BL-2021-002235 - [2025] EWHC 1966 (Ch)

In this application, all the evidence before the court has been in written form. First of all, both the 2022 order and judgment of the deputy judge contain some findings of fact (notably about what happened in 2011 and 2012). There having been no appeal and no application to set aside the judgment, it is not open to the respondent at this hearing to go behind the findings of fact that the deputy judge made about the allegations of fraud inducing the respondent to enter into those transactions. Secondly, I had the two affidavits of Mr Baker, the applicant’s solicitor, and the affidavit of the respondent. Thirdly, there is the evidence of the many written communications between the parties and also with third parties, copies of which were exhibited to those affidavits.