Wider factual matrix
Wider factual matrix
Other facts and matters help illustrate the background to the Guarantee and the prior relationship between Mr Emmett and Mrs Bandak and the CPF Group.
The Corben Mews Facility Agreement was not Mr Emmett and Mrs Bandak’s first dealing with the CPF Group or CPF One. On 31 October 2019, they signed a Catalyst Property Finance Application Form for a loan as “Applicant/Guarantor”, and for which the proposed security was a second charge over 46 St Quintin Avenue. The existing primary lender given was “RBS” (the Royal Bank of Scotland), and their solicitors were noted as “Higgs & Sons”.
- 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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