May 2021 Facility Agreement
May 2021 Facility Agreement
On 7 May 2021, Mr Emmett and Mrs Bandak entered into a further facility agreement (the “May 2021 Facility Agreement”) with CPF One. Its stated purpose was to refinance the November 2019 Facility Agreement. Again, Mrs Bandak’s signature was witnessed by Mr Fahri of Fahri LLP. The gross loan was £3,177,966.10, over a term of 12 months from completion of the loan, with a standard interest rate of 2% per month and a reduced interest rate of 0.89% per month.
By Clause 1 of the May 2021 Facility Agreement, CPF One’s security for the loan advanced remained the 2019 Charge.
That forms the wider factual matrix for the Corben Mews Facility Agreement, which, as I have mentioned, had as its purpose to refinance the existing borrowings for the Corben Mews Properties as a bridging loan.
- 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
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