Page 232 - Bundle for MF Final

Bates no 231

15. The Claimant made a WP/ Part 36 offer on 30 April 2019. In his offer, the Claimant
agrees to accept the return of the money which he paid to the first Defendant:
£500,000; £37,364.37 and £82,164.0ltotalling £619,528.38. He agrees to forego any

beneficial interest in the property, interest on the money owed to him or costs.

First Defendant's case
16. The first Defendant's pleaded case (Defence [B26]) denies that there was any form of

agreement between the parties that the Claimant would acquire an interest in the
property. She accepts that the Claimant undertook some work to the property but

states that this amounted to "routine domestic chores" [B27 §7.1.4]. The first
Defendant pleads that she executed a will in November 2016 (just before the transfer

to her of the £500,000) in which she bequeathed her interest in the property to her
children, presumably as evidence of her claim to hold the entire beneficial interest in

the property at that time.

1 7. The first Defendant also suggests that she suffered some form of loss because the
2017 /8 family litigation brought by the second Defendant resulted in a reduction in

the periodical payments to be paid by the second Defendant. If that is that case ( and
the Claimant does not know the details), the family court made an order based on the

facts at the time. There is no jurisdictional basis for the first Defendant to seek some
form of compensation from the Claimant arising out of the end of their relationship.

18. The first Defendant accepts that the Claimant paid the money set out at 7(a) and (b)
above to purchase land next to the property but claims that those payments were gifts.

Similarly, she pleads that she did not request the payment to her of £500,000 [B33

§14.4.1] which was also a gift.

19. The first Defendant accepts that the Claimant lent her money between September
2017 and June 2018 [B39 §24.1] but pleads that the loan was for c£63,000 [B39

§24.2]. The first Defendant seems to accept that this sum is owed to the Claimant but
pleads that repayment is not due until the sale of the property [B39 §24.5]. The

Claimant recalls that as part of the family court proceedings in 2017 /18, the second

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