![[2025] EWHC 1972 (Comm)](https://backend.juristeca.com/files/emisores/logo_WAai98v.png){kind=logo}
2019 Charge
2019 Charge
The November 2019 Facility Agreement was secured by a second legal charge over 46 St Quintin Avenue, signed and dated by Mr Emmett and Mrs Bandak on 8 November 2019 (the “2019 Charge”). Again, Mrs Bandak’s signature was witnessed by Mr Fahri of Fahri LLP.
- Heading
- Section 1
- Background
- Corben Mews Facility Agreement
- Guarantee
- Solicitor’s Certificate
- Wider factual matrix
- November 2019 Facility Agreement
- 2019 Charge
- Divorce and Financial Remedy Order
- May 2021 Facility Agreement
- Default
- Default Judgment
- The Application
- Submissions
- Second Defendant
- Claimant
- Legal framework
- Real prospect of success
- Some other good reason
- Undue influence
- The test
- Discussion and analysis
- Is there a presumed relationship of undue influence of Mr Emmett over Mrs Bandak?
- Was the Guarantee to Mrs Bandak’s manifest disadvantage?
- Was CPF One put on inquiry?
- Mrs Bandak acted of her own free will
- Conclusions