Page 169 - Combined file Solheim

Siggers RTM

SS claim:
a. Interest in Nutley Place
a. July 2013 - £15,000 for plot of land (borrowed from David Spencer Butler)
b. 19 December 2014 - £20,000 for second plot of land
c. 21 December 2016 - £500,000 to account linked to mortgage
b. Repayment of £82,164 (lent between 5 September 2017 and 11 June 2018)-expressly
agreed to be repaid on sale of the property
c. Costs

LS response:
a. No, this was a gift
b. £63,000 on sale of the property
c. No/SS to pay W's ToLATA costs

[NB SS team aware of/alive to thesis for payment - see NA PS for directions - "She suggests
that the Claimant was guilty of some form of.fraud on the insurers when he made his claim
following the road traffic accident. She contends that this 'goes to credit' and suggests that her
(former) lawyers refused to plead the case as she sets out. This 'evidence' is irrelevant,
inadmissible and inconsistent with her pleaded case"- and see LS/MC position statement for
25.1.20]

Only "offer" on the table (from SS) is that LS pays £600k+

Re ToLATA claim
There was no express agreement
No agreement can be implied from conduct
No course of action, no written words
See LS Will - all to her children [but NB this pre-dates the payment of £500k]

SS does not say it was a loan - it was a gift

"Script"

A. Costs on both sides
B. SS must want out -ready for wedding/new life etc
C. Must have significant doubts on this being a valid ToLATA claim
D. LS: this was a gift:
1. Not a loan (no document- and not unfamiliar see Butler doc, no narrative and not
SS case)
2. Not a ToLATA (no express agreement and cannot be inferred from course of
conduct or otherwise)
3. SS gifted £500,000
a. Abandoned those funds - no evidence in the MCA proceedings to
recover /protect
b. As a result of that gift LS gives up/lost her joint lives maintenance [status
of SS 'evidence' - not filed, but some prepared -no reference to list]

Bates Number Bates No169