Page 155 - Combined file Solheim
P. 155

MF- Think you have to run in TOLATA proceedings that it was an outright gift. Have to do statement
                setting out why in family proceedings you called it a loan, if he hasn't already seen them. If someone
                lends someone £500k.


                IS- Anthony wound up like a spring.

                MF- Is argument about detrimental reliance- he says resulting trust- we say detrimental reliance. He
                has run TOLATA and we have responded as such


               LS- Was advised he has uphill battle

                MF- Yes on the TOLATA claim. Say at roundtable he will fail at TOALAT as no evidence of common
               intention trust and he described it himself as a loan in a list used in family proceedings.


               LS-1 found that list in the office.

               MF- So we say he described it as a 'mortgage loan' in document he gave to us to use in variation, we
               relied on that to our detriment. It would be entirely inequitable for him to recover all sums.


               Can quantify school fees that lost as a result. If Anthony had lost his job and had only his pension
               though family court would have let him off his obligations. Need to quantify what you lost to put in
               an offer. **

               LS- If I was getting divorced now I wouldn't have gone for life maintenance but wouldn't have given
               Anthony all that money either.

               MF- Almost need broad chancery / commercial junior to do you a script of what to say at a
               roundtable meeting. Father obviously means well but says some things but waives privilege over
               Grosvenor Law which is not good.


               Origins of funds are relevant as to case as a whole.


               LS- When Sig first left he cut out emotionally. Anthony thinks he's above the law but since he left he
               has cut off emotionally.


               MF-1 am very worried about this, you have been stitched up like a kipper. I do not know what
               family court would have done had Sig not paid £500k towards mortgage and Anthony had just
               applied to vary on the basis of his circumstances. Need to know that.

               Has Anthony paid maintenance he has been ordered to pay?


               LS- Complicated, he knows goal posts have moved. He says will give me money for school fees but it
               will be to settle my debt to Sig in court.

               Sig wrote to Anthony and said he would lend him money to support kids. Anthony never responded.
                                        I
               He still paid me the money. said I would do all I could in court to get it back. He said he didn't want
               name mentioned in court. I was fighting for everyone the whole time. I said to my barrister vitally



               1917237.1
               Bates Number Bates No155
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