr Taylor's company has required that and has only been prepared to bargain on that basis, but because Mr Hunter -- in breach I have to say of an order of the Court -- has manoeuvred himself to produce that adverse consequence. Brief history This joint stock bank was established in Southwark in 1836 as Surrey, Kent & Sussex Banking Co. They are in force. 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 14th July was a significant date because it was the date fixed for an auction of the charged property. It has not been served with notice of this application and has not had an opportunity to put forward its position. (2) There shall be entered in the register. It seemed to emerge in the course of argument that Mr Taylor is known to Mr Hunter and it also seemed to emerge that the buyer is not Mr Taylor personally but is a company controlled by Mr Taylor. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. V - V National Westminster Bank Void 2STH 18/04/20 14:00: Economicals III V - V Fulham Compton Old Boys II Void . Mr Hunter told me that the amount of money to be borrowed from UK Farm Finance Limited was not less than 1.55 million. 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. 2 - 0 Beckenham FC. There is now insufficient time for the bank to be comfortable as to the terms of your proposals prior to the auction later this afternoon. There are one or two matters of suggested legal principle which are identified in a skeleton argument which has been prepared by or on behalf of Mr Hunter. MR JUSTICE MORGAN: He is a member of the public and the public has the right. 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. It may also mean -- I need not decide this -- that he is not able to contract to make such a disposal. Miss Windsor in the course of her submissions said that the debt and charges etcetera amounted to some 3 million. Under the auction contract the full balance of the purchase price is payable on completion. You are not free to disregard them just because you want to tell the Court of Appeal that they were wrong. That means section 12 applies. GRAHAM STAPLES, secretary, 10 May 1994 - 1 May 1994. Here the entire amount from the 'trust account' was transferred into the personal account in the same bank. It is not said that those sums were available to K Hunter and Sons Limited, I was told K Hunter and Sons Limited had no assets apart possibly from the benefit of the contract to which I have referred. Walking down Lord Street and turning onto Church Street in Fleetwood is the wonderful National Westminster Bank Building. You are asking him to deliver up the passports etcetera by 4 p.m. tomorrow. National Westminster Bank. It seems to me to be an unnecessary step to require the bank to serve a notice on Mr Hunter requiring him to remove the cattle else they will be sold. 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. 142.75. I shall be asking the Court to make a direction under CPR 52.4 to be the period be seven days in this case. 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. 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. 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. I assume any potential bidders are aware of the above information as they should be. So for all those reasons I will abridge time to 14 days. 75. GORDON FRANCIS PELL, director, 1 Feb 2000 - 31 Mar 2010. 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.