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Submissions
Submissions
The Application came before me for hearing on 26 June 2025. Shaiba Ilyas appeared for Applicant/Second Defendant, Mrs Bandak, and Francis Moraes appeared for VCT, the Respondent/Claimant. Each provided comprehensive written skeleton arguments, which they developed before me on the day. I considered the witness statements and exhibits filed by the parties, compended in the hearing bundle, together with the other material in that bundle and in the supplemental bundle prepared for the hearing.
- 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