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The monies due under the Corben Mews Facility Agreement fell due for repayment by Corben Mews on 27 June 2023 but were not repaid.
Accordingly, VCT (through its solicitors) sent to Mrs Bandak a letter of demand dated 1 August 2023, a second letter of demand dated 6 October 2023, and a letter before action dated 19 January 2024, each demanding payment pursuant to the Guarantee. Those letters were sent to Mrs Bandak by post to 46 St Quintin Avenue and by email.
- 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