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Neutral Citation Number: [2025] EWHC 1972 (Comm)
Case No.: LM-2024-000088
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
LONDON CIRCUIT COMMERCIAL COURT (KBD)
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 30 July 2025
Before:
HIS HONOUR JUDGE BAUMGARTNER
SITTING AS A JUDGE OF THE HIGH COURT
Between:
VICTORIA CAPITAL TRUST
Claimant/Respondent
- and -
AARON JOHN EMMETT
First Defendant
- and -
ANITA EMMETT
Second Defendant/Applicant
Shaiba Ilyas (instructed by DMB Law) for the Second Defendant/Applicant
Francis Collaço Moraes (instructed by TWM Solicitors LLP) for the Claimant/Respondent
Hearing date: 25 June 2025
Approved Judgment
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- 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