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 Hunter has himself prepared a chronology which he has placed before me. MISS WINDSOR: In which case it [inaudible] the penal notice will attach to that too. 86. 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". 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." Citation. I don't understand the system, sir. 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. So for all those reasons I will abridge time to 14 days. Taxpayer stake in Natwest reduced again as government sells shares. 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. Having set out the relevant facts, having identified the legal position under the various contracts which have come into existence, having informed myself of the way in which the jurisdiction under section 91(2) has been and should be exercised, in my judgment this does not begin to be a case in which the Court should intervene and upset the arrangements which have been brought into existence. For all those reasons I reach the conclusion that this application under section 91(2) must be dismissed. 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. MR JUSTICE MORGAN: All right. 56. National Westminster Bank Ltd v Barclays Bank International Ltd [1975] 1 QB 654 (17 June 1974) is a decision of the High Court relating to the duty of care of a bank in relation to forged cheques with respect to persons other than their customer. There is no application before me today for any relief in relation to what happened in relation to Kirkdene and it is not necessary for me to go into that matter any further or say anything about it. Mr Hunter, of course, will not be released from his covenant to pay the remainder of the debt. Westminster Bank Ltd (1836-1969), established in London, was a past constituent of NatWest. FREDERICK INGLIS WATT, director, 4 Sep 2000 - 31 Jan 2006. 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. This case. NatWest Group HR. Law 512, National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd [1972] AC 785 is a decision of the House of Lords in relation to a banker's right to combine accounts under English law. 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. The lot would obviously need to be withdrawn from the auction now if this offer is acceptable to you. In case of any confusion, feel free to reach out to us.Leave your message here. 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. MR JUSTICE MORGAN: I am making an order that you do not go on that land. Shall we just work out the agenda? 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. There is one other matter relating to the contract to which I ought to refer. National Westminster Bank Plc - Ventures. The 14th July was a significant date because it was the date fixed for an auction of the charged property. By Clause 4.3 the bank is given the power to appoint a Receiver. MR JUSTICE MORGAN: You cannot fail to understand that. Should the property remain unsold following the auction and you can provide proof of funding from your new lender I shall be happy to give further consideration to your refinancing proposals. You are not to go there, you are not to interfere. Confirmation statement filters Accounts Capital Charges Confirmation statements . 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. Under these contracts Mr Hunter is the seller and K Hunter and Sons Limited, the company controlled by Mrs Hunter, is the buyer. 54. . Hunter, Dan 13 13 1 13 Key, Jono 1 1 14 Macdougal, Ewan 12 . In my judgment it is clear that Mr Hunter has been and remains a person interested in the right of redemption. MR JUSTICE MORGAN: Right. 76. 25% off till end of Feb! 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.". There is a second application before the Court----. Get 1 point on adding a valid citation to this judgment. If it sued Mr Hunter for specific performance of that contract it would prima facie be entitled to it certainly so long as Mr Hunter remains the owner of the land. In 1989 they granted a charge by way of legal mortgage over the property in favour of the appellant bank (N). The tribunal held that the House of Lords decision in Westminster Bank Executor and Trustee Co (Channel Islands) Ltd v National Bank of Greece SA [1971] AC 945 remains the only decision that binds the lower courts on this point. Just before we deal with that, I am asked to order costs against you in relation to both applications. 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? By Stuart Littlewood. By clause 1 of the charge Mr Hunter covenanted to discharge on demand the mortgagor's obligations. 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. Formal demands by the bank for payment were made in 1992 and there were intermittent payments by the husband until January 1993, after which he was declared bankrupt. First of all, under the auction contract the Receivers were entitled to receive and have received a 10 per cent deposit. Dressed stone, slate roof. This works out as three complaints per 1,000 relevant accounts. Then there is the question of funding. Accordingly, the question of selling the land has been one of the matters at the front of anyone's consideration. 11.2, if the condition has not be satisfied within six months of the auction date then either the buyer or the seller can serve notice on the other to terminate this contract. Abuse of Process and Re-litigation. The contracts of 23rd February 2011 separately relating to land at Manor Farm and land at Kirkdene have had the dates of the contracts on the cover sheet and within the body of the contract changed from 23rd February 2011 to 14th July 2011. 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. MR JUSTICE MORGAN: You are not being given the opportunity to move the cattle, as I understand it. MR HUNTER: I didn't realise I had to, sir, they're public footpaths, they're nothing to do with me, sir. 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 MR JUSTICE MORGAN: In practical terms one of the real, real problems about appeals is the transcript of the judgment. 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. So that is the position before one considers the possible application of section 91(2) of the Law of Property Act 1925. 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. So shall we talk about the first and start with you, Miss Windsor? If there is no point----, MR HUNTER: If I want to move the cattle, sir, how can I move the cattle if----. 30. I have referred to the land which is the subject matter of the charge. The District Judge on that hearing made an order that both Defendants give possession of the charged property on or before 5th October 2010. 74. Newcote Services Limited. 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. 57. MR JUSTICE MORGAN: Well, I'm not giving you permission to do it. Contains public sector information licensed under the Open Government Licence v3.0. MR JUSTICE MORGAN: Shall I hear what he says about that first? MR JUSTICE MORGAN: I am in the middle of giving a judgment dealing with the application. 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. We pride ourselves on our independence, and our human touch. So that is the order. The Receivers have actually got the maps, sir. 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. Because he is unable to perform them they will not be performed and title will be available to be transferred to Mr Taylor's company. Citing: Applied - Henderson v Henderson 20-Jul-1843. 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. The particulars of sale referred to the land. 49. Well, I will deal with that in a moment. MR JUSTICE MORGAN: Well, if you want to say that you should be given more time to do something----. 65. The plaintiff was the remainder beneficiary under the will trust of her grandfather, who died in 1922. 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. Mr Taylor will therefore get what he has contracted for, he will pay 1.505 million for a freehold free from the charge. National Westminster Bank plc v Spectrum Plus Ltd and others [2005] UKHL 41 Practical Law Case Page D-000-1223 (Approx. 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. It is an autonomous publicly-held company still trading under the NATWEST, NATIONAL WESTMINSTER and NATIONAL WESTMINSTER BANK marks but is now a fully-owned subsidiary of the Royal Bank of Scotland Group. 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 . Venue: HALL PLACE #4. 75. 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: 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. Thereafter she was absolutely entitled to the . BRIGHOUSE BRADFORD ROAD, BRIGHOUSE. It is agreed that all of the land with which this case is concerned is subject to one or other of those two charges. 68. We need to discuss the detail of the Court order, we need to discuss costs and we need to discuss Mr Hunter's application, which I apprehend he may wish to make, to have permission to appeal. 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. I don't believe the Court h as -- well, that's the appeal, for the appeal to decide. 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. He has, on the face of it -- although it is not for today for me to decide -- deliberately broken orders of the Court seeking to gain advantage by his breach. So I do not think there is any inconsistency in the order. This offer is open for acceptance until 4.30 p.m. Citations: [1985] 2 WLR 588; [1985] AC 686. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. National Westminster Bank (A/K/A NatWest Bank) is a fully-owned subsidiary of the Royal Bank of Scotland Group, which in March 2000, completed the acquisition of NatWest Bank. I will hear the parties on any detailed points arising in relation to the order, but in principle it seems to me it is an appropriate order for the Court to make. 14. We use necessary cookies to make our site work. 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. The last statement in the letter from UK Farm Finance Limited was, I repeat, that funds were available for draw down as at 14th July 2011. 55. MISS WINDSOR: This is the first I have heard of it. The sale memorandum records that the seller is Mr Hunter acting by his Receivers. The couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. 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. Courts, sentencing and tribunals; ", 27. 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. 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. 69. Walking down Lord Street and turning onto Church Street in Fleetwood is the wonderful National Westminster Bank Building. Millett LJ gave a short judgment agreeing with that of Phillips LJ and the third member of the court, Butler-Sloss LJ, agreed. 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. [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 . Secondly, I will order that by a very early point, which will be 4 p.m. on Thursday, 24th November 2011, that Mr Hunter deliver to the bank and/or the Receivers all existing cattle passports and all other relevant documentation spelt out in the draft order that relate to the cattle. 51. Is that a point to ask? Hudson v Secretary of State for Social Services, Jones v Secretary of State for Social Services [1972] 1 All ER 145, [1972] AC 944, [1972] 2 WLR 210, HL. Their payments fell into arrears and the building society started proceedings for repossession. 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. 50. 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. 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. Main Road. Click here to remove this judgment from your profile. England and Wales. John Trenberth v. National Westminster Bank [1979, Eng. 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. 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. 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. That was a case, different from the present case, where the mortgagor suffering from severe negative equity wished to see the property sold and bring to an end the ongoing liability to pay interest, but the mortgagee did not intend to exercise its power of sale and did not wish to see the property sold at that point in the market. 41. 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. So although the contract exists or the pair of contracts exist, the legal position is as I have attempted to describe it. On that date at around 12.18 pm, Mr Hunter sent an e-mail to the bank. They're there, they're on the map, sir. MR HUNTER: I ask for the right to appeal, sir. change. [1991] 2 AC 93, [1991] 3 All ER 41, [1991] 2 WLR 1177. 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. Also taking into account that I am still in possession of Manor Farm, Pitchcott, proof of funding can certainly be provided for a part payment up-front with a second charge in 12 months' time and I am happy to negotiate a figure with yourself that would acceptable to the bank and to myself. The future of this land has had to be addressed. ( a) the names and addresses of the members; ( b) the date on which each person was registered as a member; and. 79. 83. My submission would be that even if there is there is no reason why the Court should not injunct the First Defendant from using it. 67. The funds were available for draw down as at 14th July 2011.". 78. The consequence of that will be that the only contract that Mr Hunter is able to perform is the one in favour of Mr Taylor's company. MR JUSTICE MORGAN: Now, Miss Windsor, I have refused permission to appeal, but it remains open to Mr Hunter to serve an appellant's notice. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Using IBAN since United Kingdom has officially introduced the IBAN system in April 2001. MR JUSTICE MORGAN: ----and he will have to draft some grounds of appeal. I can now pick up the chronology again by referring to what happened at that auction. That company was acquired off-the-shelf in around February 2007. They are in force. The husband asked the claimant bank to refinance the loan. London Stock Exchange uses cookies to improve its website. National Wesminster Bank PLC. 38. 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. So again absent intervention from the Court, Mr Hunter is not able to perform his obligations under that contract. 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. That of course does not take from him his equity of redemption. 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. 9. 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. 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 . Whether that came before the other contracts of 14th July or after it in my judgment makes no difference. 23. 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 . In that sense it was to be a 100 per cent mortgage. National Westminster Bank Plc v Spectrum Plus Ltd & Ors (2005) Summary. That's correct? 24. Let me invite Mr Hunter to deal with that. Ch., Walton J. MR JUSTICE MORGAN: No, but the Court of Appeal is not going to really know what this case is about, particularly with Mr Hunter acting without legal assistance, unless it sees what was put forward as the reasons for the decision. 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. NatWest Group - Mortgages. I will now give my reasons for the decision I expressed earlier today to dismiss Mr Hunter's application under section 91 of the Law of Property Act 1925 and I will also give brief reasons in relation to the other application before me, the application by the bank for various heads of relief in support of its rights and its orders for possession that have previously been obtained. 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 . 45. The Court of Appeal decision in National Westminster Bank Plc. 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. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. 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. The bic codes below belong to NATIONAL WESTMINSTER BANK PLC bank and/or any of its branches across all countries and cities in the world. GRAHAM STAPLES, secretary, 10 May 1994 - 1 May 1994. At this hearing that is the only document before the Court which gives any information about the possibility of funding to K Hunter and Sons Limited in relation to a possible purchase of the land for 1.55 million. * Enter a valid Journal (must True it is that Mr Hunter owns the cattle, the bank does not own the cattle and does not have a security interest in the cattle. Further, under section 12(1)(a) Mr Hunter is already in breach of an obligation to take delivery of the cattle. The final reason for abridging time is that you are bound by a contract to sell Mr Taylor's company and I do not think it is appropriate to place the bank and the Receivers under time pressure where they might end up having difficulty in meeting time limits under the contract. NB v. London Borough of Haringey, [2011] EWHC 3544 (Fam); [2012] 2 FLR 125; [2012] Fam. 85. Mr Hunter replied by an e-mail received at 14.07 on that day. Lord Keith of Kinkel, Lord Griffiths, Lord Oliver of Aylemton, Lord Jauncey of Tullichettle. I need to deal with those matters, albeit briefly. 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. It is not necessary for today's purposes to decide when it was that Mr Hunter and K Hunter and Sons Limited altered the date on the February contracts to be 14th July 2011. MR JUSTICE MORGAN: Right. Nestle v National Westminster Bank This is an appeal by the plaintiff in the action, Miss Nestle, against a judgment of Hoffmann J., given as long ago as 29th June 1988, whereby, at the end of the trial of the action, he dismissed all Miss Nestle's claims against the defendant in the action, National Westminster Bank Plc. 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. MR JUSTICE MORGAN: Do you want to have access to move them on a particular time? 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 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. It is fair to say that the impression given by the two chronologies is somewhat different. 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. 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 would have left a balance of 2.5 million, which I am told in the course of argument has risen further by reason of fees and charges being added to the principal debt. Completion will take place following confirmation from the seller that the cattle have been removed. Having done that, Mr Hunter entered into two contracts of sale, one relating to a small area of land at Kirkdene for 7,500 and the other relating to the bulk of the land at a price of 922,500. ]: needed to repair building but couldn't do so without trespassing on property (needed to use it as a staging area, bring materials across, etc.) Paragraphs 4 and 5 they are to sell the stock. Before confirming, please ensure that you have thoroughly read and verified the judgment. ", 26. MR JUSTICE MORGAN: I think in the circumstances I am minded to say the letter should be returned to you signed by 4 p.m. tomorrow. MISS WINDSOR: 52.4(2): "The appellant must file the appellant's notice at the appeal court within such period as may be directed by the lower court or where the court makes no such direction 21 days after the date of the decision of the lower court that the appellant wishes to appeal." 80. 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. 3. 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. It was paid by cheque and the cheque has cleared. He is not in practical terms able to redeem the charges so he is not able to convey free from the charges. 0.00%. 7. These powers given by Clause 5 are in addition to all parts conferred on the Receiver under the general law. MR JUSTICE MORGAN: Well, let me see. When the mortgagee executes that TR2 Mr Taylor's company will take the title free from the charge. I am not going to start going into a point of that kind at this stage when you have not mentioned it before. What is unusual about the present case is that there is no dispute but that this property must be sold. Under the auction contract the full balance of the purchase price is payable on completion. Under the charge by way of legal mortgage the mortgagor was Mr Hunter and the bank was National Westminster Bank Plc.