Page 230 - Bundle for MF Final

Bates no 229

Brief background
4. The first and second Defendants were married; the property was their family home. In
2011, the first and second Defendants divorced and as part of the financial

proceedings ancillary to their divorce, the beneficial interest in the property was

transferred to the first Defendant, subject to a mortgage. As part of the family court
order, the second Defendant was required by the court to pay periodical payments to
the first Defendant.

5. The Claimant and first Defendant were in a relationship between 2009 and 2018. The

first Defendant lived in the property between 2010 and 2018.

6. In April 2014, when cycling, the Claimant was involved in a road traffic accident. He
had been employed as a commercial pilot and was unable to work following the

accident. He received payments from insurers totalling around £1.3m.

7. During his relationship with the first Defendant, the Claimant made significant

financial contributions to the property and to the purchase of parcels of surrounding
land:

a. In July 2013, the Claimant contributed £15,000 to the £30,000 cost of land
adjacent to the property;

b. In December 2014, the Claimant contributed £20,000 to the £40,000 cost of
land adjacent to the property;
c. In December 2016, the Claimant paid £500,000 into a bank account in the

name of the first Defendant which was linked to the mortgage on the property.

8. The Claimant also undertook and funded significant amounts of work on the property.

9. Between September 2017 and June 2018 the Claimant loaned over £82,164.01 to the
first Defendant in order to assist with her living expenses, the school fees for the

Defendants' children and the first Defendant's dental work.

10. In late 2017 the second Defendant brought proceedings to vary the periodical
payments order. The Claimant was not a party or a witness to those proceedings but

was living with the first Defendant and was aware of the background and the issues
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