[2025] EWHC 1972 (Comm)

Mr Ilyas submits the Default Judgment should be set aside because Mrs Bandak has a real prospect of defending VCT’s claim, or, alternatively, because Mrs Bandak was unaware of the claim until she received a letter from VCT’s solicitors dated 24 June 2025 enclosing an interim charging order. She had, he says, placed trust and confidence in Mr Emmett in relation to financial affairs which impacted upon their children, and that the Guarantee was procured by Mr Emmett’s undue influence over her which CPF One had constructive notice of but failed to take any steps to dispel. Mr Ilyas submits CPF One failed to take any steps to ensure that Mrs Bandak gave the Guarantee of her own free will and with a proper understanding of what it entailed.

Alternatively, Mr Ilyas submits Mrs Bandak’s non-receipt of the Claim Form provides some other good reason as to why the Default Judgment should be set aside.