Page 231 - Bundle for MF Final

Bates no 230

involved. These proceedings resulted, it seems, in a clean break between the

Defendants. The Claimant does not know how the first Defendant represented the
payment to her of £500,000 by the Claimant in the 2018 family court proceedings.

From documents she has provided, the first Defendant accepts that at times she
referred to the £500,000 payment as a loan. The Claimant does not know how the

2017/18 litigation ended but recalls that he was told that the second Defendant's
obligation to pay periodical payments was reduced. The Defence [B34 §14.5.3]

suggests that some form of conditional clean break was agreed in the proceedings
between the Defendants.

Claimant's case
11. It is the Claimant's case that he and the first Defendant were in a solid relationship at

the time of the financial transfers referred to above. He hoped and intended that he

and the first Defendant would live together in a long term committed relationship. He
and the first Defendant often discussed that they were working on, and investing in,
the property together for their joint benefit.

12. The Claimant will say that there was an agreement and a common intention between

himself and the first Defendant that the Claimant would acquire a beneficial interest
in the property. Without this agreement and understanding, the Claimant will say, he

would not have provided the first Defendant with over £600,000 of cash, largely
funded from his insurance payment, which was intended to provide for him for the

remainder of his working life.

13. On this basis, the Claimant's case is that he has a beneficial interest in the property,
arising out of the common intention between the parties and to be determined by

reference to the financial contributions which the Claimant made. Further, the

Claimant is entitled to the repayment of the £82,164.01 which he loaned to the first
Defendant.

14. The Claimant does not actively seek the sale of the property; if the first Defendant can

raise the funds to meet her obligations to him from other sources, the Claimant would
gladly agree to her retaining the property. He acknowledges that the sale of the

property may be inevitable if the Claimant has insufficient other resources.

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