Page 156 - Combined file Solheim

important that Anthony somehow pays money back. He'd been on 13 holidays but not paid for his
kids. My dad was there, said Anthony said he's going to get much smaller bonus, what about if he
pays Sig 75% of bonus in first year and 50% of bonus in second year until he has repaid all. Then
barrister said he should pay 75% of debt, not right. I wasn't happy with it at all.

MF- Don't know how a court will deal wit a promissory estoppel or detrimental reliance argument.
Have no feeling about how court would deal with that. Want to see Anthony's disclosure. *** Might
be worth creating counter factual.

LS- Dad worried about, he's spoken to AIG who did pay out in good faith. He is worried I will be
ordered to pay back £500k and AIG will come after me

MF-1 don't see how, and it wasn't a fraud at the time, money from Diamond was a fraud.

Our proposals
It was a gift
If he's now recalling that gift them in any event we have relied on to our detriment

But that is inconsistent - we are saying both it is a loan and a gift.

LS- Think he's surprised I haven't moved, could say I will put house on market. If we concede it's a
loan but can we negotiate in context of being offset against him....

MF- Recital on face of family order flies in face of saying it was a gift.

LS- Family court was supposed to just say that Anthony was Just going to cooperate to remove
marital marker. We wrote to Barclays to request but Barclays said couldn't do it.

MF- Comes down to whether court would find it as a gift- why would they.

LS- He did it to lower the mortgage interest payment. He never paid it to me, he addressed the
paying in slip to Anthony.

MF- Suggests it wasn't a payment to you and wasn't intended to benefit you. **

LS- Cheque stub is very odd, why write it to Anthony.

MF- Will need to get permission of family court to disclose family proceedings

He will say she said it was a loan to benefit self so that Anthony wouldn't be let off. He has referred
to it as a loan in emails saying he wants his money back- that is a defence to TOLATA claim but
makes it a loan which means we have to repay it.

LS- Point is did she ask for a loan

MF- But he didn't intend to give it you as a gift. I don't think a judge will find it is a gift.

LS- QC friend said could it be a gift to both of you

1917237.1
Bates Number Bates No156