Page 205 - Bundle for MF Final

Bates no 204

CLAIM NO F00BN141
FIRST DEFENDANT'S POSITION STATEMENT

• "the property was not just a home was also a joint venture in which the parties
made an investment of time and money"

• "it was acknowledged at no stage during the time the parties lived together did
the first defendant assert that the property was beneficially held by her alone:
rather by words and actions she confirmed the common intention that the
claimant held a beneficial interest in the property"

14 THESE ARE ALL EGREGIOUS LIES. There is not a single written or oral agreement
along the lines the Claimant now argues.

15 The FD willingly admits that she and the Claimant had - from time to time -
discussed the dream of buying a smallholding together to convert into an
equestrian centre once her children and his had left their homes (that is sometime
after 2022 when her youngest children move on ). However, there was never
8
any quertion of the Claimant having a financial interert in Nutley Place and no way
that he could have honertly misunderrtood the position.

16 On the contrary there are many, mainly mind-numbing emails, WhatsApp messages
and recorded conversations that prove the alleged. recently invented, litigation
supportive TOT ALA conversations are a figment of the Claimant's imagination.
17 For example:

(a) Taped conversation on 27 H February 2018
T
FD " well that's life. I'm not going to have anything either"

Claimant "well that s where you can take some equity out of your house"

(b) Tape conversation of 5th March 2018
Claimant "I can list my financial obligations and what I have and you can
have that in writing but I nearly think I should be represented
now because I feel, I feel, ----- I am up in court with him not you.
It's not you and your kids because you basiclly have the asset of
this house and I have said to you, you 're just going to have to sell
it to get on with it .....

18 The FD's will (Exhibit A) - which she retained Core Law to prepare - confirms the
true position;

• The FD explained the precise terms of her will with the Claimant in the autumn
of 2016. He had no objections to it. The FD felt that she was being "a bit
harcP" but told him:

"this is the way it has got to be ..... it's my only asset and it has to pass to the
kids';
Again, the Claimant did not express a word of dissent. M
Q)
tlO
<1l
0..
8 Hopefully to university
9 By asking him to be co-guardian of her children and then effectively evicting himji-o,n Nutley Place when they reached the
age of 18